NY State Senate Bill 2021-S405

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 06, 2021	referred to codes

co-Sponsors

2021-S405 (ACTIVE) - Details

See Assembly Version of this Bill:: A3278
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §260.09, amd §§260.10, 120.40 & 260.15, Pen L; amd §509-cc, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7249, A9102
2023-2024: S4051

2021-S405 (ACTIVE) - Summary

Establishes the crime of endangering the welfare of a child in the first degree; makes technical corrections.

2021-S405 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S405

SPONSOR: BIAGGI
 
TITLE OF BILL:

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 techni-
cal corrections thereto

 
PURPOSE:

To address forms of child abuse that cannot be adequately addressed
under existing law, including risk of serious injury, protracted impair-
ment, conduct that results in physical injury to young children, and
repeat abusers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds section 260.09 to the Penal Code to establish the crime
of endangering the welfare of a child in the first degree.

Section 2 amends section 260.10 of the Penal Code to establish the crime
of endangering the welfare of a child in the second degree.

Section 3 amends subdivision 5 of section 120.40 of the Penal Code to
include endangering the welfare of a child in both the first and second
degree.

Section 4 amends section 260.15 of the Penal Code to include a reference
to the new section 260.09 in the defense for endangering the welfare of
a child.

Section 5 amends paragraph (c) of subdivision 4 of section 509-cc of the
vehicle and traffic law to include a reference to the new section
260.09.

Section 6 sets forth the effective date.

 
JUSTIFICATION:

Unlike 37 other states, New York does not have a felony-level crime for
endangering the welfare of a child. The existing misdemeanor charge for
endangering the welfare of a child is often inadequate to capture the
severity of particularly egregious cases. This legislation establishes
the crime of endangering the welfare of a child in the first degree to
address those situations. It reclassifies the existing misdemeanor crime
of endangering the welfare of a child as the second degree version of
that crime.

There are numerous examples of child abuse cases across New York State
that could not be adequately addressed by the existing misdemeanor
charge. For instance, in Suffolk County, a four year old child with
cancer was denied treatment by her parents. Although she received the
initial surgery she needed, her parents never brought her back for
chemotherapy and other treatments that doctors believed were necessary
for her survival. Eight months later, her parents rushed her to the
hospital paralyzed from the waist down due to her cancer having spread
to other organs. Her parents' negligence almost resulted in her death
and required her to receive months of intensive medical care. Prosecu-
tors, however, did not have sufficient evidence to charge her parents
with reckless endangerment in the first degree or felony assault. They
could only charge them with the existing misdemeanor of child endanger-
ment, which failed to adequately address the harm done to this child.

Similarly, in Schenectady County, a parent of a 21-month old child
repeatedly bound and gagged their child and locked them in the back of a
dark closet for an extended period of time. Although the child did not
sustain any physical injury, they are likely emotionally scarred from
the abuse. Under current statute, the parent can only be charged with
misdemeanor child endangerment. If the parent had abused a mentally or
physically disabled person in the same way, they could be charged with a
felony. The child in question should have the same protection from abuse
as a mentally or physically disabled adult.  This new charge would also
help prosecutors address abuse that happens overtime or repeatedly.
Unfortunately, children often show signs of abuse that cannot be dated
or tied to a particular individual.  Prosecutors often cannot make a
felony charge in cases where a baby has multiple bone fractures or skull
fractures. Although the child has obviously experienced extreme pain and
suffering, if they cannot tie the injuries to a specific adult, there is
no existing felony level charge to address the failure of the child's
parents or guardian to address the obvious suffering of the child in
question.  Additionally, the statute for endangering the welfare of a
child does not have a "bump-up" provision. Other statutes, for instance
Penal Code 120.40120.60 which addresses stalking, raises the penalty in
cases where a past offender repeats the crime. Creating a felony level
endangering the welfare of a child charge would help prosecutors address
cases where an offender has repeatedly harmed children.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7249/A9102 - Died in Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it is signed into law.

2021-S405 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    405
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, KAMINSKY -- read twice and ordered printed,
   and when printed to be committed 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01620-01-1

 S. 405                              2
 
 SUBDIVISION ONE OF SECTION 265.02, SUBDIVISION ONE  OF  SECTION  265.03,
 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

 S. 405                              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.

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Senate Bill S405

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S405 (ACTIVE) - Details

2021-S405 (ACTIVE) - Summary

2021-S405 (ACTIVE) - Sponsor Memo

2021-S405 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S405

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

James Gaughran

Andrew Gounardes

Robert Jackson

Todd Kaminsky

2021-S405 (ACTIVE) - Details

2021-S405 (ACTIVE) - Summary

2021-S405 (ACTIVE) - Sponsor Memo

2021-S405 (ACTIVE) - Bill Text download pdf

Comments