Relates to establishing a class D felony for endangering the welfare of a child in certain aggravated circumstances

5 Co-sponsors

• Martin J. Golden
• Timothy M. Kennedy
• George Latimer
• Kathleen A. Marchione
• Marc Panepinto

Title of bill

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

Purpose

This bill establishes a Class D violent felony offense for endangering the welfare of a child in certain aggravated circumstances.

Summary of provisions

Section 1 amends section 260.10 of the Penal Law to rename the current crime of "Endangering the welfare of a child" to "Endangering the welfare of a child in the second degree."

Section 2 renumbers section 260.11 of the Penal Law to section 260.12

Section 3 adds a new section 260.09 of the Penal Law to create the crime of "Endangering the welfare of a child in the first degree" which will be a Class D Felony.

Sections 4 and 5 makes changes to the definition of a violent felony offense (section 70.02(c)), corroboration requirements.(section 260.09) and a defense related to religious beliefs (section 260.15) that are required to conform the new section 260.09 of the Penal Law to existing law.

Section 6 states that this act shall take effect on the first day of January next succeeding the date on which it shall have become a law; provided, however, that if chapter 368 of the laws of 2015 shall not have taken effect on or before such date then section four of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2015 takes effect.

Justification

Currently, the crime of endangering the welfare of a child is only a misdemeanor. This bill will create a felony crime of endangering the welfare of a child in certain aggravated circumstances. This bill recognizes the inherent vulnerability of children and the solemn responsibility of our society to assure the welfare of its children. A person who knowingly or recklessly creates a risk of either serious physical injury or prolonged impairment deserves a harsher penalty than a misdemeanor. This bill also increases the penalty when a person repeats the offense of endangering the welfare of a child. If these aggravated circumstances exist, the crime will be raised from a class A misdemeanor to a class D felony.

Legislative history

2013-14: S.7045 Passed Senate

Fiscal implications

Minimal

Effective date

This act shall take effect on the first day of January next succeeding the date on which it shall have become a law; provided, however, that if chapter 368 of the laws of 2015 shall not have taken effect on or before such date then section four of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2015 takes effect.