STATE OF NEW YORK ________________________________________________________________________ 5754 2021-2022 Regular Sessions IN ASSEMBLY February 24, 2021 ___________ Introduced by M. of A. BARCLAY, MORINELLO, B. MILLER, SMITH, MIKULIN, NORRIS, WALCZYK, GALLAHAN, SALKA, DeSTEFANO, J. M. GIGLIO -- Multi- Sponsored by -- M. of A. BROWN, LEMONDES, MANKTELOW -- read once and referred to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the civil practice law and rules, in relation to crimes committed against 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02990-01-1

A. 5754 2 1 Endangering the welfare of a child in the second degree is a class A 2 misdemeanor. 3 § 2. Section 260.11 of the penal law is renumbered section 260.12. 4 § 3. The penal law is amended by adding a new section 260.11 to read 5 as follows: 6 § 260.11 Endangering the welfare of a child in the first degree. 7 A person is guilty of endangering the welfare of a child in the first 8 degree when: 9 1. He or she knowingly acts in a manner which creates a foreseeable 10 risk of either serious physical injury or protracted harm to the mental 11 or emotional welfare of a child less than seventeen years old; or 12 2. He or she commits the crime of endangering the welfare of a child 13 in the second degree and has previously been convicted of endangering 14 the welfare of a child in the second degree as defined in section 260.10 15 of this article or endangering the welfare of a child in the first 16 degree as defined in this section. 17 Endangering the welfare of a child in the first degree is a class D 18 felony. 19 § 4. Section 260.12 of the penal law, as amended by chapter 89 of the 20 laws of 1984 and as renumbered by section two of this act, is amended to 21 read as follows: 22 § 260.12 Endangering the welfare of a child; corroboration. 23 A person shall not be convicted of endangering the welfare of a child 24 as defined in sections 260.10 or 260.11 of this article, or of an 25 attempt to commit the same, upon the testimony of a victim who is inca- 26 pable of consent because of mental defect or mental incapacity as to 27 conduct that constitutes an offense or an attempt to commit an offense 28 referred to in section 130.16 of this chapter, without additional 29 evidence sufficient pursuant to section 130.16 of this chapter to 30 sustain a conviction of an offense referred to in section 130.16 of this 31 chapter, or of an attempt to commit the same. 32 § 5. Section 260.15 of the penal law, as amended by chapter 447 of the 33 laws of 2010, is amended to read as follows: 34 § 260.15 Endangering the welfare of a child; defense. 35 In any prosecution for endangering the welfare of a child, pursuant to 36 section 260.10 or 260.11 of this article, based upon an alleged failure 37 or refusal to provide proper medical care or treatment to an ill child, 38 it is an affirmative defense that the defendant (a) is a parent, guardi- 39 an or other person legally charged with the care or custody of such 40 child; and (b) is a member or adherent of an organized church or reli- 41 gious group the tenets of which prescribe prayer as the principal treat- 42 ment for illness; and (c) treated or caused such ill child to be treated 43 in accordance with such tenets. 44 § 6. Paragraph (a) of subdivision 2 of section 30.10 of the criminal 45 procedure law, as amended by chapter 315 of the laws of 2019, is amended 46 to read as follows: 47 (a) A prosecution for a class A felony, or rape in the first degree as 48 defined in section 130.35 of the penal law, or a crime defined or 49 formerly defined in section 130.50 of the penal law, or aggravated sexu- 50 al abuse in the first degree as defined in section 130.70 of the penal 51 law, or course of sexual conduct against a child in the first degree as 52 defined in section 130.75 of the penal law, or incest in the first 53 degree as defined in section 255.27 of the penal law, or predatory sexu- 54 al assault as defined in section 130.95 of the penal law or predatory 55 sexual assault against a child as defined in section 130.96 of the penal 56 law may be commenced at any time;

A. 5754 3 1 § 7. Section 213-c of the civil practice law and rules, as amended by 2 chapter 315 of the laws of 2019, is amended to read as follows: 3 § 213-c. Action by victim of conduct constituting certain sexual 4 offenses. Notwithstanding any other limitation set forth in this arti- 5 cle, except as provided in subdivision (b) of section two hundred eight 6 of this article, all civil claims or causes of action brought by any 7 person for physical, psychological or other injury or condition suffered 8 by such person as a result of conduct which would constitute rape in the 9 first degree as defined in section 130.35 of the penal law, or rape in 10 the second degree as defined in subdivision two of section 130.30 of the 11 penal law, or rape in the third degree as defined in subdivision one or 12 three of section 130.25 of the penal law, or criminal sexual act in the 13 first degree as defined in section 130.50 of the penal law, or criminal 14 sexual act in the second degree as defined in subdivision two of section 15 130.45 of the penal law, or criminal sexual act in the third degree as 16 defined in subdivision one or three of section 130.40 of the penal law, 17 or incest in the first degree as defined in section 255.27 of the penal 18 law, or incest in the second degree as defined in section 255.26 of the 19 penal law (where the crime committed is rape in the second degree as 20 defined in subdivision two of section 130.30 of the penal law or crimi- 21 nal sexual act in the second degree as defined in subdivision two of 22 section 130.45), or aggravated sexual abuse in the first degree as 23 defined in section 130.70 of the penal law, or course of sexual conduct 24 against a child in the first degree as defined in section 130.75 of the 25 penal law, or predatory sexual assault as defined in section 130.95 of 26 the penal law or predatory sexual assault against a child as defined in 27 section 130.96 of the penal law may be brought against any party whose 28 intentional or negligent acts or omissions are alleged to have resulted 29 in the commission of the said conduct, within twenty years. Nothing in 30 this section shall be construed to require that a criminal charge be 31 brought or a criminal conviction be obtained as a condition of bringing 32 a civil cause of action or receiving a civil judgment pursuant to this 33 section or be construed to require that any of the rules governing a 34 criminal proceeding be applicable to any such civil action. 35 § 8. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 36 tice law and rules, as added by chapter 3 of the laws of 2006, is 37 amended to read as follows: 38 (b) Whenever it is shown that a criminal action against the same 39 defendant has been commenced with respect to the event or occurrence 40 from which a claim governed by this section arises, and such criminal 41 action is for rape in the first degree as defined in section 130.35 of 42 the penal law, or criminal sexual act in the first degree as defined in 43 section 130.50 of the penal law, or aggravated sexual abuse in the first 44 degree as defined in section 130.70 of the penal law, or course of sexu- 45 al conduct against a child in the first degree as defined in section 46 130.75 of the penal law, or predatory sexual assault as defined in 47 section 130.95 of the penal law, or predatory sexual assault against a 48 child as defined in section 130.96 of the penal law the plaintiff shall 49 have at least five years from the termination of the criminal action as 50 defined in section 1.20 of the criminal procedure law in which to 51 commence the civil action, notwithstanding that the time in which to 52 commence such action has already expired or has less than a year remain- 53 ing. 54 § 9. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 55 procedure law, as amended by chapter 11 of the laws of 2019, is amended 56 to read as follows:

A. 5754 4 1 (f) For purposes of a prosecution involving a sexual offense as 2 defined in article one hundred thirty of the penal law, other than a 3 sexual offense delineated in paragraph (a) of subdivision two of this 4 section, committed against a child less than eighteen years of age, 5 incest in the first, second or third degree as defined in sections 6 255.27, 255.26 and 255.25 of the penal law committed against a child 7 less than eighteen years of age, or use of a child in a sexual perform- 8 ance as defined in section 263.05 of the penal law, [~~the period of limi-~~ 9 ~~tation shall not begin to run until the child has reached the age of~~ 10 ~~twenty-three or the offense is reported to a law enforcement agency or~~ 11 ~~statewide central register of child abuse and maltreatment, whichever~~ 12 ~~occurs earlier~~] may be commenced at any time. 13 § 10. Subdivision 4 of section 130.65 of the penal law, as amended by 14 chapter 26 of the laws of 2011, is amended to read as follows: 15 4. When the other person is less than thirteen years old and the actor 16 is [~~twenty-one~~] eighteen years old or older. 17 § 11. Paragraph (c) of subdivision 1 of section 130.66 of the penal 18 law, as amended by chapter 485 of the laws of 2009, is amended and a new 19 paragraph (d) is added to read as follows: 20 (c) When the other person is less than eleven years old[.]; or 21 (d) When the other person is less than thirteen years old and the 22 actor is eighteen years old or older. 23 § 12. Paragraph (c) of subdivision 1 of section 130.67 of the penal 24 law, as added by chapter 450 of the laws of 1988, is amended and a new 25 paragraph (d) is added to read as follows: 26 (c) When the other person is less than eleven years old[.]; or 27 (d) When the other person is less than thirteen years old and the 28 actor is eighteen years old or older. 29 § 13. Paragraph (c) of subdivision 1 of section 130.70 of the penal 30 law, as amended by chapter 450 of the laws of 1988, is amended and a new 31 paragraph (d) is added to read as follows: 32 (c) When the other person is less than eleven years old[.]; or 33 (d) When the other person is less than thirteen years old and the 34 actor is eighteen years old or older. 35 § 14. Paragraph (a) of subdivision 1 of section 70.02 of the penal 36 law, as amended by chapter 189 of the laws of 2018, is amended to read 37 as follows: 38 (a) Class B violent felony offenses: an attempt to commit the class 39 A-I felonies of murder in the second degree as defined in section 40 125.25, kidnapping in the first degree as defined in section 135.25, and 41 arson in the first degree as defined in section 150.20; manslaughter in 42 the first degree as defined in section 125.20, aggravated manslaughter 43 in the first degree as defined in section 125.22, rape in the first 44 degree as defined in section 130.35, criminal sexual act in the first 45 degree as defined in section 130.50, aggravated sexual abuse in the 46 first degree as defined in section 130.70, [~~course of sexual conduct~~ 47 ~~against a child in the first degree as defined in section 130.75;~~] 48 assault in the first degree as defined in section 120.10, kidnapping in 49 the second degree as defined in section 135.20, burglary in the first 50 degree as defined in section 140.30, arson in the second degree as 51 defined in section 150.15, robbery in the first degree as defined in 52 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 53 subdivision five of section 230.34, sex trafficking of a child as 54 defined in section 230.34-a, incest in the first degree as defined in 55 section 255.27, criminal possession of a weapon in the first degree as 56 defined in section 265.04, criminal use of a firearm in the first degree

A. 5754 5 1 as defined in section 265.09, criminal sale of a firearm in the first 2 degree as defined in section 265.13, aggravated assault upon a police 3 officer or a peace officer as defined in section 120.11, gang assault in 4 the first degree as defined in section 120.07, intimidating a victim or 5 witness in the first degree as defined in section 215.17, hindering 6 prosecution of terrorism in the first degree as defined in section 7 490.35, criminal possession of a chemical weapon or biological weapon in 8 the second degree as defined in section 490.40, and criminal use of a 9 chemical weapon or biological weapon in the third degree as defined in 10 section 490.47. 11 § 15. Subdivision 3 of section 70.80 of the penal law, as added by 12 chapter 7 of the laws of 2007, is amended to read as follows: 13 3. Except as provided by subdivision four, five, six, seven or eight 14 of this section, or when a defendant is being sentenced for a conviction 15 of the class A-II felonies of predatory sexual assault [~~and~~], predatory 16 sexual assault against a child, or course of sexual conduct against a 17 child in the first degree as defined in sections 130.95 [~~and~~], 130.96 18 and 130.75 of this chapter, or for any class A-I sexually motivated 19 felony for which a life sentence or a life without parole sentence must 20 be imposed, a sentence imposed upon a defendant convicted of a felony 21 sex offense shall be a determinate sentence. The determinate sentence 22 shall be imposed by the court in whole or half years, and shall include 23 as a part thereof a period of post-release supervision in accordance 24 with subdivision two-a of section 70.45 of this article. Persons eligi- 25 ble for sentencing under section 70.07 of this article governing second 26 child sexual assault felonies shall be sentenced under such section and 27 paragraph (j) of subdivision two-a of section 70.45 of this article. 28 § 16. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the 29 penal law, paragraph (b) as amended by chapter 94 of the laws of 2020 30 and paragraph (c) as amended by chapter 134 of the laws of 2019, are 31 amended to read as follows: 32 (b) Class C violent felony offenses: an attempt to commit any of the 33 class B felonies set forth in paragraph (a) of this subdivision; aggra- 34 vated criminally negligent homicide as defined in section 125.11, aggra- 35 vated manslaughter in the second degree as defined in section 125.21, 36 aggravated sexual abuse in the second degree as defined in section 37 130.67, assault on a peace officer, police officer, firefighter or emer- 38 gency medical services professional as defined in section 120.08, 39 assault on a judge as defined in section 120.09, gang assault in the 40 second degree as defined in section 120.06, strangulation in the first 41 degree as defined in section 121.13, aggravated strangulation as defined 42 in section 121.13-a, course of sexual conduct against a child in the 43 second degree as defined in section 130.80, burglary in the second 44 degree as defined in section 140.25, robbery in the second degree as 45 defined in section 160.10, criminal possession of a weapon in the second 46 degree as defined in section 265.03, criminal use of a firearm in the 47 second degree as defined in section 265.08, criminal sale of a firearm 48 in the second degree as defined in section 265.12, criminal sale of a 49 firearm with the aid of a minor as defined in section 265.14, aggravated 50 criminal possession of a weapon as defined in section 265.19, soliciting 51 or providing support for an act of terrorism in the first degree as 52 defined in section 490.15, hindering prosecution of terrorism in the 53 second degree as defined in section 490.30, and criminal possession of a 54 chemical weapon or biological weapon in the third degree as defined in 55 section 490.37.

A. 5754 6 1 (c) Class D violent felony offenses: an attempt to commit any of the 2 class C felonies set forth in paragraph (b); reckless assault of a child 3 as defined in section 120.02, assault in the second degree as defined in 4 section 120.05, menacing a police officer or peace officer as defined in 5 section 120.18, stalking in the first degree, as defined in subdivision 6 one of section 120.60, strangulation in the second degree as defined in 7 section 121.12, rape in the second degree as defined in section 130.30, 8 criminal sexual act in the second degree as defined in section 130.45, 9 sexual abuse in the first degree as defined in section 130.65, [~~course~~ 10 ~~of sexual conduct against a child in the second degree as defined in~~ 11 ~~section 130.80,~~] aggravated sexual abuse in the third degree as defined 12 in section 130.66, facilitating a sex offense with a controlled 13 substance as defined in section 130.90, labor trafficking as defined in 14 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 15 possession of a weapon in the third degree as defined in subdivision 16 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 17 a firearm in the third degree as defined in section 265.11, intimidating 18 a victim or witness in the second degree as defined in section 215.16, 19 soliciting or providing support for an act of terrorism in the second 20 degree as defined in section 490.10, and making a terroristic threat as 21 defined in section 490.20, falsely reporting an incident in the first 22 degree as defined in section 240.60, placing a false bomb or hazardous 23 substance in the first degree as defined in section 240.62, placing a 24 false bomb or hazardous substance in a sports stadium or arena, mass 25 transportation facility or enclosed shopping mall as defined in section 26 240.63, aggravated unpermitted use of indoor pyrotechnics in the first 27 degree as defined in section 405.18, and criminal manufacture, sale, or 28 transport of an undetectable firearm, rifle or shotgun as defined in 29 section 265.50. 30 § 17. Section 130.75 of the penal law, as amended by chapter 1 of the 31 laws of 2000, paragraphs (a) and (b) of subdivision 1 as amended by 32 chapter 264 of the laws of 2003, is amended to read as follows: 33 § 130.75 Course of sexual conduct against a child or children in the 34 first degree. 35 1. A person is guilty of course of sexual conduct against a child or 36 children in the first degree when[~~, over a period of time not less than~~ 37 ~~three months in duration~~]: 38 (a) he or she engages in two or more acts of sexual conduct, which 39 includes at least one act of sexual intercourse, oral sexual conduct, 40 anal sexual conduct or aggravated sexual contact, with a child less than 41 eleven years old; or 42 (b) he or she, being eighteen years old or more, engages in two or 43 more acts of sexual conduct, which include at least one act of sexual 44 intercourse, oral sexual conduct, anal sexual conduct or aggravated 45 sexual contact, with a child less than thirteen years old[.]; or 46 (c) he or she engages in the acts defined in paragraph (a) or (b) of 47 this subdivision with two or more children. 48 2. A person may not be subsequently prosecuted for any other sexual 49 offense involving the same victim unless the other charged offense 50 occurred outside the time period charged under this section. 51 Course of sexual conduct against a child or children in the first 52 degree is a class [B] A-II felony. 53 § 18. Section 130.80 of the penal law, as amended by chapter 1 of the 54 laws of 2000, is amended to read as follows: 55 § 130.80 Course of sexual conduct against a child or children in the 56 second degree.

A. 5754 7 1 1. A person is guilty of course of sexual conduct against a child or 2 children in the second degree when[~~, over a period of time not less than~~ 3 ~~three months in duration~~]: 4 (a) he or she engages in two or more acts of sexual conduct with a 5 child less than eleven years old; or 6 (b) he or she, being eighteen years old or more, engages in two or 7 more acts of sexual conduct with a child less than thirteen years old; 8 or 9 (c) he or she engages in the acts defined in paragraph (a) or (b) of 10 this subdivision with two or more children. 11 2. A person may not be subsequently prosecuted for any other sexual 12 offense involving the same victim unless the other charged offense 13 occurred outside the time period charged under this section. 14 Course of sexual conduct against a child or children in the second 15 degree is a class [D] C felony. 16 § 19. Section 130.53 of the penal law, as amended by chapter 192 of 17 the laws of 2014, is amended to read as follows: 18 § 130.53 Persistent sexual abuse. 19 A person is guilty of persistent sexual abuse when he or she commits 20 the crime of forcible touching, as defined in section 130.52 of this 21 article, sexual abuse in the third degree, as defined in section 130.55 22 of this article, or sexual abuse in the second degree, as defined in 23 section 130.60 of this article, or sexual misconduct, as defined in 24 section 130.20 of this article, and, within the previous ten year peri- 25 od, excluding any time during which such person was incarcerated for any 26 reason, has been convicted two or more times, in separate criminal tran- 27 sactions for which sentence was imposed on separate occasions, of forci- 28 ble touching, as defined in section 130.52 of this article, sexual abuse 29 in the third degree as defined in section 130.55 of this article, sexual 30 abuse in the second degree, as defined in section 130.60 of this arti- 31 cle, or any offense defined in this article, of which the commission or 32 attempted commission thereof is a felony. 33 Persistent sexual abuse is a class E felony. 34 § 20. Section 10.00 of the penal law is amended by adding a new subdi- 35 vision 22 to read as follows: 36 22. For the purposes of section 125.25 of this chapter, the term 37 "depraved indifference to human life" means where the defendant, 38 although not intending to cause death, recklessly engages in a course of 39 fatal conduct which creates a grave risk of death to another person and 40 indicates indifference for the value of human life. Recklessness shall 41 be assessed objectively by the circumstances or factual setting in which 42 the crime occurred. 43 § 21. This act shall take effect on the first of November next 44 succeeding the date on which it shall have become a law, provided that: 45 1. section six of this act shall apply to offenses committed on and 46 after such date as well as to offenses committed prior thereto, provided 47 that such section six of this act shall not apply to offenses committed 48 prior to such date on which the prosecution thereof was barred under the 49 provisions of section 30.10 of the criminal procedure law in effect 50 immediately prior to such date; and 51 2. sections seven and eight of this act shall apply to acts committed 52 on and after such date as well as to acts committed prior thereto, 53 provided that such section seven of this act shall not apply to acts 54 committed prior to such date where the commencement of an action thereon 55 was barred under the provisions of article 2 of the civil practice law 56 and rules in effect immediately prior to such date.

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