S T A T E   O F   N E W   Y O R K
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                                 7188--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2013
                               ___________

Introduced  by M. of A. PAULIN, TITUS, MORELLE, LAVINE, TITONE, SIMOTAS,
  BUCHWALD, FAHY, JAFFEE, WEPRIN, ZEBROWSKI, GABRYSZAK, GALEF,  GUNTHER,
  HEVESI,  MAGNARELLI,  MAISEL,  MILLMAN,  OTIS,  RIVERA, ROBERTS, ROSA,
  ROSENTHAL, SCARBOROUGH, SEPULVEDA, SIMANOWITZ, STIRPE, GIBSON,  STECK,
  HOOPER  --  Multi-Sponsored  by -- M. of A. ABINANTI, ARROYO, BARCLAY,
  CLARK, COOK, CORWIN,  CROUCH,  DUPREY,  FITZPATRICK,  HIKIND,  JACOBS,
  KEARNS,  P. LOPEZ,  MAGEE,  McDONOUGH,  McLAUGHLIN, MONTESANO, MOSLEY,
  PALMESANO, PERRY, ROBINSON, SCHIMMINGER, SKARTADOS,  SWEENEY  --  read
  once   and  referred  to  the  Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the domestic relations law and the social services  law,
  in  relation to visitation and custody rights of a parent convicted of
  sexual assault

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

  Section  1.  Subdivision  1-c of section 240 of the domestic relations
law, as added by chapter 150 of the  laws  of  1998,  paragraph  (a)  as
amended  by chapter 378 of the laws of 1999 and paragraph (c) as amended
by chapter 41 of the laws of 2010, is amended to read as follows:
  1-c. (a) Notwithstanding any other provision of this  chapter  to  the
contrary,  no  court  shall  make  an  order providing for visitation or
custody to a person who has been convicted of murder  in  the  first  or
second  degree  in  this  state,  or  convicted of an offense in another
jurisdiction which, if committed in this state, would constitute  either
murder  in  the  first  or  second degree, of a parent, legal custodian,
legal guardian, sibling, half-sibling or step-sibling of any  child  who
is  the  subject  of the proceeding. Pending determination of a petition
for visitation or custody, such child shall  not  visit  and  no  person
shall  visit with such child present, such person who has been convicted
of murder in the first or second degree in this state, or  convicted  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10487-04-3
              

A. 7188--A                          2

and  offense  in another jurisdiction which, if committed in this state,
would constitute either murder in the  first  or  second  degree,  of  a
parent,  legal custodian, legal guardian, sibling, half-sibling or step-
sibling  of  a  child  who  is the subject of the proceeding without the
consent of such child's custodian or legal guardian.
  (b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
RY, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT IT IS NOT IN  THE  BEST
INTERESTS OF THE CHILD TO BE PLACED IN THE CUSTODY OF OR TO VISIT WITH A
PERSON  WHO  HAS  BEEN  CONVICTED OF ONE OR MORE OF THE FOLLOWING SEXUAL
OFFENSES IN THIS STATE OR CONVICTED OF ONE OR MORE OFFENSES  IN  ANOTHER
JURISDICTION  WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE OR
MORE OF THE FOLLOWING OFFENSES, WHEN A CHILD WHO IS THE SUBJECT  OF  THE
PROCEEDING  WAS  CONCEIVED  AS A RESULT: (A) RAPE IN THE FIRST OR SECOND
DEGREE; (B) COURSE OF SEXUAL  CONDUCT  AGAINST  A  CHILD  IN  THE  FIRST
DEGREE;  (C)  PREDATORY  SEXUAL ASSAULT; OR (D) PREDATORY SEXUAL ASSAULT
AGAINST A CHILD.
  (C) Notwithstanding paragraph (a) OR (B) of this subdivision  a  court
may order visitation or custody where:
  (i) (A) such child is of suitable age to signify assent and such child
assents to such visitation or custody; or
  (B)  if  such  child  is  not  of  suitable age to signify assent, the
child's custodian or legal guardian assents to such order; or
  (C) the person who has been convicted of murder in the first or second
degree, or an offense in another jurisdiction which if committed in this
state, would constitute either murder in the first or second degree, can
prove by a preponderance of the evidence that:
  (1) he or she, or a family or household member of either party, was  a
victim of domestic violence by the victim of such murder; and
  (2)  the  domestic  violence was causally related to the commission of
such murder; [and]
  (ii) AND the court finds that such visitation or  custody  is  in  the
best interests of the child.
  [(c)] (D) For the purpose of making a determination pursuant to clause
(C)  of subparagraph (i) of paragraph [(b)] (C) of this subdivision, the
court shall not be bound by the findings of fact, conclusions of law  or
ultimate  conclusion  as  determined  by  the proceedings leading to the
conviction of murder in the first or second degree in this state  or  of
an  offense  in  another jurisdiction which, if committed in this state,
would constitute murder in either the  first  or  second  degree,  of  a
parent,  legal guardian, legal custodian, sibling, half-sibling or step-
sibling of a child  who  is  the  subject  of  the  proceeding.  In  all
proceedings  under  this section, an attorney shall be appointed for the
child.
  S 2. Subdivision 1 of section 111-a of the domestic relations law,  as
amended  by  chapter  353  of  the  laws  of 1993, is amended to read as
follows:
  1. Notwithstanding any inconsistent provisions of this  or  any  other
law, and in addition to the notice requirements of any law pertaining to
persons  other  than those specified in subdivision two of this section,
notice as provided herein shall be given to  the  persons  specified  in
subdivision  two  of  this  section of any adoption proceeding initiated
pursuant to this article or of  any  proceeding  initiated  pursuant  to
section one hundred fifteen-b OF THIS ARTICLE relating to the revocation
of  an adoption consent, when such proceeding involves a child born out-
of-wedlock provided, however, that such notice shall not be required  to
be  given  to  any  person  who  previously has been given notice of any

A. 7188--A                          3

proceeding involving the child, pursuant to section three hundred eight-
y-four-c of the social services law, and provided further that notice in
an adoption proceeding, pursuant to this section shall not  be  required
to  be  given  to  any  person who has previously received notice of any
proceeding pursuant to section one hundred fifteen-b OF THIS ARTICLE. In
addition to such other requirements as may be applicable to the petition
in any proceeding in  which  notice  must  be  given  pursuant  to  this
section, the petition shall set forth the names and last known addresses
of  all  persons required to be given notice of the proceeding, pursuant
to this section, and there shall be shown by the petition or by  affida-
vit  or  other proof satisfactory to the court that there are no persons
other than those set forth in the petition who are entitled  to  notice.
For  the  purpose  of determining persons entitled to notice of adoption
proceedings initiated pursuant to this  article,  persons  specified  in
subdivision  two  of  this  section shall not include any person who has
been convicted of [rape in the first degree involving  forcible  compul-
sion, under subdivision one of section 130.35 of the penal law, when the
child  who is the subject of the proceeding was conceived as a result of
such rape] ONE OR MORE OF THE FOLLOWING SEXUAL OFFENSES IN THIS STATE OR
CONVICTED OF ONE OR MORE OFFENSES  IN  ANOTHER  JURISDICTION  WHICH,  IF
COMMITTED  IN  THIS STATE, WOULD CONSTITUTE ONE OR MORE OF THE FOLLOWING
OFFENSES, WHEN THE CHILD WHO  IS  THE  SUBJECT  OF  THE  PROCEEDING  WAS
CONCEIVED AS A RESULT: (A) RAPE IN FIRST OR SECOND DEGREE; (B) COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE; (C) PREDATORY SEXUAL
ASSAULT; OR (D) PREDATORY SEXUAL ASSAULT AGAINST A CHILD.
  S  3.  Subdivision  1  of section 384-c of the social services law, as
amended by chapter 18 of the  laws  of  1979,  is  amended  to  read  as
follows:
  1.  Notwithstanding  any  inconsistent  provision of this or any other
law, and in addition to the notice requirements of any law pertaining to
persons other than those specified in subdivision two of  this  section,
notice  as  provided  herein  shall be given to the persons specified in
subdivision two of this section of any proceeding initiated pursuant  to
sections  three  hundred  fifty-eight-a,  three hundred eighty-four, and
three hundred eighty-four-b of this  chapter,  involving  a  child  born
out-of-wedlock.    Persons  specified in subdivision two of this section
shall not include any person who has been  convicted  of  [rape  in  the
first  degree  involving  forcible  compulsion, under subdivision one of
section 130.35 of the penal law, when the child who is  the  subject  of
the  proceeding  was  conceived as a result of such rape] ONE OR MORE OF
THE FOLLOWING SEXUAL OFFENSES IN THIS STATE OR CONVICTED OF ONE OR  MORE
OFFENSES  IN  ANOTHER  JURISDICTION  WHICH,  IF COMMITTED IN THIS STATE,
WOULD CONSTITUTE ONE OR MORE OF THE FOLLOWING OFFENSES, WHEN  THE  CHILD
WHO IS THE SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE
IN  FIRST OR SECOND DEGREE; (B) COURSE OF SEXUAL CONDUCT AGAINST A CHILD
IN THE FIRST DEGREE; (C) PREDATORY  SEXUAL  ASSAULT;  OR  (D)  PREDATORY
SEXUAL ASSAULT AGAINST A CHILD.
  S 4. This act shall take effect immediately.