Bill Text: NY A05605 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to crimes against a child; makes endangering the welfare of a child in the first degree a crime.
Spectrum: Strong Partisan Bill (Republican 17-1)
Status: (Introduced) 2024-01-03 - referred to codes [A05605 Detail]
Download: New_York-2023-A05605-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5605 2023-2024 Regular Sessions IN ASSEMBLY March 16, 2023 ___________ Introduced by M. of A. BARCLAY, MORINELLO, MILLER, SMITH, MIKULIN, NORRIS, GALLAHAN, DeSTEFANO, J. M. GIGLIO, TAGUE, BRABENEC, CHANG, BLUMENCRANZ -- Multi-Sponsored by -- M. of A. K. 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10198-01-3A. 5605 2 1 with an appropriate person, or in a suitable location and the person who 2 leaves the child promptly notifies an appropriate person of the child's 3 location; and (d) the child is not more than thirty days old. 4 Endangering the welfare of a child in the second degree is a class A 5 misdemeanor. 6 § 2. Section 260.11 of the penal law is renumbered section 260.12. 7 § 3. The penal law is amended by adding a new section 260.11 to read 8 as follows: 9 § 260.11 Endangering the welfare of a child in the first degree. 10 A person is guilty of endangering the welfare of a child in the first 11 degree when: 12 1. He or she knowingly acts in a manner which creates a foreseeable 13 risk of either serious physical injury or protracted harm to the mental 14 or emotional welfare of a child less than seventeen years old; or 15 2. He or she commits the crime of endangering the welfare of a child 16 in the second degree and has previously been convicted of endangering 17 the welfare of a child in the second degree as defined in section 260.10 18 of this article or endangering the welfare of a child in the first 19 degree as defined in this section. 20 Endangering the welfare of a child in the first degree is a class D 21 felony. 22 § 4. Section 260.12 of the penal law, as amended by chapter 89 of the 23 laws of 1984 and as renumbered by section two of this act, is amended to 24 read as follows: 25 § 260.12 Endangering the welfare of a child; corroboration. 26 A person shall not be convicted of endangering the welfare of a child 27 as defined in sections 260.10 or 260.11 of this article, or of an 28 attempt to commit the same, upon the testimony of a victim who is inca- 29 pable of consent because of mental defect or mental incapacity as to 30 conduct that constitutes an offense or an attempt to commit an offense 31 referred to in section 130.16 of this chapter, without additional 32 evidence sufficient pursuant to section 130.16 of this chapter to 33 sustain a conviction of an offense referred to in section 130.16 of this 34 chapter, or of an attempt to commit the same. 35 § 5. Section 260.15 of the penal law, as amended by chapter 447 of the 36 laws of 2010, is amended to read as follows: 37 § 260.15 Endangering the welfare of a child; defense. 38 In any prosecution for endangering the welfare of a child, pursuant to 39 section 260.10 or 260.11 of this article, based upon an alleged failure 40 or refusal to provide proper medical care or treatment to an ill child, 41 it is an affirmative defense that the defendant (a) is a parent, guardi- 42 an or other person legally charged with the care or custody of such 43 child; and (b) is a member or adherent of an organized church or reli- 44 gious group the tenets of which prescribe prayer as the principal treat- 45 ment for illness; and (c) treated or caused such ill child to be treated 46 in accordance with such tenets. 47 § 6. Paragraph (a) of subdivision 2 of section 30.10 of the criminal 48 procedure law, as amended by chapter 315 of the laws of 2019, is amended 49 to read as follows: 50 (a) A prosecution for a class A felony, or rape in the first degree as 51 defined in section 130.35 of the penal law, or a crime defined or 52 formerly defined in section 130.50 of the penal law, or aggravated sexu- 53 al abuse in the first degree as defined in section 130.70 of the penal 54 law, or course of sexual conduct against a child in the first degree as 55 defined in section 130.75 of the penal law, or incest in the first 56 degree as defined in section 255.27 of the penal law, or predatory sexu-A. 5605 3 1 al assault as defined in section 130.95 of the penal law or predatory 2 sexual assault against a child as defined in section 130.96 of the penal 3 law may be commenced at any time; 4 § 7. Section 213-c of the civil practice law and rules, as amended by 5 chapter 315 of the laws of 2019, is amended to read as follows: 6 § 213-c. Action by victim of conduct constituting certain sexual 7 offenses. Notwithstanding any other limitation set forth in this arti- 8 cle, except as provided in subdivision (b) of section two hundred eight 9 of this article, all civil claims or causes of action brought by any 10 person for physical, psychological or other injury or condition suffered 11 by such person as a result of conduct which would constitute rape in the 12 first degree as defined in section 130.35 of the penal law, or rape in 13 the second degree as defined in subdivision two of section 130.30 of the 14 penal law, or rape in the third degree as defined in subdivision one or 15 three of section 130.25 of the penal law, or criminal sexual act in the 16 first degree as defined in section 130.50 of the penal law, or criminal 17 sexual act in the second degree as defined in subdivision two of section 18 130.45 of the penal law, or criminal sexual act in the third degree as 19 defined in subdivision one or three of section 130.40 of the penal law, 20 or incest in the first degree as defined in section 255.27 of the penal 21 law, or incest in the second degree as defined in section 255.26 of the 22 penal law (where the crime committed is rape in the second degree as 23 defined in subdivision two of section 130.30 of the penal law or crimi- 24 nal sexual act in the second degree as defined in subdivision two of 25 section 130.45), or aggravated sexual abuse in the first degree as 26 defined in section 130.70 of the penal law, or course of sexual conduct 27 against a child in the first degree as defined in section 130.75 of the 28 penal law, or predatory sexual assault as defined in section 130.95 of 29 the penal law or predatory sexual assault against a child as defined in 30 section 130.96 of the penal law may be brought against any party whose 31 intentional or negligent acts or omissions are alleged to have resulted 32 in the commission of the said conduct, within twenty years. Nothing in 33 this section shall be construed to require that a criminal charge be 34 brought or a criminal conviction be obtained as a condition of bringing 35 a civil cause of action or receiving a civil judgment pursuant to this 36 section or be construed to require that any of the rules governing a 37 criminal proceeding be applicable to any such civil action. 38 § 8. Paragraph (b) of subdivision 8 of section 215 of the civil prac- 39 tice law and rules, as added by chapter 3 of the laws of 2006, is 40 amended to read as follows: 41 (b) Whenever it is shown that a criminal action against the same 42 defendant has been commenced with respect to the event or occurrence 43 from which a claim governed by this section arises, and such criminal 44 action is for rape in the first degree as defined in section 130.35 of 45 the penal law, or criminal sexual act in the first degree as defined in 46 section 130.50 of the penal law, or aggravated sexual abuse in the first 47 degree as defined in section 130.70 of the penal law, or course of sexu- 48 al conduct against a child in the first degree as defined in section 49 130.75 of the penal law, or predatory sexual assault as defined in 50 section 130.95 of the penal law, or predatory sexual assault against a 51 child as defined in section 130.96 of the penal law the plaintiff shall 52 have at least five years from the termination of the criminal action as 53 defined in section 1.20 of the criminal procedure law in which to 54 commence the civil action, notwithstanding that the time in which to 55 commence such action has already expired or has less than a year remain- 56 ing.A. 5605 4 1 § 9. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 2 procedure law, as amended by chapter 11 of the laws of 2019, is amended 3 to read as follows: 4 (f) For purposes of a prosecution involving a sexual offense as 5 defined in article one hundred thirty of the penal law, other than a 6 sexual offense delineated in paragraph (a) of subdivision two of this 7 section, committed against a child less than eighteen years of age, 8 incest in the first, second or third degree as defined in sections 9 255.27, 255.26 and 255.25 of the penal law committed against a child 10 less than eighteen years of age, or use of a child in a sexual perform- 11 ance as defined in section 263.05 of the penal law, [the period of limi-12tation shall not begin to run until the child has reached the age of13twenty-three or the offense is reported to a law enforcement agency or14statewide central register of child abuse and maltreatment, whichever15occurs earlier] may be commenced at any time. 16 § 10. Subdivision 4 of section 130.65 of the penal law, as amended by 17 chapter 26 of the laws of 2011, is amended to read as follows: 18 4. When the other person is less than thirteen years old and the actor 19 is [twenty-one] eighteen years old or older. 20 § 11. Paragraph (c) of subdivision 1 of section 130.67 of the penal 21 law, as added by chapter 450 of the laws of 1988, is amended and a new 22 paragraph (d) is added to read as follows: 23 (c) When the other person is less than eleven years old[.]; or 24 (d) When the other person is less than thirteen years old and the 25 actor is eighteen years old or older. 26 § 12. Paragraph (c) of subdivision 1 of section 130.70 of the penal 27 law, as amended by chapter 450 of the laws of 1988, is amended and a new 28 paragraph (d) is added to read as follows: 29 (c) When the other person is less than eleven years old[.]; or 30 (d) When the other person is less than thirteen years old and the 31 actor is eighteen years old or older. 32 § 13. Paragraph (a) of subdivision 1 of section 70.02 of the penal 33 law, as amended by chapter 189 of the laws of 2018, is amended to read 34 as follows: 35 (a) Class B violent felony offenses: an attempt to commit the class 36 A-I felonies of murder in the second degree as defined in section 37 125.25, kidnapping in the first degree as defined in section 135.25, and 38 arson in the first degree as defined in section 150.20; manslaughter in 39 the first degree as defined in section 125.20, aggravated manslaughter 40 in the first degree as defined in section 125.22, rape in the first 41 degree as defined in section 130.35, criminal sexual act in the first 42 degree as defined in section 130.50, aggravated sexual abuse in the 43 first degree as defined in section 130.70, [course of sexual conduct44against a child in the first degree as defined in section 130.75;] 45 assault in the first degree as defined in section 120.10, kidnapping in 46 the second degree as defined in section 135.20, burglary in the first 47 degree as defined in section 140.30, arson in the second degree as 48 defined in section 150.15, robbery in the first degree as defined in 49 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 50 subdivision five of section 230.34, sex trafficking of a child as 51 defined in section 230.34-a, incest in the first degree as defined in 52 section 255.27, criminal possession of a weapon in the first degree as 53 defined in section 265.04, criminal use of a firearm in the first degree 54 as defined in section 265.09, criminal sale of a firearm in the first 55 degree as defined in section 265.13, aggravated assault upon a police 56 officer or a peace officer as defined in section 120.11, gang assault inA. 5605 5 1 the first degree as defined in section 120.07, intimidating a victim or 2 witness in the first degree as defined in section 215.17, hindering 3 prosecution of terrorism in the first degree as defined in section 4 490.35, criminal possession of a chemical weapon or biological weapon in 5 the second degree as defined in section 490.40, and criminal use of a 6 chemical weapon or biological weapon in the third degree as defined in 7 section 490.47. 8 § 14. Subdivision 3 of section 70.80 of the penal law, as added by 9 chapter 7 of the laws of 2007, is amended to read as follows: 10 3. Except as provided by subdivision four, five, six, seven or eight 11 of this section, or when a defendant is being sentenced for a conviction 12 of the class A-II felonies of predatory sexual assault [and], predatory 13 sexual assault against a child, or course of sexual conduct against a 14 child in the first degree as defined in sections 130.95 [and], 130.96 15 and 130.75 of this chapter, or for any class A-I sexually motivated 16 felony for which a life sentence or a life without parole sentence must 17 be imposed, a sentence imposed upon a defendant convicted of a felony 18 sex offense shall be a determinate sentence. The determinate sentence 19 shall be imposed by the court in whole or half years, and shall include 20 as a part thereof a period of post-release supervision in accordance 21 with subdivision two-a of section 70.45 of this article. Persons eligi- 22 ble for sentencing under section 70.07 of this article governing second 23 child sexual assault felonies shall be sentenced under such section and 24 paragraph (j) of subdivision two-a of section 70.45 of this article. 25 § 15. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the 26 penal law, paragraph (b) as amended by chapter 94 of the laws of 2020 27 and paragraph (c) as amended by chapter 134 of the laws of 2019, are 28 amended to read as follows: 29 (b) Class C violent felony offenses: an attempt to commit any of the 30 class B felonies set forth in paragraph (a) of this subdivision; aggra- 31 vated criminally negligent homicide as defined in section 125.11, aggra- 32 vated manslaughter in the second degree as defined in section 125.21, 33 aggravated sexual abuse in the second degree as defined in section 34 130.67, assault on a peace officer, police officer, firefighter or emer- 35 gency medical services professional as defined in section 120.08, 36 assault on a judge as defined in section 120.09, gang assault in the 37 second degree as defined in section 120.06, strangulation in the first 38 degree as defined in section 121.13, aggravated strangulation as defined 39 in section 121.13-a, course of sexual conduct against a child in the 40 second degree as defined in section 130.80, burglary in the second 41 degree as defined in section 140.25, robbery in the second degree as 42 defined in section 160.10, criminal possession of a weapon in the second 43 degree as defined in section 265.03, criminal use of a firearm in the 44 second degree as defined in section 265.08, criminal sale of a firearm 45 in the second degree as defined in section 265.12, criminal sale of a 46 firearm with the aid of a minor as defined in section 265.14, aggravated 47 criminal possession of a weapon as defined in section 265.19, soliciting 48 or providing support for an act of terrorism in the first degree as 49 defined in section 490.15, hindering prosecution of terrorism in the 50 second degree as defined in section 490.30, and criminal possession of a 51 chemical weapon or biological weapon in the third degree as defined in 52 section 490.37. 53 (c) Class D violent felony offenses: an attempt to commit any of the 54 class C felonies set forth in paragraph (b); reckless assault of a child 55 as defined in section 120.02, assault in the second degree as defined in 56 section 120.05, menacing a police officer or peace officer as defined inA. 5605 6 1 section 120.18, stalking in the first degree, as defined in subdivision 2 one of section 120.60, strangulation in the second degree as defined in 3 section 121.12, rape in the second degree as defined in section 130.30, 4 criminal sexual act in the second degree as defined in section 130.45, 5 sexual abuse in the first degree as defined in section 130.65, [course6of sexual conduct against a child in the second degree as defined in7section 130.80,] aggravated sexual abuse in the third degree as defined 8 in section 130.66, facilitating a sex offense with a controlled 9 substance as defined in section 130.90, labor trafficking as defined in 10 paragraphs (a) and (b) of subdivision three of section 135.35, criminal 11 possession of a weapon in the third degree as defined in subdivision 12 five, six, seven, eight, nine or ten of section 265.02, criminal sale of 13 a firearm in the third degree as defined in section 265.11, intimidating 14 a victim or witness in the second degree as defined in section 215.16, 15 soliciting or providing support for an act of terrorism in the second 16 degree as defined in section 490.10, and making a terroristic threat as 17 defined in section 490.20, falsely reporting an incident in the first 18 degree as defined in section 240.60, placing a false bomb or hazardous 19 substance in the first degree as defined in section 240.62, placing a 20 false bomb or hazardous substance in a sports stadium or arena, mass 21 transportation facility or enclosed shopping mall as defined in section 22 240.63, aggravated unpermitted use of indoor pyrotechnics in the first 23 degree as defined in section 405.18, and criminal manufacture, sale, or 24 transport of an undetectable firearm, rifle or shotgun as defined in 25 section 265.50. 26 § 16. Section 130.75 of the penal law, as amended by chapter 1 of the 27 laws of 2000, paragraphs (a) and (b) of subdivision 1 as amended by 28 chapter 264 of the laws of 2003, is amended to read as follows: 29 § 130.75 Course of sexual conduct against a child or children in the 30 first degree. 31 1. A person is guilty of course of sexual conduct against a child or 32 children in the first degree when[, over a period of time not less than33three months in duration]: 34 (a) he or she engages in two or more acts of sexual conduct, which 35 includes at least one act of sexual intercourse, oral sexual conduct, 36 anal sexual conduct or aggravated sexual contact, with a child less than 37 eleven years old; or 38 (b) he or she, being eighteen years old or more, engages in two or 39 more acts of sexual conduct, which include at least one act of sexual 40 intercourse, oral sexual conduct, anal sexual conduct or aggravated 41 sexual contact, with a child less than thirteen years old[.]; or 42 (c) he or she engages in the acts defined in paragraph (a) or (b) of 43 this subdivision with two or more children. 44 2. A person may not be subsequently prosecuted for any other sexual 45 offense involving the same victim unless the other charged offense 46 occurred outside the time period charged under this section. 47 Course of sexual conduct against a child or children in the first 48 degree is a class [B] A-II felony. 49 § 17. Section 130.80 of the penal law, as amended by chapter 1 of the 50 laws of 2000, is amended to read as follows: 51 § 130.80 Course of sexual conduct against a child or children in the 52 second degree. 53 1. A person is guilty of course of sexual conduct against a child or 54 children in the second degree when[, over a period of time not less than55three months in duration]:A. 5605 7 1 (a) he or she engages in two or more acts of sexual conduct with a 2 child less than eleven years old; or 3 (b) he or she, being eighteen years old or more, engages in two or 4 more acts of sexual conduct with a child less than thirteen years old; 5 or 6 (c) he or she engages in the acts defined in paragraph (a) or (b) of 7 this subdivision with two or more children. 8 2. A person may not be subsequently prosecuted for any other sexual 9 offense involving the same victim unless the other charged offense 10 occurred outside the time period charged under this section. 11 Course of sexual conduct against a child or children in the second 12 degree is a class [D] C felony. 13 § 18. Section 130.53 of the penal law, as amended by chapter 192 of 14 the laws of 2014, is amended to read as follows: 15 § 130.53 Persistent sexual abuse. 16 A person is guilty of persistent sexual abuse when he or she commits 17 the crime of forcible touching, as defined in section 130.52 of this 18 article, sexual abuse in the third degree, as defined in section 130.55 19 of this article, or sexual abuse in the second degree, as defined in 20 section 130.60 of this article, or sexual misconduct, as defined in 21 section 130.20 of this article, and, within the previous ten year peri- 22 od, excluding any time during which such person was incarcerated for any 23 reason, has been convicted two or more times, in separate criminal tran- 24 sactions for which sentence was imposed on separate occasions, of forci- 25 ble touching, as defined in section 130.52 of this article, sexual abuse 26 in the third degree as defined in section 130.55 of this article, sexual 27 abuse in the second degree, as defined in section 130.60 of this arti- 28 cle, or any offense defined in this article, of which the commission or 29 attempted commission thereof is a felony. 30 Persistent sexual abuse is a class E felony. 31 § 19. Section 10.00 of the penal law is amended by adding a new subdi- 32 vision 23 to read as follows: 33 23. For the purposes of section 125.25 of this chapter, the term 34 "depraved indifference to human life" means where the defendant, 35 although not intending to cause death, recklessly engages in a course of 36 fatal conduct which creates a grave risk of death to another person and 37 indicates indifference for the value of human life. Recklessness shall 38 be assessed objectively by the circumstances or factual setting in which 39 the crime occurred. 40 § 20. This act shall take effect on the first of November next 41 succeeding the date on which it shall have become a law, provided that: 42 1. section six of this act shall apply to offenses committed on and 43 after such date as well as to offenses committed prior thereto, provided 44 that such section six of this act shall not apply to offenses committed 45 prior to such date on which the prosecution thereof was barred under the 46 provisions of section 30.10 of the criminal procedure law in effect 47 immediately prior to such date; and 48 2. sections seven and eight of this act shall apply to acts committed 49 on and after such date as well as to acts committed prior thereto, 50 provided that such section seven of this act shall not apply to acts 51 committed prior to such date where the commencement of an action thereon 52 was barred under the provisions of article 2 of the civil practice law 53 and rules in effect immediately prior to such date.
