Bill Text: NY A00444 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes that the parent or guardian of a child shall be able to permit such child to engage in certain unsupervised acts without such parent being subject to penalty or such child being designated as a "neglected child".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A00444 Detail]
Download: New_York-2019-A00444-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 444 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. STECK, WOERNER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to exceptions to endangering the welfare of a child; and to amend the family court act, in relation to unsupervised children age ten or older 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 is amended by adding a new 2 subdivision 4 to read as follows: 3 4. (a) The provisions of this section shall not apply to a parent or 4 guardian of a child aged ten years or older where such parent or guardi- 5 an has permitted such child to engage in certain unsupervised acts 6 including but not limited to: 7 (i) traveling to and from school, including by walking, running, or 8 bicycling; 9 (ii) traveling via any public transportation system, provided such 10 child was given specific written instructions as to how to reach his or 11 her destination; 12 (iii) traveling to and from commercial or recreational facilities that 13 are less than five miles away from the parent or guardian's residence; 14 (iv) engaging in activities outside of the parent or guardian's resi- 15 dence; 16 (v) remaining unattended at the parent or guardian's residence; 17 (vi) leaving a child unattended in a motor vehicle for fifteen minutes 18 or less; or 19 (vii) engaging in a similar independent activity. 20 (b) No parent or guardian shall be convicted of child endangerment in 21 the absence of a showing of specific conduct by such parent or guardian 22 demonstrating that such parent acted in disregard of a known risk of 23 harm to such child that the parent actually perceived at the time or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03603-01-9A. 444 2 1 wrongdoing that was intended to harm such child. A complaint made by a 2 non-parent or guardian, member of law enforcement, or child advocate 3 employed by the state indicating that one of the aforementioned acts 4 mentioned in this subdivision occurred, shall be insufficient to find a 5 parent guilty of child endangerment. 6 § 2. Subdivision (f) of section 1012 of the family court act is 7 amended by adding a new paragraph (iii) to read as follows: 8 (iii)(A) "neglected child" shall not include a child aged ten years or 9 older whose parents or guardians permit such child to engage in certain 10 unsupervised acts including but not limited to: 11 (1) traveling to and from school, including by walking, running, or 12 bicycling; 13 (2) traveling via any public transportation system, provided such 14 child was given specific written instructions as to how to reach his or 15 her destination; 16 (3) traveling to and from commercial or recreational facilities that 17 are less than five miles away from the parent or guardian's residence; 18 (4) engaging in activities outside of the parent or guardian's resi- 19 dence; 20 (5) remaining unattended at the parent or guardian's residence; 21 (6) leaving a child unattended in a motor vehicle for fifteen minutes 22 or less; or 23 (7) engaging in a similar independent activity. 24 (B) a child shall not be considered a "neglected child" in the absence 25 of a showing of specific conduct by such parent or guardian demonstrat- 26 ing that such parent or guardian acted in disregard of a known risk of 27 harm to such child that the parent or guardian actually perceived at the 28 time or wrongdoing that was intended to harm such child. A complaint 29 made by a non-parent or guardian, member of law enforcement, or child 30 advocate employed by the state indicating that one of the aforementioned 31 acts mentioned in this subdivision occurred, shall be insufficient to 32 find a child to be a "neglected child" as set forth in this subdivision. 33 § 3. This act shall take effect on the ninetieth day after it shall 34 have become a law.