S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5605
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY,  MORINELLO, MILLER, SMITH, MIKULIN,
   NORRIS, GALLAHAN, DeSTEFANO,  J. M. GIGLIO,  TAGUE,  BRABENEC,  CHANG,
   BLUMENCRANZ  --  Multi-Sponsored  by  --  M. of A. K. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10198-01-3
              

 A. 5605                             2
 
 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.
   § 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-
 A. 5605                             3
 
 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;
   §  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.
 A. 5605                             4
 
   §  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:
   (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 130.67 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.
   §  12.  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.
   §  13.  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
 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
 A. 5605                             5
 
 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.
   §  14.  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.
   §  15. 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.
   (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
 A. 5605                             6
 
 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.
   § 16. 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.
   § 17. 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.
   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. 5605                             7
 
   (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.
   §  18.  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.
   § 19. Section 10.00 of the penal law is amended by adding a new subdi-
 vision 23 to read as follows:
   23. 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.
   § 20. 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.