senate Bill S5069A

Signed by Governor

Relates to orders of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result

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Bill Status


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

  • 07 / May / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 20 / May / 2013
    • 1ST REPORT CAL.625
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 23 / May / 2013
    • PASSED SENATE
  • 23 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2013
    • REFERRED TO JUDICIARY
  • 13 / Jun / 2013
    • RECALLED FROM ASSEMBLY
  • 13 / Jun / 2013
    • RETURNED TO SENATE
  • 13 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 13 / Jun / 2013
    • AMENDED ON THIRD READING 5069A
  • 18 / Jun / 2013
    • REPASSED SENATE
  • 18 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO CODES
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A7188A
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.535
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • SIGNED CHAP.371

Summary

Relates to an order of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result of such assault.

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Bill Details

See Assembly Version of this Bill:
A7188A
Versions:
S5069
S5069A
Legislative Cycle:
2013-2014
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 111-a, Dom Rel L; amd §384-c, Soc Serv L

Sponsor Memo

BILL NUMBER:S5069A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To restrict parental rights of
sexual perpetrators when a child is born as a result of sexual
offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1-c of section 240 of the domestic
relations law, by providing that 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 (in this state or in another jurisdiction) of one or more of
the following sexual offenses, when a child who is the subject of the
proceeding was conceived as a result: rape in the first or second
degree; course of sexual conduct against a child in the first degree;
predatory sexual assault; or predatory sexual assault against a child.

Section 2 amends subdivision 1 of section 111-a of the domestic
relations law to provide that a person who has been convicted (in this
state or in another jurisdiction) of the enumerated sexual offenses
shall not be entitled to receive notice of adoption proceedings, when
the child subject to these proceedings was conceived as the result of
the sexual offenses committed.

Section 3 amends subdivision 1 of section 384-c of the social services
law to provide that a person who has been convicted (in this state or
in another jurisdiction) of the enumerated sexual offenses shall not
be entitled to receive notice of specified social services proceedings
regarding dependent children in foster care, guardianship and custody
of children not in foster care, and guardianship and custody of
destitute or dependent children.

Section 4 provides that this act shall take effect immediately.

JUSTIFICATION: A woman can become pregnant as a result of rape,
sexual assault or other sexual offenses. If she chooses to keep her
child, the law does not sufficiently protect her from her perpetrator.
Currently, New York State law provides that any person convicted of
rape in the first degree with forcible compulsion has no right to be
notified if the victim decides to put the baby up for adoption, when
the child was conceived as a result of such rape. This does not
protect women if their children are the result of other sexual
offenses other than rape in the first degree with forcible compulsion.

Similarly, the current law explicitly restricts visitation and custody
rights for those convicted of 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.
However, the law does not explicitly restrict visitation and custody
rights for sexual offenders regarding children generated from the
crime they have committed and for which they have been convicted.


Sexual perpetrators can threaten their victims by filing a petition of
visitation and custody rights in order to discourage these women from
prosecuting criminal charges against them. This bill will close a
loophole in the current law, providing full protection to victims of
sexual offenses and their children from their perpetrators.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 5069--A
    Cal. No. 625

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced by Sens. SKELOS, LANZA -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families
  -- reported favorably from said committee, ordered to first and second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10487-05-3

S. 5069--A                          2

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
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

S. 5069--A                          3

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.

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