S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3512
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY,  MORINELLO, MILLER, SMITH, MIKULIN,
   GALLAHAN, DeSTEFANO, TAGUE, BRABENEC,  CHANG,  BLUMENCRANZ,  ANGELINO,
   BROOK-KRASNY,  NOVAKHOV  --  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]  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  PARENT  OR  GUARDIAN fails or refuses to exercise reasonable dili-
 gence in the control of such child to prevent [him or  her]  SUCH  CHILD
 from becoming an "abused child," a "neglected child," a "juvenile delin-
 quent"  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05107-01-5
              

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 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.
   § 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. SUCH PERSON 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. SUCH PERSON 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
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 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;
   § 7. Section 213-c of the civil practice law and rules, as amended  by
 chapter 23 of the laws of 2024, 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 four, five or six of section
 130.30 of the penal law, or rape in the  second  degree  as  defined  in
 former  subdivision  two  of section 130.30 of the penal law, or rape in
 the third degree as defined in subdivision one, two, three, seven, eight
 or nine of section 130.25 of the penal law, or a crime formerly  defined
 in  section  130.50  of  the  penal  law, or a crime formerly defined in
 subdivision two of section 130.45 of the penal law, or a crime  formerly
 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 four, five or six of section 130.30 of the penal
 law, or rape in the second degree as formerly defined in subdivision two
 of section 130.30 of the penal law,  or  a  crime  formerly  defined  in
 subdivision two of section 130.45 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 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 23 of the laws of 2024, 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 a crime formerly 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 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
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 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 remaining.
   § 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 23 of the laws of 2024, 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, a crime formerly 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
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 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  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 23 of  the  laws  of  2024,  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,
 a crime formerly 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,  facili-
 tating  a  sex offense with a controlled substance as defined in section
 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
 vision 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 unper-
 mitted use of indoor pyrotechnics in the  first  degree  as  defined  in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable 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 777 of the laws of 2023, 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] SUCH PERSON engages in two  or  more  acts  of  sexual
 conduct, which includes at least one act of vaginal sexual contact, oral
 sexual contact, anal sexual contact or aggravated sexual contact, with a
 child less than eleven years old; or
   (b) [he or she] SUCH PERSON, being eighteen years old or more, engages
 in two or more acts of sexual conduct, which include at least one act of
 vaginal  sexual  contact,  oral  sexual  contact, anal sexual contact or
 aggravated sexual contact, with a child less than thirteen years old[.];
 OR
   (C) SUCH PERSON 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.
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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]  SUCH  PERSON engages in two or more acts of sexual
 conduct with a child less than eleven years old; or
   (b) [he or she] SUCH PERSON, 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) SUCH PERSON 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] SUCH
 PERSON 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 period, excluding any time during which such person was incarcerat-
 ed for any reason, has been convicted two or  more  times,  in  separate
 criminal  transactions  for which sentence was imposed on separate occa-
 sions, of forcible touching, as defined in section 130.52 of this  arti-
 cle,  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 article, 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 section seven of this act shall not apply to acts commit-
 ted 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.