Summary#
A-11664, officially titled “Joycelynn’s Law,” would amend New York’s Penal Law by adding two crimes. Its stated goal is to create aggravated offenses for seriously endangering a child and for doing so when the child dies. The bill was introduced and referred to the Assembly Codes Committee; it is not law, and passage is uncertain.
- A parent or other person responsible for a child under 17 could be guilty of a new Class C felony if, with criminal negligence, they act or fail to act in a way likely to cause specified serious harm.
- The listed harms include protracted illness, physical or serious physical injury, death, or protracted developmental, psychological, or emotional impairment.
- The bill says criminal negligence includes, but is not limited to, failing to provide adequate food, clothing, shelter, education, or specified medical care when financially able or offered reasonable means to do so.
- It also lists failures of proper supervision or guardianship, including allowing harm or a substantial risk of harm, excessive corporal punishment, and misuse of prescribed drugs or alcohol.
- If the person commits the new endangerment offense and thereby causes the child’s death, the bill would create a separate Class A-I felony. It says either offense would not prevent a charge requiring proof of recklessness or depraved indifference, where appropriate.
What it means for you#
- Parents and other caregivers: The bill would expose a caregiver to these new felony charges if the listed legal conditions are met. The examples of neglect are not an exhaustive list.
- Children under 17: The offenses would cover children in that age group who are in the care of a parent or other responsible person.
- People accused under the new offenses: The bill creates crimes and felony classifications, but does not set out case procedures, sentencing details, or defenses.
- General public: The bill creates criminal offenses, not a new child-care service, benefit, or reporting system.
Money#
No cost estimate is provided in the available material. No publicly available information.
- The bill creates felony offenses but does not state the expected effect on prosecution, court, or incarceration costs.
- It does not set out a new appropriation, fee, or fine.
What is unclear#
- The bill does not define terms such as “protracted” or “a similarly serious nature requiring the aid of the court.”
- It does not explain how the examples of criminal negligence would be applied alongside the requirement that the conduct be likely to cause one of the listed harms.
- It does not provide details about investigation, charging, oversight, or how these offenses would interact with existing offenses.
- The existing Penal Law was not supplied, so the current law and how these new offenses would change or overlap with it could not be verified.
Case for#
- The bill appears intended to address serious harm to children caused by a caregiver’s negligent act or failure to act.
- A possible argument for the bill is that naming specific forms of inadequate care and supervision could make clear that severe neglect can lead to serious criminal charges.
- The separate offense for cases where the child dies distinguishes those cases from endangerment that does not result in death.
Case against#
- One concern is that key terms and the boundary of “criminal negligence” are not fully explained in the bill, which could leave important questions for courts to resolve.
- The bill creates serious felony offenses but does not explain how they would interact with existing charges; it expressly allows other charges in some cases.
- The bill does not provide cost estimates or explain how prosecutors and courts would handle the new offenses.