Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Oct 26, 2012 |
referred to rules |
Senate Bill S7861
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
co-Sponsors
(D, WF) 21st Senate District
2011-S7861 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§240 & 70, Dom Rel L; amd §651, Fam Ct Act; amd §60.27, Pen L
- Versions Introduced in 2013-2014 Legislative Session:
-
S3006
2011-S7861 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7861 TITLE OF BILL: An act to amend the domestic relations law, the family court act and the penal law, in relation to denying custody of a child to a parent convicted of rape SUMMARY OF SPECIFIC PROVISIONS: The bill seeks to ensure that no court shall award custody to a parent who has been convicted of violating section 130.25 (rape in the third degree), 130.30 (rape in the second degree), or 130.35 (rape in the first degree) of the penal law, where the child that such parent seeks custody or visitation of was conceived as a result of such rape. The bill amends Section 60.27 of the penal law by adding a new subdivi- sion 15 that provides that the person convicted of rape in the third degree, second degree, or first degree as defined in the sections of the chapter wherein a child is conceived and delivered as a result of such rape, the court will, in addition to any sentencing, order restitution to the victim in an amount that shall provide for the child until such child achieves the age of twenty-one years. EXISTING LAW:
2011-S7861 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7861 I N S E N A T E October 26, 2012 ___________ Introduced by Sens. ADAMS, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the domestic relations law, the family court act and the penal law, in relation to denying custody of a child to a parent convicted of rape THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 240 of the domestic relations law, as added by section 103 of chapter 398 of the laws of 1997, is renum- bered subdivision 6 and a new subdivision 7 is added to read as follows: 7. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW TO THE CONTRARY, NO COURT SHALL AWARD CUSTODY TO A PARENT WHO HAS BEEN CONVICTED OF VIOLAT- ING SECTION 130.25 (RAPE IN THE THIRD DEGREE), 130.30 (RAPE IN THE SECOND DEGREE), OR 130.35 (RAPE IN THE FIRST DEGREE) OF THE PENAL LAW, WHERE THE CHILD THAT SUCH PARENT SEEKS CUSTODY OR VISITATION OF WAS CONCEIVED AS A RESULT OF SUCH RAPE. S 2. Subdivision (a) of section 70 of the domestic relations law, as amended by chapter 457 of the laws of 1988, is amended to read as follows: (a) Where a minor child is residing within this state, either parent may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the natural guardianship, charge and custody of such child to either parent for such time, under such regulations and restrictions, and with such provisions and directions, as the case may require, and may at any time thereafter vacate or modify such order. In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly SUBJECT, HOWEVER, TO THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY OF THIS CHAPTER. S 3. Subdivisions (a), (b) and (c) of section 651 of the family court act, subdivisions (a) and (c) as amended by chapter 85 of the laws of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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