STATE OF NEW YORK ________________________________________________________________________ 1635 2019-2020 Regular Sessions IN SENATE January 15, 2019 ___________ Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to endangering the welfare of a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 260.10 of the penal law, as amended by chapter 447 2 of the laws of 2010, is amended to read as follows: 3 § 260.10 Endangering the welfare of a child in the second degree. 4 A person is guilty of endangering the welfare of a child in the second 5 degree when: 6 1. He or she knowingly acts in a manner likely to be injurious to the 7 physical, mental or moral welfare of a child less than seventeen years 8 old or directs or authorizes such child to engage in an occupation 9 involving a substantial risk of danger to his or her life or health; or 10 2. Being a parent, guardian or other person legally charged with the 11 care or custody of a child less than eighteen years old, he or she fails 12 or refuses to exercise reasonable diligence in the control of such child 13 to prevent him or her from becoming an "abused child," a "neglected 14 child," a "juvenile delinquent" or a "person in need of supervision," as 15 those terms are defined in articles ten, three and seven of the family 16 court act. 17 3. A person is not guilty of the provisions of this section when he or 18 she engages in the conduct described in subdivision one of section 19 260.00 of this article: (a) with the intent to wholly abandon the child 20 by relinquishing responsibility for and right to the care and custody of 21 such child; (b) with the intent that the child be safe from physical 22 injury and cared for in an appropriate manner; (c) the child is left 23 with an appropriate person, or in a suitable location and the person who 24 leaves the child promptly notifies an appropriate person of the child's 25 location; and (d) the child is not more than thirty days old. 26 Endangering the welfare of a child in the second degree is a class A 27 misdemeanor. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06879-01-9

S. 1635 2 1 § 2. Section 260.11 of the penal law, as amended by chapter 89 of the 2 laws of 1984, is renumbered section 260.12 and amended to read as 3 follows: 4 § 260.12 Endangering the welfare of a child; corroboration. 5 A person shall not be convicted of endangering the welfare of a child 6 in the first or second degree, or of an attempt to commit the same, upon 7 the testimony of a victim who is incapable of consent because of mental 8 defect or mental incapacity as to conduct that constitutes an offense or 9 an attempt to commit an offense referred to in section 130.16 of this 10 part, without additional evidence sufficient pursuant to section 130.16 11 of this part to sustain a conviction of an offense referred to in 12 section 130.16 of this part, or of an attempt to commit the same. 13 § 3. The penal law is amended by adding a new section 260.11 to read 14 as follows: 15 § 260.11 Endangering the welfare of a child in the first degree. 16 A person is guilty of endangering the welfare of a child in the first 17 degree when, having been previously convicted of a violation of this 18 section or of section 260.10 of this article, he or she commits the 19 crime of endangering the welfare of a child in the second degree. 20 Endangering the welfare of a child in the first degree is a class E 21 felony. 22 § 4. Section 260.15 of the penal law, as amended by chapter 447 of the 23 laws of 2010, is amended to read as follows: 24 § 260.15 Endangering the welfare of a child; defense. 25 In any prosecution for endangering the welfare of a child, pursuant to 26 section 260.10 or 260.11 of this article, based upon an alleged failure 27 or refusal to provide proper medical care or treatment to an ill child, 28 it is an affirmative defense that the defendant (a) is a parent, guardi- 29 an or other person legally charged with the care or custody of such 30 child; and (b) is a member or adherent of an organized church or reli- 31 gious group the tenets of which prescribe prayer as the principal treat- 32 ment for illness; and (c) treated or caused such ill child to be treated 33 in accordance with such tenets. 34 § 5. Paragraph c of subdivision 5 of section 120.40 of the penal law, 35 as amended by section 7 of part NN of chapter 55 of the laws of 2018, is 36 amended to read as follows: 37 c. assault in the third degree, as defined in section 120.00; menacing 38 in the first degree, as defined in section 120.13; menacing in the 39 second degree, as defined in section 120.14; coercion in the first 40 degree, as defined in section 135.65; coercion in the second degree, as 41 defined in section 135.61; coercion in the third degree, as defined in 42 section 135.60; aggravated harassment in the second degree, as defined 43 in section 240.30; harassment in the first degree, as defined in section 44 240.25; menacing in the third degree, as defined in section 120.15; 45 criminal mischief in the third degree, as defined in section 145.05; 46 criminal mischief in the second degree, as defined in section 145.10, 47 criminal mischief in the first degree, as defined in section 145.12; 48 criminal tampering in the first degree, as defined in section 145.20; 49 arson in the fourth degree, as defined in section 150.05; arson in the 50 third degree, as defined in section 150.10; criminal contempt in the 51 first degree, as defined in section 215.51; endangering the welfare of a 52 child in the second degree, as defined in section 260.10; endangering 53 the welfare of a child in the first degree, as defined in section 54 260.11; or 55 § 6. This act shall take effect on the first of November next succeed- 56 ing the date on which it shall have become a law.

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