S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5754
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of A. BARCLAY, MORINELLO, B. MILLER, SMITH, MIKULIN,
   NORRIS, WALCZYK, GALLAHAN, SALKA, DeSTEFANO,  J. M. GIGLIO  --  Multi-
   Sponsored  by  -- M. of A. BROWN, LEMONDES, MANKTELOW -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the penal law, the criminal procedure law and the  civil
   practice  law  and  rules,  in  relation to crimes committed against a
   child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02990-01-1

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   Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
 misdemeanor.
   § 2. Section 260.11 of the penal law is renumbered section 260.12.
   §  3.  The penal law is amended by adding a new section 260.11 to read
 as follows:
 § 260.11 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 ACTS IN A MANNER WHICH CREATES A FORESEEABLE
 RISK OF EITHER SERIOUS PHYSICAL INJURY OR PROTRACTED HARM TO THE  MENTAL
 OR EMOTIONAL 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 HAS PREVIOUSLY BEEN  CONVICTED  OF  ENDANGERING
 THE WELFARE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.10
 OF  THIS  ARTICLE  OR  ENDANGERING  THE  WELFARE OF A CHILD IN THE FIRST
 DEGREE AS DEFINED IN THIS SECTION.
   ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  D
 FELONY.
   §  4. Section 260.12 of the penal law, as amended by chapter 89 of the
 laws of 1984 and as renumbered by section two of this act, is amended to
 read as follows:
 § 260.12 Endangering the welfare of a child; corroboration.
   A person shall not be convicted of endangering the welfare of a  child
 AS  DEFINED  IN  SECTIONS  260.10  OR  260.11  OF THIS ARTICLE, or of an
 attempt to commit the same, upon the testimony of a victim who is  inca-
 pable  of  consent  because  of mental defect or mental incapacity as to
 conduct that constitutes an offense or an attempt to commit  an  offense
 referred  to  in  section  130.16  OF  THIS  CHAPTER, without additional
 evidence sufficient pursuant  to  section  130.16  OF  THIS  CHAPTER  to
 sustain a conviction of an offense referred to in section 130.16 OF THIS
 CHAPTER, or of an attempt to commit the same.
   § 5. 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  260.10 OR 260.11 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, guardi-
 an  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  reli-
 gious group the tenets of which prescribe prayer as the principal treat-
 ment for illness; and (c) treated or caused such ill child to be treated
 in accordance with such tenets.
   §  6.  Paragraph (a) of subdivision 2 of section 30.10 of the criminal
 procedure law, as amended by chapter 315 of the laws of 2019, is amended
 to read as follows:
   (a) A prosecution for a class A felony, or rape in the first degree as
 defined in section 130.35 of the  penal  law,  or  a  crime  defined  or
 formerly defined in section 130.50 of the penal law, or aggravated sexu-
 al  abuse  in the first degree as defined in section 130.70 of the penal
 law, or course of sexual conduct against a child in the first degree  as
 defined  in  section  130.75  of  the  penal law, or incest in the first
 degree as defined in section 255.27 of the penal law, OR PREDATORY SEXU-
 AL ASSAULT AS DEFINED IN SECTION 130.95 OF THE PENAL  LAW  OR  PREDATORY
 SEXUAL ASSAULT AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL
 LAW may be commenced at any time;

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   §  7. Section 213-c of the civil practice law and rules, as amended by
 chapter 315 of the laws of 2019, is amended to read as follows:
   §  213-c.  Action  by  victim  of  conduct constituting certain sexual
 offenses. Notwithstanding any other limitation set forth in  this  arti-
 cle,  except as provided in subdivision (b) of section two hundred eight
 of this article, all civil claims or causes of  action  brought  by  any
 person for physical, psychological or other injury or condition suffered
 by such person as a result of conduct which would constitute rape in the
 first  degree  as defined in section 130.35 of the penal law, or rape in
 the second degree as defined in subdivision two of section 130.30 of the
 penal law, or rape in the third degree as defined in subdivision one  or
 three  of section 130.25 of the penal law, or criminal sexual act in the
 first degree as defined in section 130.50 of the penal law, or  criminal
 sexual act in the second degree as defined in subdivision two of section
 130.45  of  the penal law, or criminal sexual act in the third degree as
 defined in subdivision one or three of section 130.40 of the penal  law,
 or  incest in the first degree as defined in section 255.27 of the penal
 law, or incest in the second degree as defined in section 255.26 of  the
 penal  law  (where  the  crime committed is rape in the second degree as
 defined in subdivision two of section 130.30 of the penal law or  crimi-
 nal  sexual  act  in  the second degree as defined in subdivision two of
 section 130.45), or aggravated sexual  abuse  in  the  first  degree  as
 defined  in section 130.70 of the penal law, or course of sexual conduct
 against a child in the first degree as defined in section 130.75 of  the
 penal  law,  OR PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF
 THE PENAL LAW OR PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED  IN
 SECTION  130.96  OF THE PENAL LAW may be brought against any party whose
 intentional or negligent acts or omissions are alleged to have  resulted
 in  the  commission of the said conduct, within twenty years. Nothing in
 this section shall be construed to require that  a  criminal  charge  be
 brought  or a criminal conviction be obtained as a condition of bringing
 a civil cause of action or receiving a civil judgment pursuant  to  this
 section  or  be  construed  to require that any of the rules governing a
 criminal proceeding be applicable to any such civil action.
   § 8. Paragraph (b) of subdivision 8 of section 215 of the civil  prac-
 tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
 amended to read as follows:
   (b) Whenever it is shown that  a  criminal  action  against  the  same
 defendant  has  been  commenced  with respect to the event or occurrence
 from which a claim governed by this section arises,  and  such  criminal
 action  is  for rape in the first degree as defined in section 130.35 of
 the penal law, or criminal sexual act in the first degree as defined  in
 section 130.50 of the penal law, or aggravated sexual abuse in the first
 degree as defined in section 130.70 of the penal law, or course of sexu-
 al  conduct  against  a  child in the first degree as defined in section
 130.75 of the penal law, OR  PREDATORY  SEXUAL  ASSAULT  AS  DEFINED  IN
 SECTION  130.95  OF THE PENAL LAW, OR PREDATORY SEXUAL ASSAULT AGAINST A
 CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW the plaintiff  shall
 have  at least five years from the termination of the criminal action as
 defined in section 1.20 of  the  criminal  procedure  law  in  which  to
 commence  the  civil  action,  notwithstanding that the time in which to
 commence such action has already expired or has less than a year remain-
 ing.
   § 9. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
 procedure  law, as amended by chapter 11 of the laws of 2019, is amended
 to read as follows:

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   (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
 defined  in  article  one  hundred thirty of the penal law, other than a
 sexual offense delineated in paragraph (a) of subdivision  two  of  this
 section,  committed  against  a  child  less than eighteen years of age,
 incest  in  the  first,  second  or  third degree as defined in sections
 255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
 less  than eighteen years of age, or use of a child in a sexual perform-
 ance as defined in section 263.05 of the penal law, [the period of limi-
 tation shall not begin to run until the child has  reached  the  age  of
 twenty-three  or  the offense is reported to a law enforcement agency or
 statewide central register of child abuse  and  maltreatment,  whichever
 occurs earlier] MAY BE COMMENCED AT ANY TIME.
   §  10. Subdivision 4 of section 130.65 of the penal law, as amended by
 chapter 26 of the laws of 2011, is amended to read as follows:
   4. When the other person is less than thirteen years old and the actor
 is [twenty-one] EIGHTEEN years old or older.
   § 11. Paragraph (c) of subdivision 1 of section 130.66  of  the  penal
 law, as amended by chapter 485 of the laws of 2009, is amended and a new
 paragraph (d) is added to read as follows:
   (c) When the other person is less than eleven years old[.]; OR
   (D)  WHEN  THE  OTHER  PERSON  IS LESS THAN THIRTEEN YEARS OLD AND THE
 ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
   § 12. Paragraph (c) of subdivision 1 of section 130.67  of  the  penal
 law,  as  added by chapter 450 of the laws of 1988, is amended and a new
 paragraph (d) is added to read as follows:
   (c) When the other person is less than eleven years old[.]; OR
   (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
 ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
   §  13.  Paragraph  (c) of subdivision 1 of section 130.70 of the penal
 law, as amended by chapter 450 of the laws of 1988, is amended and a new
 paragraph (d) is added to read as follows:
   (c) When the other person is less than eleven years old[.]; OR
   (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
 ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
   §  14.  Paragraph  (a)  of subdivision 1 of section 70.02 of the penal
 law, as amended by chapter 189 of the laws of 2018, is amended  to  read
 as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20; manslaughter in
 the first degree as defined in section 125.20,  aggravated  manslaughter
 in  the  first  degree  as  defined in section 125.22, rape in the first
 degree as defined in section 130.35, criminal sexual act  in  the  first
 degree  as  defined  in  section  130.50, aggravated sexual abuse in the
 first degree as defined in section 130.70,  [course  of  sexual  conduct
 against  a  child  in  the  first  degree as defined in section 130.75;]
 assault in the first degree as defined in section 120.10, kidnapping  in
 the  second  degree  as defined in section 135.20, burglary in the first
 degree as defined in section 140.30,  arson  in  the  second  degree  as
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  sex  trafficking  of a child as
 defined in section 230.34-a, incest in the first degree  as  defined  in
 section  255.27,  criminal possession of a weapon in the first degree as
 defined in section 265.04, criminal use of a firearm in the first degree

 A. 5754                             5
 
 as defined in section 265.09, criminal sale of a firearm  in  the  first
 degree  as  defined  in section 265.13, aggravated assault upon a police
 officer or a peace officer as defined in section 120.11, gang assault in
 the  first degree as defined in section 120.07, intimidating a victim or
 witness in the first degree as  defined  in  section  215.17,  hindering
 prosecution  of  terrorism  in  the  first  degree as defined in section
 490.35, criminal possession of a chemical weapon or biological weapon in
 the second degree as defined in section 490.40, and criminal  use  of  a
 chemical  weapon  or biological weapon in the third degree as defined in
 section 490.47.
   § 15. Subdivision 3 of section 70.80 of the penal  law,  as  added  by
 chapter 7 of the laws of 2007, is amended to read as follows:
   3.  Except  as provided by subdivision four, five, six, seven or eight
 of this section, or when a defendant is being sentenced for a conviction
 of the class A-II felonies of predatory sexual assault [and],  predatory
 sexual  assault  against  a child, OR COURSE OF SEXUAL CONDUCT AGAINST A
 CHILD IN THE FIRST DEGREE as defined in sections  130.95  [and],  130.96
 AND  130.75  of  this  chapter,  or for any class A-I sexually motivated
 felony for which a life sentence or a life without parole sentence  must
 be  imposed,  a  sentence imposed upon a defendant convicted of a felony
 sex offense shall be a determinate sentence.  The  determinate  sentence
 shall  be imposed by the court in whole or half years, and shall include
 as a part thereof a period of  post-release  supervision  in  accordance
 with  subdivision two-a of section 70.45 of this article. Persons eligi-
 ble for sentencing under section 70.07 of this article governing  second
 child  sexual assault felonies shall be sentenced under such section and
 paragraph (j) of subdivision two-a of section 70.45 of this article.
   § 16. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
 penal  law,  paragraph  (b) as amended by chapter 94 of the laws of 2020
 and paragraph (c) as amended by chapter 134 of the  laws  of  2019,  are
 amended to read as follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09,  gang  assault  in  the
 second  degree  as defined in section 120.06, strangulation in the first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, COURSE OF SEXUAL CONDUCT AGAINST  A  CHILD  IN  THE
 SECOND  DEGREE  AS  DEFINED  IN  SECTION  130.80, burglary in the second
 degree as defined in section 140.25, robbery in  the  second  degree  as
 defined in section 160.10, criminal possession of a weapon in the second
 degree  as  defined  in section 265.03, criminal use of a firearm in the
 second degree as defined in section 265.08, criminal sale of  a  firearm
 in  the  second  degree as defined in section 265.12, criminal sale of a
 firearm with the aid of a minor as defined in section 265.14, aggravated
 criminal possession of a weapon as defined in section 265.19, soliciting
 or providing support for an act of terrorism  in  the  first  degree  as
 defined  in  section  490.15,  hindering prosecution of terrorism in the
 second degree as defined in section 490.30, and criminal possession of a
 chemical weapon or biological weapon in the third degree as  defined  in
 section 490.37.

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   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 criminal sexual act in the second degree as defined in  section  130.45,
 sexual  abuse  in the first degree as defined in section 130.65, [course
 of sexual conduct against a child in the second  degree  as  defined  in
 section  130.80,] aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
 possession  of  a  weapon  in the third degree as defined in subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a victim or witness in the second degree as defined in  section  215.16,
 soliciting  or  providing  support for an act of terrorism in the second
 degree as defined in section 490.10, and making a terroristic threat  as
 defined  in  section  490.20, falsely reporting an incident in the first
 degree as defined in section 240.60, placing a false bomb  or  hazardous
 substance  in  the  first degree as defined in section 240.62, placing a
 false bomb or hazardous substance in a sports  stadium  or  arena,  mass
 transportation  facility or enclosed shopping mall as defined in section
 240.63, aggravated unpermitted use of indoor pyrotechnics in  the  first
 degree  as defined in section 405.18, and criminal manufacture, sale, or
 transport of an undetectable firearm, rifle or  shotgun  as  defined  in
 section 265.50.
   §  17. Section 130.75 of the penal law, as amended by chapter 1 of the
 laws of 2000, paragraphs (a) and (b) of  subdivision  1  as  amended  by
 chapter 264 of the laws of 2003, is amended to read as follows:
 §  130.75 Course  of  sexual  conduct against a child OR CHILDREN in the
              first degree.
   1. A person is guilty of course of sexual conduct against a  child  OR
 CHILDREN  in the first degree when[, over a period of time not less than
 three months in duration]:
   (a) he or she engages in two or more acts  of  sexual  conduct,  which
 includes  at  least  one act of sexual intercourse, oral sexual conduct,
 anal sexual conduct or aggravated sexual contact, with a child less than
 eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of  sexual conduct, which include at least one act of sexual
 intercourse, oral sexual conduct,  anal  sexual  conduct  or  aggravated
 sexual contact, with a child less than thirteen years old[.]; OR
   (C)  HE  OR SHE ENGAGES IN THE ACTS DEFINED IN PARAGRAPH (A) OR (B) OF
 THIS SUBDIVISION WITH TWO OR MORE CHILDREN.
   2. A person may not be subsequently prosecuted for  any  other  sexual
 offense  involving  the  same  victim  unless  the other charged offense
 occurred outside the time period charged under this section.
   Course of sexual conduct against a child  OR  CHILDREN  in  the  first
 degree is a class [B] A-II felony.
   §  18. Section 130.80 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 130.80 Course of sexual conduct against a child  OR  CHILDREN  in  the
              second degree.

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   1.  A  person is guilty of course of sexual conduct against a child OR
 CHILDREN in the second degree when[, over a period of time not less than
 three months in duration]:
   (a)  he  or  she  engages in two or more acts of sexual conduct with a
 child less than eleven years old; or
   (b) he or she, being eighteen years old or more,  engages  in  two  or
 more  acts  of sexual conduct with a child less than thirteen years old;
 OR
   (C) HE OR SHE ENGAGES IN THE ACTS DEFINED IN PARAGRAPH (A) OR  (B)  OF
 THIS SUBDIVISION WITH TWO OR MORE CHILDREN.
   2.  A  person  may not be subsequently prosecuted for any other sexual
 offense involving the same  victim  unless  the  other  charged  offense
 occurred outside the time period charged under this section.
   Course  of  sexual  conduct  against a child OR CHILDREN in the second
 degree is a class [D] C felony.
   § 19. Section 130.53 of the penal law, as amended by  chapter  192  of
 the laws of 2014, is amended to read as follows:
 § 130.53 Persistent sexual abuse.
   A  person  is guilty of persistent sexual abuse when he or she commits
 the crime of forcible touching, as defined in  section  130.52  of  this
 article,  sexual abuse in the third degree, as defined in section 130.55
 of this article, or sexual abuse in the second  degree,  as  defined  in
 section  130.60  of  this  article,  OR SEXUAL MISCONDUCT, AS DEFINED IN
 SECTION 130.20 OF THIS ARTICLE, and, within the previous ten year  peri-
 od, excluding any time during which such person was incarcerated for any
 reason, has been convicted two or more times, in separate criminal tran-
 sactions for which sentence was imposed on separate occasions, of forci-
 ble touching, as defined in section 130.52 of this article, sexual abuse
 in the third degree as defined in section 130.55 of this article, sexual
 abuse  in  the second degree, as defined in section 130.60 of this arti-
 cle, or any offense defined in this article, of which the commission  or
 attempted commission thereof is a felony.
   Persistent sexual abuse is a class E felony.
   § 20. Section 10.00 of the penal law is amended by adding a new subdi-
 vision 22 to read as follows:
   22.  FOR  THE  PURPOSES  OF  SECTION  125.25 OF THIS CHAPTER, THE TERM
 "DEPRAVED  INDIFFERENCE  TO  HUMAN  LIFE"  MEANS  WHERE  THE  DEFENDANT,
 ALTHOUGH NOT INTENDING TO CAUSE DEATH, RECKLESSLY ENGAGES IN A COURSE OF
 FATAL  CONDUCT WHICH CREATES A GRAVE RISK OF DEATH TO ANOTHER PERSON AND
 INDICATES INDIFFERENCE FOR THE VALUE OF HUMAN LIFE.  RECKLESSNESS  SHALL
 BE ASSESSED OBJECTIVELY BY THE CIRCUMSTANCES OR FACTUAL SETTING IN WHICH
 THE CRIME OCCURRED.
   §  21.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law, provided that:
   1. section six of this act shall apply to offenses  committed  on  and
 after such date as well as to offenses committed prior thereto, provided
 that  such section six of this act shall not apply to offenses committed
 prior to such date on which the prosecution thereof was barred under the
 provisions of section 30.10 of the  criminal  procedure  law  in  effect
 immediately prior to such date; and
   2.  sections seven and eight of this act shall apply to acts committed
 on and after such date as well  as  to  acts  committed  prior  thereto,
 provided  that  such  section  seven of this act shall not apply to acts
 committed prior to such date where the commencement of an action thereon
 was barred under the provisions of article 2 of the civil  practice  law
 and rules in effect immediately prior to such date.