Relates to abandoned infants and endangering the welfare of a child; repealer

Section two amends section 260.10 of the penal law, subdivision 1 as amended by chapter 476 of the laws of 1990 and subdivision 2 as amended by chapter 920 of the laws of 1982, to provide that a person is not guilty of the crime of endangering the welfare of a child when he or she deserts such child with intent to wholly abandon the child where the parent abandons the child with the intent (i) to wholly abandon the child by relinquishing responsibility for and rights to the care and custody of the child, and (ii) that the child be safe from physical injury and cared for in an appropriate manner, the parent leaves the child with an appropriate person or in a suitable location and promptly notifies an appropriate person of the child's location, and the child is not more than thirty days old.

Section three amends section 260.15 of the penal law, as amended by chapter 156 of the laws of 2000, to eliminate the affirmative defense provided in subdivision 2 in a prosecution for endangering the welfare of a child where the defendant leaves a child with the intent that the child be safe from physical injury and with an appropriate person or in a suitable location since this bill would eliminate the crime of endangering the welfare of a child on the basis of abandonment under the circumstances set forth in this section.

Section four provides for the repeal of section 250.03 of the penal law.

Section five provides the effective date.

Justification

Currently, all fifty states have laws, often termed Safe Haven or Baby Moses legislation, to protect infants who are safely abandoned. In. 2000, New York enacted the Abandoned Infant Protection Act (the Act) in order to allow a person to safely abandon an infant not more than five days old with an appropriate person or in a suitable location without the fear of criminal prosecution. Enacted to prevent infanticides throughout the state, the Act amended the social services law to require the Office of Children and Family Services (OCFS) to develop and implement a public information program to inform the general public of the new law, and amended the penal law to provide an affirmative defense to criminal prosecution for both the felony crime of abandonment of a child and the misdemeanor crime of endangering the welfare of a child where a person leaves an infant not more than five days old with an appropriate person or in a suitable location and promptly notifies an appropriate person of the child's location and does so with the intent that the child be safe from physical injury and cared for in an appropriate manner.

This legislation seeks to amend the Act in two important ways. First, the bill eliminates criminal liability where a person leaves an infant with an intent to wholly abandon the child by relinquishing responsibility for and rights to the care and custody of the child, with the intent that the child be safe from physical injury and cared for in an appropriate manner, and leaves the infant with an appropriate person or in a suitable location and promptly notifies an appropriate person of the child's location, and the child is not more than thirty days old.

Second, the bill provides for the safe and anonymous abandonment of an infant thirty days or younger. By increasing the age of an infant who is abandoned from five days or younger to thirty days or younger, this legislation provides a parent more time to consider whether to abandon his or her child and also to come forward to establish parental rights should he or she have second thoughts after abandoning the child.

There have been one hundred eighteen babies who have been safely abandoned pursuant to the Act and one hundred twelve adoptions of those babies since the-law passed in 2000. ("Parents in Crisis Have many options for Giving Babies Haven Officials Say" by Tina Kelley, March 5, 2008, The New York Times.) The Act was enacted to save the lives of unwanted, newborn infants. This legislation furthers the intent of the Act and facilitates its implementation by giving parents more time to make their decision and not subjecting them to criminal prosecution should they choose to abandon their child and do so safely and as otherwise prescribed by law.

Prior legislative history

Same as S.2950-C, Committed to Codes. Similar to A.10528/S.7983, 2008 Referred to Judiciary.

Fiscal implication

None.

Effective date

This act shall take effect immediately.