S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3278
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   endangering the welfare of a child in the first degree; and  to  amend
   the  penal  law and the vehicle and traffic law, in relation to making
   technical corrections thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 260.09 to
 read as follows:
 § 260.09 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:
   1.  HE OR SHE KNOWINGLY OR RECKLESSLY ACTS IN A MANNER WHICH CREATES A
 RISK OF EITHER SERIOUS PHYSICAL INJURY OR PROTRACTED IMPAIRMENT  OF  THE
 PHYSICAL,  MENTAL  OR MORAL WELFARE OF A CHILD LESS THAN SEVENTEEN YEARS
 OLD; OR
   2. HE OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF  A  CHILD
 IN THE SECOND DEGREE, AND:
   A.  BEING EIGHTEEN YEARS OLD OR MORE HE OR SHE KNOWINGLY OR RECKLESSLY
 ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL
 WELFARE OF A CHILD LESS THAN SEVEN YEARS OLD AND CAUSES PHYSICAL  INJURY
 TO THAT CHILD, OR
   B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF A CRIME OR AN ATTEMPT TO
 COMMIT  A  CRIME  PURSUANT  TO THE PROVISIONS OF ARTICLES 120, 121, 125,
 130, 135, 150, 160, 230, 235, 260 AND 263 OF THE PENAL  LAW  OR  SECTION
 155.40,  155.42, 215.00, 215.10, 215.15, 215.16, 215.17, 215.50, 215.51,
 215.52, 220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44,  220.48,
 221.50,  240.75, 245.00, 245.03, 245.11, 250.45, 250.50, 250.55, 250.60,
 255.25, 255.26, 255.27, 265.01-A, SUBDIVISION  TWO  OF  SECTION  265.01,
 SUBDIVISION  ONE  OF  SECTION 265.02, SUBDIVISION ONE OF SECTION 265.03,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01620-01-1

 A. 3278                             2
 
 SUBDIVISION ONE OF SECTION 265.04, SUBDIVISION FIVE OF  SECTION  265.10,
 SUBDIVISION  ONE  OF  SECTION  265.11,  265.12,  265.13, 265.14, 265.16,
 265.17, OR 265.26 OF THE PENAL LAW AND THE VICTIM OF THE CRIME WAS  LESS
 THAN  SEVENTEEN  YEARS OLD OR IF THERE WAS MORE THAN ONE VICTIM AT LEAST
 ONE OF THE VICTIMS WAS LESS THAN SEVENTEEN YEARS OLD.
   ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  E
 FELONY.
   § 2. 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.
   3. 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.
   §  3. 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 IN THE FIRST DEGREE, AS DEFINED IN SECTION 260.09; endangering the
 welfare of a child IN THE SECOND DEGREE, as defined in  section  260.10;
 or

 A. 3278                             3
 
   § 4. 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, pursuant to
 section  260.09 OR SECTION 260.10 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.
   §  5.  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, 260.09, 260.10, 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.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.