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A04558 Summary:

BILL NOA04558
 
SAME ASSAME AS S00680
 
SPONSORKearns
 
COSPNSRSimanowitz, Lavine, Lawrence, Morinello, Giglio, Raia, Jaffee, Niou, Abbate, Blake, DiPietro, Walter
 
MLTSPNSRBlankenbush, Cook, Crouch, Hawley, Hooper, Hyndman, Lopez, Magee, Miller B, Miller ML, Ortiz
 
Amd 371, Soc Serv L; amd 1012, Fam Ct Act
 
Relates to the definition of "abused child".
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A04558 Floor Votes:

There are no votes for this bill in this legislative session.
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A04558 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4558
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2017
                                       ___________
 
        Introduced  by M. of A. KEARNS -- Multi-Sponsored by -- M. of A. CROUCH,
          HOOPER, ORTIZ -- read once and referred to the Committee  on  Children
          and Families
 
        AN  ACT  to  amend  the social services law and the family court act, in
          relation to the definition of "abused child"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 4-b of section 371 of the social services law,
     2  as added by chapter 782 of the laws of 1971, the  opening  paragraph  as
     3  amended  by  chapter  518  of  the  laws  of 1977, is amended to read as
     4  follows:
     5    4-b. "Abused child" means a child less  than  eighteen  years  of  age
     6  whose parent or other person legally responsible for his care
     7    (i) inflicts or allows to be inflicted upon such child physical injury
     8  by  other  than  accidental  means which causes or creates a substantial
     9  risk of death, or serious or  protracted  disfigurement,  or  protracted
    10  impairment of physical or emotional health or protracted loss or impair-
    11  ment  of the function of any bodily organ, or the impairment of physical
    12  condition or substantial pain, or
    13    (ii) creates or allows to be created a substantial  risk  of  physical
    14  injury to such child by other than accidental means which would be like-
    15  ly  to cause death or serious or protracted disfigurement, or protracted
    16  impairment of physical or emotional health or protracted loss or impair-
    17  ment of the function of any bodily organ, or the impairment of  physical
    18  condition or substantial pain, or
    19    (iii)  commits,  or  allows  to  be  committed, an act of sexual abuse
    20  against such child as defined in the penal law[.], or
    21    (iv) allows, permits or encourages such child to  engage  in  any  act
    22  described in sections 230.25, 230.30 and 230.32 of the penal law, or
    23    (v)  commits  any of the acts described in sections 255.25, 255.26 and
    24  255.27 of the penal law, or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04514-01-7

        A. 4558                             2
 
     1    (vi) allows such child to engage in acts or conduct described in arti-
     2  cle two hundred sixty-three of the penal law provided, however, that (a)
     3  the corroboration requirements contained in the penal law  and  (b)  the
     4  age  requirement  for the application of article two hundred sixty-three
     5  of such law shall not apply to proceedings under this article.
     6    § 2. Subdivision e of section 1012 of the family court act, as amended
     7  by chapter 7 of the laws of 1999 and paragraph (iii) as amended by chap-
     8  ter 320 of the laws of 2006, is amended to read as follows:
     9    (e) "Abused child" means a child less than eighteen years of age whose
    10  parent or other person legally responsible for his care
    11    (i) inflicts or allows to be inflicted upon such child physical injury
    12  by  other  than  accidental  means which causes or creates a substantial
    13  risk of death, or serious or  protracted  disfigurement,  or  protracted
    14  impairment of physical or emotional health or protracted loss or impair-
    15  ment  of the function of any bodily organ, or the impairment of physical
    16  condition or substantial pain, or
    17    (ii) creates or allows to be created a substantial  risk  of  physical
    18  injury to such child by other than accidental means which would be like-
    19  ly  to cause death or serious or protracted disfigurement, or protracted
    20  impairment of physical or emotional health or protracted loss or impair-
    21  ment of the function of any bodily organ, or the impairment of  physical
    22  condition or substantial pain, or
    23    (iii) commits, or allows to be committed an offense against such child
    24  defined in article one hundred thirty of the penal law[;], or
    25    (iv)  allows,  permits  or  encourages such child to engage in any act
    26  described in sections 230.25, 230.30 and 230.32 of the penal law[;], or
    27    (v) commits any of the acts described in sections 255.25,  255.26  and
    28  255.27 of the penal law[;], or
    29    (vi) allows such child to engage in acts or conduct described in arti-
    30  cle two hundred sixty-three of the penal law provided, however, that (a)
    31  the  corroboration  requirements  contained in the penal law and (b) the
    32  age requirement for the application of article two  hundred  sixty-three
    33  of such law shall not apply to proceedings under this article.
    34    § 3. This act shall take effect immediately.
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