Senate Bill S2208

2011-2012 Legislative Session

Establishes the crimes of endangering the welfare of a child in the first and second degrees, a class E felony and a class A misdemeanor, respectively

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Jan 18, 2011	referred to codes

2011-S2208 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§260.10 & 260.15, ren §260.11 to be §260.12, add §260.11, Pen L
Versions Introduced in 2009-2010 Legislative Session:: S2007

2011-S2208 (ACTIVE) - Summary

Establishes the crimes of endangering the welfare of a child in the first and second degrees, a class E felony and a class A misdemeanor, respectively; provides a defense and that arrest is not necessary for the second degree crime when the conduct is justifiable.

2011-S2208 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2208

TITLE OF BILL:
An act
to amend the penal law, in relation to endangering the welfare of a
child

PURPOSE:
To create the new felony offense Endangering the Welfare of a Child in
the First Degree and strengthen existing law relative to crimes
committed against children.

SUMMARY OF PROVISIONS:
Section one of the bill would name the bill "Laura Mae's Law."

Section two of the bill reclassifies the existing crime of Endangering
the Welfare of a Child, under Penal Law Section 260.10, and
designates it as Endangering the Welfare of a Child in the second
degree and adds a new subdivision 3 which makes it a crime to commit
an act of violence against another person by a parent or person
legally responsible for the care and custody of the child, in front
of such child.

Section three of the bill renumbers the existing Penal Law section
260.11 as 260.12.

Section four of the bill adds a new section 260.11 creating the crime
of Endangering the Welfare of a Child in the first degree.
Subdivision one will penalize an individual who acts in a manner
likely to be injurious to the physical, mental, emotional or moral
welfare of a child less than 13 years old. Subdivision two will
penalize an individual who commits Endangering the Welfare of a Child
in the second degree where the child involved suffers a physical
injury, serious physical injury or death.
Subdivision three will penalize an individual who commits Endangering
the Welfare of a Child in the Second Degree where the person
committing the offense has previously been convicted of one of an
enumerated list of offenses. Endangering the Welfare of a Child in
the first degree is a class E felony.

Section five of the bill amends Penal Law section 260.15, which
relates to Endangering the Welfare of a Child defenses, to now
include a reference to both Endangering the Welfare of a Child in the
second and first degree.

Section six of the bill provides that it takes effect on the first of
November following enactment.

EXISTING LAW:
Penal Law section 260.10, Endangering the Welfare of a Child, is a
class A misdemeanor and punishes a person who acts in a manner likely
to be injurious to the physical, mental, emotional or moral welfare
of a child less than 17 years old, or is a parent or guardian who
fails or refuses to exercise reasonable control to prevent the child
from becoming an abused, neglected child or a juvenile delinquent or
person in need of supervision.


STATEMENT IN SUPPORT:
Child abuse can be committed by a stranger or a family member and it
occurs in all environments, including the home, schools, churches,
mentoring organizations and day care centers. Child abuse can be
physical, mental, emotional or even sexual. In New York State, 80,000
children are the victims of abuse and neglect each year. In many
ways, it is the most heinous crime faced by society because it is
perpetrated on the most defenseless segment of our population, often
by the very people who should be protecting them. These young victims
may suffer in silence, frequently over a period of time, due to fear
of retaliation, confusion or embarrassment and guilt over the
attacks. The physical and emotional harm that these children endure
causes scars that cannot easily be healed.

The law has long recognized the need to protect children through the
Endangering the Welfare of a child statute. In recent years highly
publicized cases have focused attention on the unfortunate reality
that all too often the abuse is extremely cruel or heinous in
character, and yet lacks a manifest physical injury. For example,
children in this state have been locked in closets, starved, scalded,
forced to eat their own feces and yet this conduct has only resulted
in the perpetrator being punished as a misdemeanor. The law should be
amended to recognize that certain behavior, which may not be able to
be prosecuted as a felony assault or a homicide offense, nonetheless
should be punished at a felony level. The bill creates a new first
degree class E felony endangering statute which will appropriately
penalize these individuals.

In 1996, Governor Pataki appointed the Commission on Domestic Violence
Fatalities and charged them with the responsibility of investigating
select domestic violence fatalities and recommending preventive and
protective strategies, guidelines, and legislation to reduce the
incidence of domestic violence. Among the recommendations made by the
Commission in its final report was a call to amend the Penal Law to
provide that the commission of an act of violence against another
person by a parent or person legally responsible for the care and
custody of the child, in front of such child, should be sufficient
basis to constitute the crime of endangering the welfare of a child.
The cases studied by the Commission showed a direct and immediate
link between domestic violence and child abuse. Of the 57 cases in
the study, 36 of the victims (63%) had children and of the 36 victims
with children, in 24 (67%) cases, at least one child was physically
present at the time of the homicide. Further, in four of these cases,
two children were killed and three were physically injured.

Clearly, children in homes where domestic violence occurs face a
greater risk that their emotional, physical and mental development
will be harmed. Studies indicate that children who witness domestic
violence
exhibit more aggressive behavior, depression, anxiety, low self-esteem
and low cognitive, verbal and motor skills. In one study, the medical
records of mothers of child abuse victims showed a high percentage
(59.4%) of reports or indications of domestic violence. The
inextricable link between domestic violence and child abuse and the
increased chances that children who witness domestic violence will
suffer physically and emotionally emphasizes the need for the


inclusion of such behavior in Endangering the Welfare of a child in
the second degree as proposed in this legislation.

Society as a whole must recognize the potential dangers faced by our
children and take the necessary steps to protect their future. In
order to ensure that the law provides the highest level of protection
possible to child abuse victims, the enactment of this legislation is
critical.

LEGISLATIVE HISTORY:
S.2034: 2007-08 - Referred to Codes, Passed Senate
S.2007: 2009-10 - Referred to Codes

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1 next succeeding passage.

2011-S2208 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2208

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to endangering the welfare of
  a child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   This act shall be known and may be cited as "Laura Mae's
Law".
  S 2. Section 260.10 of the penal law, as amended by chapter 447 of the
laws of 2010, is amended to read as follows:
S 260.10 Endangering the welfare of a child IN THE SECOND DEGREE.
  A person is guilty of endangering the welfare of a child IN THE SECOND
DEGREE when:
  1. He or she knowingly acts in a manner likely to be injurious to  the
physical, mental, EMOTIONAL or moral welfare of a child less than seven-
teen years old or directs or authorizes such child to engage in an occu-
pation  involving  a  substantial  risk  of  danger  to [his or her] THE
CHILD'S life or health; or
  2. Being a parent, guardian or other person legally charged  with  the
care or custody of a child less than eighteen years old, he or she fails
or refuses to exercise reasonable diligence in the control of such child
to  prevent  him  or  her  from becoming an "abused child," a "neglected
child," a "juvenile delinquent" or a "person in need of supervision," as
those terms are defined in articles ten, three and seven of  the  family
court act[.]; OR
  3.   BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
CARE OR CUSTODY OF A CHILD LESS THAN  EIGHTEEN  YEARS  OLD,  HE  OR  SHE
INTENTIONALLY  CAUSES,  OR ATTEMPTS TO CAUSE, PHYSICAL INJURY TO ANOTHER
PERSON WHILE IN THE PRESENCE OF SUCH CHILD.  NOTHING CONTAINED  IN  THIS
SUBDIVISION  SHALL  BE DEEMED TO REQUIRE THE ARREST OF ANY PERSON WHEN A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04636-01-1

S. 2208                             2

POLICE OFFICER REASONABLY BELIEVES THE PERSON'S CONDUCT  IS  JUSTIFIABLE
UNDER ARTICLE THIRTY-FIVE OF THIS CHAPTER; OR
  4. A person is not guilty of the provisions of this section when he or
she  engages  in  the  conduct  described  in subdivision one of section
260.00 of this article: (a) with the intent to wholly abandon the  child
by relinquishing responsibility for and right to the care and custody of
such  child;  (b)  with  the intent that the child be safe from physical
injury and cared for in an appropriate manner; (c)  the  child  is  left
with an appropriate person, or in a suitable location and the person who
leaves  the child promptly notifies an appropriate person of the child's
location; and (d) the child is not more than thirty days old.
  Endangering the welfare of a child IN THE SECOND DEGREE is a  class  A
misdemeanor.
  S 3. Section 260.11 of the penal law is renumbered section 260.12.
  S  4.  The penal law is amended by adding a new section 260.11 to read
as follows:
S 260.11 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE  FIRST
DEGREE  WHEN HE OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A
CHILD IN THE SECOND DEGREE AND:
  1. SUCH CHILD IS LESS THAN THIRTEEN YEARS OLD; OR
  2. SUCH CHILD SUFFERED PHYSICAL INJURY,  SERIOUS  PHYSICAL  INJURY  OR
DEATH; OR
  3.  HE  OR  SHE  HAS BEEN PREVIOUSLY CONVICTED OF ANY OF THE FOLLOWING
CRIMES: ENDANGERING THE WELFARE OF A  CHILD  IN  THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  260.10;  ENDANGERING THE WELFARE OF A CHILD IN THE
FIRST DEGREE AS DEFINED IN THIS  SECTION;  ABANDONMENT  OF  A  CHILD  AS
DEFINED  IN  SECTION  260.00; RECKLESS ASSAULT OF A CHILD BY A CHILD DAY
CARE PROVIDER AS DEFINED IN SECTION 120.01; ASSAULT IN THE SECOND DEGREE
AS DEFINED IN SUBDIVISION EIGHT OR NINE OF  SECTION  120.05;  AGGRAVATED
ASSAULT  UPON  A PERSON LESS THAN ELEVEN YEARS OLD AS DEFINED IN SECTION
120.12; MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION  FOUR
OF SECTION 125.20; MURDER IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
FOUR  OF SECTION 125.25; RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 130.25; RAPE IN THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 130.30; RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION THREE
OR  FOUR  OF  SECTION 130.35; CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION TWO OF SECTION 130.40; CRIMINAL SEXUAL ACT IN THE
SECOND DEGREE AS DEFINED IN SECTION 130.45; CRIMINAL SEXUAL ACT  IN  THE
FIRST  DEGREE AS DEFINED IN SUBDIVISION THREE OR FOUR OF SECTION 130.50;
PERSISTENT SEXUAL ABUSE AS DEFINED IN SECTION 130.53;  SEXUAL  ABUSE  IN
THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 130.60; SEXU-
AL  ABUSE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION
130.65; AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED IN  PARA-
GRAPH  (C)  OF  SUBDIVISION  ONE  OR  SUBDIVISION TWO OF SECTION 130.66;
AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN PARAGRAPH (C)
OF SUBDIVISION ONE OF SECTION 130.67; AGGRAVATED  SEXUAL  ABUSE  IN  THE
FIRST  DEGREE  AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION
130.70; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE  AS
DEFINED  IN  SECTION 130.75; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN
THE SECOND DEGREE AS DEFINED IN SECTION 130.80;  DISSEMINATING  INDECENT
MATERIAL  TO  MINORS  IN THE SECOND DEGREE AS DEFINED IN SECTION 235.21;
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED
IN SECTION 235.22; USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED  IN
SECTION  263.05;  PROMOTING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS
DEFINED IN SECTION 263.10; POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A

S. 2208                             3

CHILD AS DEFINED IN SECTION 263.11; PROMOTING A SEXUAL PERFORMANCE BY  A
CHILD AS DEFINED IN SECTION 263.15; POSSESSING A SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.16; OR A SIMILAR OFFENSE AGAINST A CHILD
IN ANY OTHER JURISDICTION.
  ENDANGERING  THE  WELFARE  OF A CHILD IN THE FIRST DEGREE IS A CLASS E
FELONY.
  S 5. Section 260.15 of the penal law, as amended by chapter 447 of the
laws of 2010, is amended to read as follows:
S 260.15 Endangering the welfare of a child; defense.
  In any prosecution for endangering the welfare of a child, pursuant to
section 260.10 OR 260.11 of this article, based upon an alleged  failure
or  refusal to provide proper medical care or treatment to an ill child,
it is an affirmative defense that the defendant (a) is a parent, guardi-
an or other person legally charged with the  care  or  custody  of  such
child;  and  (b) is a member or adherent of an organized church or reli-
gious group the tenets of which prescribe prayer as the principal treat-
ment for illness; and (c) treated or caused such ill child to be treated
in accordance with such tenets.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2208

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S2208 (ACTIVE) - Details

2011-S2208 (ACTIVE) - Summary

2011-S2208 (ACTIVE) - Sponsor Memo

2011-S2208 (ACTIVE) - Bill Text download pdf

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2011-S2208 (ACTIVE) - Details

2011-S2208 (ACTIVE) - Summary

2011-S2208 (ACTIVE) - Sponsor Memo

2011-S2208 (ACTIVE) - Bill Text download pdf

Comments