Bill Text: NY A11345 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 11345 (Prior Session Legislation)

Introduced

Bill Title: Establishes crime of endangering the welfare of a child by exposing them to controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-06-03 - referred to codes [A11345 Detail]

Download: New_York-2009-A11345-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         11345
                                 I N  A S S E M B L Y
                                     June 3, 2010
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. P. Rivera)
         -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to endangering the welfare of
         a child by exposing them to controlled substances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 260.35 to
    2  read as follows:
    3  S 260.35 ENDANGERING THE WELFARE OF A CHILD BY  EXPOSURE  TO  CONTROLLED
    4             SUBSTANCES.
    5    A  PARENT,  LEGAL GUARDIAN OR CAREGIVER WHO ENDANGERS A CHILD'S PERSON
    6  OR HEALTH BY KNOWINGLY CAUSING OR PERMITTING A CHILD LESS THAN SEVENTEEN
    7  YEARS OLD TO BE PRESENT WHERE  ANY  PERSON  IS  SELLING,  MANUFACTURING,
    8  POSSESSING  THE  IMMEDIATE  PRECURSORS  OR  CHEMICAL SUBSTANCES WITH THE
    9  INTENT TO MANUFACTURE OR POSSESS A CONTROLLED SUBSTANCE, AS  DEFINED  IN
   10  THIS  CHAPTER,  IS  GUILTY OF CHILD ENDANGERMENT AND MAY BE SENTENCED TO
   11  IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR PAYMENT OF A FINE OF NOT MORE
   12  THAN THREE THOUSAND DOLLARS, OR BOTH. IF  THE  ENDANGERMENT  RESULTS  IN
   13  SUBSTANTIAL  HARM TO A CHILD'S PHYSICAL, MENTAL OR EMOTIONAL HEALTH, THE
   14  PERSON MAY BE SENTENCED TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS  OR
   15  PAYMENT OF A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH.
   16    ENDANGERING   THE  WELFARE  OF  A  CHILD  BY  EXPOSURE  TO  CONTROLLED
   17  SUBSTANCES IS A CLASS A MISDEMEANOR.
   18    S 2. This act shall take effect on the ninetieth day  after  it  shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16898-01-0