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S7668Senate2009-2010 SessionSame asA11539

Relates to endangering the welfare of a child

Sponsor Charles J. Fuschillo Jr.SD-8+12 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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History

  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A11539Assembly

Relates to endangering the welfare of a child

In Assembly Committee · Codes · Sponsor Harvey Weisenberg

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the penal law and the executive law, in relation to endangering the welfare of a child

Purpose

To create the crime of endangering 1he welfare of a child in the first degree.

Summary of provisions

Section one of this bill amends the penal law, making the present endangering the welfare of a child endangering the welfare of a child in the second degree.

Section two of this bill renumbers and makes conforming changes to the endangering the welfare of a child; corroboration statute.

Section three of this bill creates a new section of the penal law creating the crime endangering the welfare of a child in the first degree.

Section four of the bill makes conforming changes to the endangering the welfare of a child; defense statute.

Section five of this bill makes conforming changes to the executive law.

Section six of this bill makes conforming changes to the penal law.

Justification

At present, the penal law only provides a misdemeanor crime for endangering the welfare of a child, no matter how egregious the endangerment may be and without regard to the past history of the endangerer. This bill creates a felony crime of endangering the welfare of a child in circumstances under which an individual puts a child in harm's way and as a result the child is seriously injured. Additionally, in circumstances under which an individual has previously been charged with child endangerment (in the first or second degree), a subsequent charge of endangerment would result in a felony.

This bill recognizes the inherent vulnerability of children and the solemn responsibility of a society to assure the welfare of its children. It recognizes that whether by action or omission. when an individual knowingly creates a situation likely to cause injury to a child, that any injuries that result are no less than child abuse. Lastly, it recognizes that the more serious the injuries, the more serious the crime, and too that persons with a history of placing children in precarious situations commit a more serious crime when they continue in this manner of behavior.

Legislative history

New bill.

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.