Relates to the crime of endangering the welfare of a child

1 Co-sponsor

• Patrick M. Gallivan

Title of bill

An act to amend the penal law, in relation to the crime of endangering the welfare of a child and to create a new crime of endangering the welfare of a child in the first degree

Purpose or general idea of bill

This bill creates the new crimes of endangering the welfare of a child.

Summary of specific provisions

Sections 1 through 6 amend Penal Law § 70.02, 260.10, 260.12, and 260.15, renumber current Penal Law § 260.11 as § 260.12, and add a new Penal Law § 260.11 to create a new class D violent felony offense of Endangering the Welfare of a Child in the First Degree. The current offense of Endangering the Welfare of a Child is converted to the second degree crime.

Justification

This bill creates a new class D felony offense of Endangering the Welfare of a Child in the First Degree. Endangering the Welfare of a Child applies to a wide variety of acts, ranging from leaving a young child in a car unattended to extreme physical abuse. However, under current law, only misdemeanor penalties can be imposed, regardless of the severity of the abuse. This bill would address this problem by enhancing penalties when the child abuser knowingly acts in a manner that creates a risk of serious injury or prolonged emotional impairment to a child less than 17 years of age or commits the crime of Endangering the Welfare of a Child when such person has previously been convicted of such crime or certain other crimes. The enhanced penalties would also apply when the victim of the crime is less than 11 years of age or suffers physical injury.

Prior legislative history

2015: S.3362 - Passed Senate /A.2745 - Referred to Codes 2014: S.3362 - Passed Senate /A.2725 - Refereed to Codes 2012: S.4003 Referred to Codes/ A.4509 - Referred to Codes 2011: S.4003 Referred to Codes/ A.4509 - Referred to Codes 2009: A.5148 Referred to Codes 2008: A.9119 Referred to Codes

Fiscal implications

None.

Effective date

November 1st next succeeding the date on which it shall have become law.