What's happening
This bill expands the definition of serious physical injury to include certain hemorrhages in young children and makes it a crime to recklessly cause serious physical injury to a child under seven years old.
Why it matters
Recognizes specific internal injuries (subdural, intracranial, and retinal hemorrhages) in children under seven as "serious physical injury,". which could lead to more child abuse cases being prosecuted as serious felonies, even if external injuries are not visible.
Targets reckless—not just intentional—behavior by adults that results in severe harm to young children,. holding caretakers and others criminally responsible for actions that show disregard for a child's safety, even if there was no intent to injure.
Expands protections for children under seven by creating a new crime category,. potentially increasing deterrence and accountability for adults and aligning the law with medical understanding of injuries commonly associated with abuse in very young children.
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Who cares
Headline styles
Felony for Reckless Child Assault
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3835
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the reckless assault of a child resulting in serious physical injury
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 10 of section 10.00 of the penal law, as amended by chapter 791 of the laws of 1967, is amended to read as follows:
10. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ, including, in the case of a child less than seven years old, subdural hemorrhage, intercranial hemorrhage or retinal hemorrhages.
§ 2. Paragraph (b) of subdivision 10 and subdivision 14 of section 120.05 of the penal law, paragraph (b) of subdivision 10 as amended and subdivision 14 as added by chapter 268 of the laws of 2016, are amended and a new subdivision 15 is added to read as follows:
(b) not being a student of such school or public school district, causes physical injury to another, and such other person is a student of such school who is attending or present for educational purposes. For purposes of this subdivision the term "school grounds" shall have the meaning set forth in subdivision fourteen of section 220.00 of this [chapter] part; or
14. With intent to prevent or obstruct a process server, as defined in section eighty-nine-t of the general business law, from performing a lawful duty pursuant to article three of the civil practice law and rules, or intentionally, as retaliation against such a process server for the performance of the process server's duties pursuant to such article, including by means of releasing or failing to control an animal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08381-01-9
A. 3835 2
evincing the actor's intent that the animal prevent or obstruct the lawful duty of the process server or as retaliation against the process server, he or she causes physical injury to such process server[.]; or
15. Being eighteen years old or more, he or she recklessly causes serious physical injury to a child less than seven years old.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.