S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3049
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by M. of A. LUNSFORD, COLTON, GLICK, McMAHON, LAVINE, SIMON,
   ZACCARO -- 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. SUCH PERSON 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. SUCH PERSON COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A CHILD
 IN THE SECOND DEGREE, AND:
   A. BEING EIGHTEEN YEARS OLD OR MORE SUCH PERSON KNOWINGLY OR RECKLESS-
 LY 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. SUCH PERSON 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,
 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,  SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04366-01-5
              

 A. 3049                             2
 
 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]  SUCH PERSON 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]  SUCH
 CHILD'S 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]
 SUCH  PERSON  fails  or  refuses to exercise reasonable diligence in the
 control of such child to prevent [him or her] SUCH CHILD  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] SUCH PERSON 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
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 welfare of a child IN THE SECOND DEGREE, as defined in  section  260.10;
 or
   § 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  92  of  the  laws  of  2021,  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,  subdivision two of
 section 222.50, subdivision  two  of  section  222.55,  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 afor-
 esaid 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.