S T A T E O F N E W Y O R K
________________________________________________________________________
4278
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
___________
Introduced by M. of A. CROUCH -- Multi-Sponsored by -- M. of A.
BACALLES, BURLING, FINCH, OAKS, RAIA -- read once and referred to the
Committee on Judiciary
AN ACT to amend the domestic relations law and the family court act, in
relation to the granting of custody of a minor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 240 of the domestic relations law is amended by
adding a new subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW TO THE CONTRARY, NO
COURT SHALL AWARD CUSTODY TO OR ALLOW UNSUPERVISED VISITATION WITH A
PARENT OR ANY OTHER PERSON WHO HAS BEEN CONVICTED OF VIOLATING SECTION
130.20 (SEXUAL MISCONDUCT); 130.25 (RAPE IN THE THIRD DEGREE); 130.30
(RAPE IN THE SECOND DEGREE); 130.35 (RAPE IN THE FIRST DEGREE); 130.40
(CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); 130.45 (CRIMINAL SEXUAL ACT
IN THE SECOND DEGREE); 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE);
130.55 (SEXUAL ABUSE IN THE THIRD DEGREE); 130.60 (SEXUAL ABUSE IN THE
SECOND DEGREE); 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); 130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (AGGRAVATED SEXU-
AL ABUSE IN THE FIRST DEGREE); 255.25 (INCEST IN THE THIRD DEGREE);
255.26 (INCEST IN THE SECOND DEGREE); 255.27 (INCEST IN THE FIRST
DEGREE); 263.05 (USE OF A CHILD IN A SEXUAL PERFORMANCE); 263.10
(PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD); 263.15 (PROMOTING
A SEXUAL PERFORMANCE BY A CHILD); 235.21 (DISSEMINATING INDECENT MATERI-
AL TO MINORS IN THE SECOND DEGREE); 235.22 (DISSEMINATING INDECENT MATE-
RIAL TO MINORS IN THE FIRST DEGREE); 230.30 (PROMOTING PROSTITUTION IN
THE SECOND DEGREE); 230.32 (PROMOTING PROSTITUTION IN THE FIRST DEGREE);
OR SUBDIVISION TWO OF SECTION 230.25 (PROMOTING PROSTITUTION IN THE
THIRD DEGREE) OF THE PENAL LAW, UNLESS THE COURT FINDS THAT THERE IS NO
SIGNIFICANT RISK TO THE CHILD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06983-01-9
A. 4278 2
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 SIX 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
1996 and subdivision (b) as amended by chapter 657 of the laws of 2003,
are amended to read as follows:
(a) When referred from the supreme court or county court to the family
court, the family court has jurisdiction to determine, in accordance
with subdivision one of section two hundred forty of the domestic
relations law and with the same powers possessed by the supreme court in
addition to its own powers, habeas corpus proceedings and proceedings
brought by petition and order to show cause, for the determination of
the custody or visitation of minors SUBJECT, HOWEVER, TO THE LIMITATIONS
SET FORTH IN SUBDIVISION SIX OF SECTION TWO HUNDRED FORTY OF THE DOMES-
TIC RELATIONS LAW REGARDING THE AWARDING OF CUSTODY OR UNSUPERVISED
VISITATION TO A PERSON WHO HAS BEEN CONVICTED OF ANY OF THE OFFENSES
ENUMERATED IN SUCH SUBDIVISION.
(b) When initiated in the family court, the family court has jurisdic-
tion to determine, in accordance with subdivision one of section two
hundred forty of the domestic relations law and with the same powers
possessed by the supreme court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the custody or visitation of minors,
including applications by a grandparent or grandparents for visitation
or custody rights pursuant to section seventy-two or two hundred forty
of the domestic relations law SUBJECT, HOWEVER, TO THE LIMITATIONS SET
FORTH IN SUBDIVISION SIX OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC
RELATIONS LAW REGARDING THE AWARDING OF CUSTODY OR UNSUPERVISED VISITA-
TION TO A PERSON WHO HAS BEEN CONVICTED OF ANY OF THE OFFENSES ENUMER-
ATED IN SUCH SUBDIVISION.
(c) When initiated in the family court pursuant to a petition under
part eight of article ten of this act or section three hundred fifty-
eight-a of the social services law, the family court has jurisdiction to
enforce or modify orders or judgments of the supreme court relating to
the visitation of minors in foster care, notwithstanding any limitation
contained in subdivision (b) of section four hundred sixty-seven of this
act BUT SUBJECT, HOWEVER, TO THE LIMITATIONS SET FORTH IN SUBDIVISION
SIX OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW REGARDING
THE AWARDING OF CUSTODY OR UNSUPERVISED VISITATION TO A PERSON WHO HAS
BEEN CONVICTED OF ANY OF THE OFFENSES ENUMERATED IN SUCH SUBDIVISION.
S 4. This act shall take effect immediately.