Bill Text: NY A00508 | 2017-2018 | General Assembly | Introduced
Bill Title: Expands endangering the welfare of a child to include using a child for the purpose of begging, rag picking, collecting cigar stumps or refuse, or peddling.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A00508 Detail]
Download: New_York-2017-A00508-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 508 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. RODRIGUEZ -- read once and referred to the Committee on Codes AN ACT to amend the arts and cultural affairs law, the penal law and the vehicle and traffic law, in relation to endangering the welfare of a child; and to repeal paragraph (c) of subdivision 1 of section 35.07 of the arts and cultural affairs law relating to unlawful exhibitions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 1 of section 35.07 of the arts 2 and cultural affairs law is REPEALED, paragraph a of subdivision 1 is 3 redesignated paragraph (a) and paragraphs (d) and (e) are relettered 4 paragraphs (c) and (d). 5 § 2. Paragraph c of subdivision 5 of section 120.40 of the penal law, 6 as added by chapter 635 of the laws of 1999, is amended to read as 7 follows: 8 c. assault in the third degree, as defined in section 120.00; menacing 9 in the first degree, as defined in section 120.13; menacing in the 10 second degree, as defined in section 120.14; coercion in the first 11 degree, as defined in section 135.65; coercion in the second degree, as 12 defined in section 135.60; aggravated harassment in the second degree, 13 as defined in section 240.30; harassment in the first degree, as defined 14 in section 240.25; menacing in the third degree, as defined in section 15 120.15; criminal mischief in the third degree, as defined in section 16 145.05; criminal mischief in the second degree, as defined in section 17 145.10, criminal mischief in the first degree, as defined in section 18 145.12; criminal tampering in the first degree, as defined in section 19 145.20; arson in the fourth degree, as defined in section 150.05; arson 20 in the third degree, as defined in section 150.10; criminal contempt in 21 the first degree, as defined in section 215.51; endangering the welfare 22 of a child in the second degree, as defined in section 260.10; endanger- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04841-01-7A. 508 2 1 ing the welfare of a child in the first degree, as defined in section 2 260.10-a; or 3 § 3. Section 260.10 of the penal law, as amended by chapter 447 of the 4 laws of 2010, is amended to read as follows: 5 § 260.10 Endangering the welfare of a child in the second degree. 6 A person is guilty of endangering the welfare of a child in the second 7 degree when: 8 1. He or she knowingly acts in a manner likely to be injurious to the 9 physical, mental or moral welfare of a child less than seventeen years 10 old or directs or authorizes such child to engage in an occupation 11 involving a substantial risk of danger to his or her life or health; or 12 2. Being a parent, guardian or other person legally charged with the 13 care or custody of a child less than eighteen years old, he or she fails 14 or refuses to exercise reasonable diligence in the control of such child 15 to prevent him or her from becoming an "abused child," a "neglected 16 child," a "juvenile delinquent" or a "person in need of supervision," as 17 those terms are defined in articles ten, three and seven of the family 18 court act[.]; or 19 3. He or she employs, uses or exhibits a child less than sixteen years 20 old, or being the parent, guardian, employer or other person legally 21 charged with the care or custody of such a child, he or she consents to 22 allowing or refuses to restrain, such child from engaging in begging, or 23 receiving or soliciting alms in any manner or under any pretense, or in 24 any mendicant occupation, or in gathering or picking rags, or collecting 25 cigar stumps, or collecting bones or other refuse from markets or 26 streets, or peddling. 27 4. A person is not guilty of the provisions of this section when he or 28 she engages in the conduct described in subdivision one of section 29 260.00 of this article: (a) with the intent to wholly abandon the child 30 by relinquishing responsibility for and right to the care and custody of 31 such child; (b) with the intent that the child be safe from physical 32 injury and cared for in an appropriate manner; (c) the child is left 33 with an appropriate person, or in a suitable location and the person who 34 leaves the child promptly notifies an appropriate person of the child's 35 location; and (d) the child is not more than thirty days old. 36 Endangering the welfare of a child in the second degree is a class A 37 misdemeanor. 38 § 4. The penal law is amended by adding a new section 260.10-a to read 39 as follows: 40 § 260.10-a Endangering the welfare of a child in the first degree. 41 A person is guilty of endangering the welfare of a child in the first 42 degree when he or she commits the crime of endangering the welfare of a 43 child in the second degree as defined in section 260.10 of this article, 44 and: 45 1. Has been convicted of such offense or a violation of this section 46 within the previous five years; or 47 2. Knowingly solicits, requests, commands, importunes or attempts to 48 cause another person to engage in endangering the welfare of a child in 49 the second degree. 50 Endangering the welfare of a child in the first degree is a class E 51 felony. 52 § 5. Section 260.11 of the penal law, as amended by chapter 89 of the 53 laws of 1984, is amended to read as follows: 54 § 260.11 Endangering the welfare of a child; corroboration. 55 A person shall not be convicted of endangering the welfare of a child 56 in the second degree or endangering the welfare of a child in the firstA. 508 3 1 degree, or of an attempt to commit the same, upon the testimony of a 2 victim who is incapable of consent because of mental defect or mental 3 incapacity as to conduct that constitutes an offense or an attempt to 4 commit an offense referred to in section 130.16, without additional 5 evidence sufficient pursuant to section 130.16 to sustain a conviction 6 of an offense referred to in section 130.16, or of an attempt to commit 7 the same. 8 § 6. Section 260.15 of the penal law, as amended by chapter 447 of the 9 laws of 2010, is amended to read as follows: 10 § 260.15 Endangering the welfare of a child; defense. 11 In any prosecution for endangering the welfare of a child in the 12 second degree, pursuant to section 260.10 of this article, or endanger- 13 ing the welfare of a child in the first degree, pursuant to section 14 260.10-a of this article, based upon an alleged failure or refusal to 15 provide proper medical care or treatment to an ill child, it is an 16 affirmative defense that the defendant (a) is a parent, guardian or 17 other person legally charged with the care or custody of such child; and 18 (b) is a member or adherent of an organized church or religious group 19 the tenets of which prescribe prayer as the principal treatment for 20 illness; and (c) treated or caused such ill child to be treated in 21 accordance with such tenets. 22 § 7. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 23 and traffic law, as amended by chapter 368 of the laws of 2015, is 24 amended to read as follows: 25 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 26 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 27 of this section that result in disqualification for a period of five 28 years shall include a conviction under sections 100.10, 105.13, 115.05, 29 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 30 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 31 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 32 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 33 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 34 235.07, 235.21, 240.06, 245.00, 260.10, 260.10-a, subdivision two of 35 section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 36 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of 37 the aforesaid offenses under section 110.00 of the penal law, or any 38 similar offenses committed under a former section of the penal law, or 39 any offenses committed under a former section of the penal law which 40 would constitute violations of the aforesaid sections of the penal law, 41 or any offenses committed outside this state which would constitute 42 violations of the aforesaid sections of the penal law. 43 § 8. This act shall take effect immediately.
