senate Bill S2481A

Relates to the custody and visitation rights of a sex offender

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 03 / May / 2011
    • 1ST REPORT CAL.532
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 18 / Apr / 2012
    • 1ST REPORT CAL.543
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING 2481A
  • 18 / Jun / 2012
    • PASSED SENATE
  • 18 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2012
    • REFERRED TO CORRECTION

Summary

Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.

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Bill Details

See Assembly Version of this Bill:
A3548A
Versions:
S2481
S2481A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A3217, A9364, S1687, A3217, A9364, S1687
2007-2008: A1364, A1364
2011-2012: S2481A

Sponsor Memo

BILL NUMBER:S2481A

TITLE OF BILL:

An act
to amend the correction law, in relation to custody and visitation
rights of a sex offender

SUMMARY OF PROVISIONS:

Section one of the bill amends Article 6-C of the Correction Law by
re-designating § 168-w as §168-x and adding a new §168-w to prohibit
any sex offender designated as a sexual predator, or a sexually
violent offender, or classified as a level three risk, for a crime
involving a child shall be, except in extraordinary circumstances,
prohibited from being granted by a court physical or legal custody
of, or unsupervised visitation with a child.

The bill further amends the law by adding to the new
Section 168-w a presumption of ineligibility of any sex offender
classified as a level three risk from being granted physical or legal
custody of, or unsupervised visitation with, a child unless the sex
offender has provided clear and convincing evidence that it would be
in the best interest of the child.

JUSTIFICATION:

The children of sex offenders, perhaps most of all, are at the
greatest risk for abuse and deserve the significant protections that
would come from denying a sex offender-parent custody or unsupervised
visitation.
Sexual offenders designated level three risk, sexual predator and
sexually violent offender for crimes involving a child, shall be
prohibited from being granted custody or visitation, except in
extraordinary circumstances.
All other level three sex offenders shall be presumed ineligible for
custody or visitation unless the sex offender presents clear and
convincing evidence that it would be in the best interest of the child.

FISCAL IMPLICATIONS:

None.

PRIOR LEGISLATIVE HISTORY:

2003-04: Senate 3rd Reading Cal./Assembly Corrections Cmte.
2005-06: Senate Crime Victims, Crime & Corrections Cmte./Assembly
Corrections Cmte.
2007-08: Senate Crime Victims, Crime & Corrections Cmte./Assembly
Corrections Cmte.
2009-10: Reported and Committed to Codes Cmte./Assembly Corrections
Committee

EFFECTIVE DATE:


This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                 2481--A
    Cal. No. 543

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sens.  FLANAGAN,  RANZENHOFER  -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction -- recommitted to the Committee on Crime
  Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the correction law, in relation to custody  and  visita-
  tion rights of a sex offender

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
section 168-w is added to read as follows:
  S 168-W. CUSTODY AND VISITATION RIGHTS. 1. ANY SEX OFFENDER DESIGNATED
AS A SEXUAL PREDATOR, OR A SEXUALLY VIOLENT OFFENDER, OR CLASSIFIED AS A
LEVEL  THREE  RISK,  FOR  A  CRIME INVOLVING A CHILD SHALL BE, EXCEPT IN
EXTRAORDINARY CIRCUMSTANCES, PROHIBITED FROM BEING GRANTED  BY  A  COURT
PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD.
  2. ANY SEX OFFENDER CLASSIFIED AS A LEVEL THREE RISK SHALL BE PRESUMED
TO BE INELIGIBLE TO BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPER-
VISED  VISITATION  WITH,  A  CHILD,  AND A COURT SHALL GRANT PHYSICAL OR
LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD ONLY  IF  THE
SEX  OFFENDER  HAS  PROVIDED CLEAR AND CONVINCING EVIDENCE THAT GRANTING
SUCH CUSTODY OR VISITATION WILL BE IN THE BEST INTEREST OF THE CHILD.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07726-02-2

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