S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1986
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
   relation  to  endangering  the welfare of a child; and to repeal para-
   graph (c) of subdivision 1 of section 35.07 of the arts  and  cultural
   affairs law relating to unlawful exhibitions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of section 35.07 of the arts
 and cultural affairs law is REPEALED.
   § 2. Paragraph c of subdivision 5 of section 120.40 of the penal  law,
 as amended by section 7 of part NN of chapter 55 of the laws of 2018, is
 amended to read as follows:
   c. assault in the third degree, as defined in section 120.00; menacing
 in  the  first  degree,  as  defined  in section 120.13; menacing in the
 second degree, as defined in  section  120.14;  coercion  in  the  first
 degree,  as defined in section 135.65; coercion in the second degree, as
 defined in section 135.61; coercion in the third degree, as  defined  in
 section  135.60;  aggravated harassment in the second degree, as defined
 in section 240.30; harassment in the first degree, as defined in section
 240.25; menacing in the third degree,  as  defined  in  section  120.15;
 criminal  mischief  in  the  third degree, as defined in section 145.05;
 criminal mischief in the second degree, as defined  in  section  145.10,
 criminal  mischief  in  the  first degree, as defined in section 145.12;
 criminal tampering in the first degree, as defined  in  section  145.20;
 arson  in  the fourth degree, as defined in section 150.05; arson in the
 third degree, as defined in section 150.10;  criminal  contempt  in  the
 first degree, as defined in section 215.51; endangering the welfare of a
 child,  as defined in section 260.10; ENDANGERING THE WELFARE OF A CHILD
 IN THE FIRST DEGREE, AS DEFINED IN SECTION 260.10-A; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05596-01-9
              

 S. 1986                             2
 
   § 3. Section 260.10 of the penal law, as amended by chapter 447 of the
 laws of 2010, is amended to read as follows:
 § 260.10 Endangering the welfare of a child IN THE SECOND DEGREE.
   A person is guilty of endangering the welfare of a child IN THE SECOND
 DEGREE when:
   1.  He or she knowingly acts in a manner likely to be injurious to the
 physical, mental or moral welfare of a child less than  seventeen  years
 old  or  directs  or  authorizes  such  child to engage in an occupation
 involving a substantial risk of danger to his or her life or health; or
   2. Being a parent, guardian or other person legally charged  with  the
 care or custody of a child less than eighteen years old, he or she fails
 or refuses to exercise reasonable diligence in the control of such child
 to  prevent  him  or  her  from becoming an "abused child," a "neglected
 child," a "juvenile delinquent" or a "person in need of supervision," as
 those terms are defined in articles ten, three and seven of  the  family
 court act[.]; OR
   3. HE OR SHE EMPLOYS, USES OR EXHIBITS A CHILD LESS THAN SIXTEEN YEARS
 OLD,  OR  BEING  THE  PARENT, GUARDIAN, EMPLOYER OR OTHER PERSON LEGALLY
 CHARGED WITH THE CARE OR CUSTODY OF SUCH A CHILD, HE OR SHE CONSENTS  TO
 ALLOWING OR REFUSES TO RESTRAIN, SUCH CHILD FROM ENGAGING IN BEGGING, OR
 RECEIVING  OR SOLICITING ALMS IN ANY MANNER OR UNDER ANY PRETENSE, OR IN
 ANY MENDICANT OCCUPATION, OR IN GATHERING OR PICKING RAGS, OR COLLECTING
 CIGAR STUMPS, OR COLLECTING  BONES  OR  OTHER  REFUSE  FROM  MARKETS  OR
 STREETS, OR PEDDLING.
   4. A person is not guilty of the provisions of this section when he or
 she  engages  in  the  conduct  described  in subdivision one of section
 260.00 of this article: (a) with the intent to wholly abandon the  child
 by relinquishing responsibility for and right to the care and custody of
 such  child;  (b)  with  the intent that the child be safe from physical
 injury and cared for in an appropriate manner; (c)  the  child  is  left
 with an appropriate person, or in a suitable location and the person who
 leaves  the child promptly notifies an appropriate person of the child's
 location; and (d) the child is not more than thirty days old.
   Endangering the welfare of a child IN THE SECOND DEGREE is a  class  A
 misdemeanor.
   § 4. The penal law is amended by adding a new section 260.10-a to read
 as follows:
 § 260.10-A ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
 DEGREE WHEN HE OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF  A
 CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.10 OF THIS ARTICLE,
 AND:
   1.  HAS  BEEN CONVICTED OF SUCH OFFENSE OR A VIOLATION OF THIS SECTION
 WITHIN THE PREVIOUS FIVE YEARS; OR
   2. KNOWINGLY SOLICITS, REQUESTS, COMMANDS, IMPORTUNES OR  ATTEMPTS  TO
 CAUSE  ANOTHER PERSON TO ENGAGE IN ENDANGERING THE WELFARE OF A CHILD IN
 THE SECOND DEGREE.
   ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  E
 FELONY.
   §  5. Section 260.11 of the penal law, as amended by chapter 89 of the
 laws of 1984, is amended to read as follows:
 § 260.11 Endangering the welfare of a child; corroboration.
   A person shall not be convicted of endangering the welfare of a  child
 IN  THE SECOND DEGREE OR ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
 DEGREE, or of an attempt to commit the same, upon  the  testimony  of  a
 victim  who  is  incapable of consent because of mental defect or mental

 S. 1986                             3
 
 incapacity as to conduct that constitutes an offense or  an  attempt  to
 commit  an  offense  referred  to  in section 130.16, without additional
 evidence sufficient pursuant to section 130.16 to sustain  a  conviction
 of  an offense referred to in section 130.16, or of an attempt to commit
 the same.
   § 6. Section 260.15 of the penal law, as amended by chapter 447 of the
 laws of 2010, is amended to read as follows:
 § 260.15 Endangering the welfare of a child; defense.
   In any prosecution for endangering the  welfare  of  a  child  IN  THE
 SECOND  DEGREE, pursuant to section 260.10 of this article, OR ENDANGER-
 ING THE WELFARE OF A CHILD IN THE  FIRST  DEGREE,  PURSUANT  TO  SECTION
 260.10-A  OF  THIS  ARTICLE, based upon an alleged failure or refusal to
 provide proper medical care or treatment to  an  ill  child,  it  is  an
 affirmative  defense  that  the  defendant  (a) is a parent, guardian or
 other person legally charged with the care or custody of such child; and
 (b) is a member or adherent of an organized church  or  religious  group
 the  tenets  of  which  prescribe  prayer as the principal treatment for
 illness; and (c) treated or caused such  ill  child  to  be  treated  in
 accordance with such tenets.
   §  7.  Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
 and traffic law, as amended by chapter 368  of  the  laws  of  2015,  is
 amended to read as follows:
   (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
 of this section that result in disqualification for  a  period  of  five
 years  shall include a conviction under sections 100.10, 105.13, 115.05,
 120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
 125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
 220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,  235.06,
 235.07,  235.21,  240.06,  245.00,  260.10, 260.10-A, subdivision two of
 section 260.20 and sections  260.25,  265.02,  265.03,  265.08,  265.09,
 265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
 the aforesaid offenses under section 110.00 of the  penal  law,  or  any
 similar  offenses  committed under a former section of the penal law, or
 any offenses committed under a former section of  the  penal  law  which
 would  constitute violations of the aforesaid sections of the penal law,
 or any offenses committed outside  this  state  which  would  constitute
 violations of the aforesaid sections of the penal law.
   § 8. This act shall take effect immediately.