Bill Text: NY S06342 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the infliction of excessive corporal punishment on a child.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-15 - REFERRED TO CHILDREN AND FAMILIES [S06342 Detail]

Download: New_York-2013-S06342-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6342                                                  A. 8428
                             S E N A T E - A S S E M B L Y
                                   January 15, 2014
                                      ___________
       IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
         ed,  and when printed to be committed to the Committee on Children and
         Families
       IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
         referred to the Committee on Children and Families
       AN  ACT  to  amend  the family court act and the social services law, in
         relation to the infliction of excessive corporal punishment on a child
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph (iii) of subdivision (e) of section 1012 of the
    2  family court act, as amended by chapter 320 of  the  laws  of  2006,  is
    3  amended and a new paragraph (iv) is added to read as follows:
    4    (iii) commits, or allows to be committed an offense against such child
    5  defined  in article one hundred thirty of the penal law; allows, permits
    6  or encourages such child to engage in  any  act  described  in  sections
    7  230.25,  230.30  and  230.32  of  the penal law; commits any of the acts
    8  described in sections 255.25, 255.26 and 255.27 of  the  penal  law;  or
    9  allows  such child to engage in acts or conduct described in article two
   10  hundred sixty-three of the penal law provided,  however,  that  (a)  the
   11  corroboration  requirements  contained  in the penal law and (b) the age
   12  requirement for the application of article two  hundred  sixty-three  of
   13  such law shall not apply to proceedings under this article[.], OR
   14    (IV)  INFLICTS OR ALLOWS TO BE INFLICTED EXCESSIVE CORPORAL PUNISHMENT
   15  UPON SUCH CHILD.
   16    S 2. Subparagraph (B) of paragraph (i) of subdivision (f)  of  section
   17  1012  of  the family court act, as amended by chapter 984 of the laws of
   18  1981, is amended to read as follows:
   19    (B) in providing the child with proper supervision or guardianship, by
   20  unreasonably inflicting or allowing to be inflicted harm, or a  substan-
   21  tial  risk  thereof[,  including  the  infliction  of excessive corporal
   22  punishment]; or by misusing a drug or drugs; or  by  misusing  alcoholic
   23  beverages to the extent that he loses self-control of his actions; or by
   24  any  other  acts  of a similarly serious nature requiring the aid of the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13153-01-3
       S. 6342                             2                            A. 8428
    1  court; provided, however, that where the respondent is  voluntarily  and
    2  regularly  participating  in a rehabilitative program, evidence that the
    3  respondent has repeatedly misused a drug or drugs or alcoholic beverages
    4  to the extent that he loses self-control of his actions shall not estab-
    5  lish  that  the  child  is  a neglected child in the absence of evidence
    6  establishing that the child's physical, mental  or  emotional  condition
    7  has  been  impaired or is in imminent danger of becoming impaired as set
    8  forth in paragraph (i) of this subdivision; or
    9    S 3. Subparagraph (B) of paragraph (i) of subdivision 4-a  of  section
   10  371 of the social services law, as amended by chapter 984 of the laws of
   11  1981, is amended to read as follows:
   12    (B) in providing the child with proper supervision or guardianship, by
   13  unreasonably  inflicting or allowing to be inflicted harm, or a substan-
   14  tial risk thereof[,  including  the  infliction  of  excessive  corporal
   15  punishment];  or  by  misusing a drug or drugs; or by misusing alcoholic
   16  beverages to the extent that he loses self-control of his actions; or by
   17  any other acts of a similarly serious nature requiring the  aid  of  the
   18  court;  provided,  however, that where the respondent is voluntarily and
   19  regularly participating in a rehabilitative program, evidence  that  the
   20  respondent has repeatedly misused a drug or drugs or alcoholic beverages
   21  to the extent that he loses self-control of his actions shall not estab-
   22  lish  that  the  child  is  a neglected child in the absence of evidence
   23  establishing that the child's physical, mental  or  emotional  condition
   24  has  been  impaired or is in imminent danger of becoming impaired as set
   25  forth in paragraph (i) of this subdivision; or
   26    S 4. Paragraph (iii) of subdivision 4-b of section 371 of  the  social
   27  services  law,  as  added by chapter 782 of the laws of 1971, is amended
   28  and a new paragraph (iv) is added to read as follows:
   29    (iii) commits, or allows to be  committed,  an  act  of  sexual  abuse
   30  against such child as defined in the penal law[.], OR
   31    (IV)  INFLICTS OR ALLOWS TO BE INFLICTED EXCESSIVE CORPORAL PUNISHMENT
   32  UPON SUCH CHILD.
   33    S 5. This act shall take effect immediately.