S T A T E O F N E W Y O R K
________________________________________________________________________
1893
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
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Introduced by M. of A. MORELLE, GANTT, KOON, GALEF -- read once and
referred to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to allowing
marriages within twenty-four hours of receiving a marriage license
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 13-b of the domestic relations law, as amended by
chapter 652 of the laws of 2007, is amended to read as follows:
S 13-b. Time within which marriage may be solemnized. 1. A marriage
shall not be solemnized within twenty-four hours after the issuance of
the marriage license, unless authorized by an order of a court of record
as hereinafter provided OR UNLESS AUTHORIZED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION, nor shall it be solemnized after sixty days from the
date of the issuance of the marriage license unless authorized pursuant
to section three hundred fifty-four-d of the executive law. Every
license to marry hereafter issued by a town or city clerk, in addition
to other requirements specified by this chapter, must contain a state-
ment of the day and the hour the license is issued and the period during
which the marriage may be solemnized. It shall be the duty of the cler-
gyman or magistrate performing the marriage ceremony, or if the marriage
is solemnized by written contract, of the judge before whom the contract
is acknowledged, to annex to or endorse upon the marriage license the
date and hour the marriage is solemnized. A judge or justice of the
supreme court of this state or the county judge of the county in which
either party to be married resides, or if such party is under sixteen
years of age, the judge of the family court of such county, if it shall
appear from an examination of the license and any other proofs submitted
by the parties that one of the parties is in danger of imminent death,
or by reason of other emergency public interest will be promoted there-
by, or that such delay will work irreparable injury or great hardship
upon the contracting parties, or one of them, may make an order author-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03508-02-9
A. 1893 2
izing the immediate solemnization of the marriage and upon filing such
order with the clergyman or magistrate performing the marriage ceremony,
or if the marriage is to be solemnized by written contract, with the
judge before whom the contract is acknowledged, such clergyman or magis-
trate may solemnize such marriage, or such judge may take such acknowl-
edgment as the case may be, without waiting for such three day period
and twenty-four hour period to elapse. The clergyman, magistrate or
judge must file such order with the town or city clerk who issued the
license within five days after the marriage is solemnized. Such town or
city clerk must record and index the order in the book required to be
kept by him for recording affidavits, statements, consents and licenses,
and when so recorded the order shall become a public record and avail-
able in any prosecution under this section. A person who shall solemnize
a marriage in violation of this section shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of fifty dollars
for each offense, and in addition thereto, his right to solemnize a
marriage shall be suspended for ninety days.
2. NOTWITHSTANDING THE TWENTY-FOUR HOUR WAITING PERIOD PRESCRIBED IN
SUBDIVISION ONE OF THIS SECTION, ANY MILITARY PERSONNEL WHOSE SCHEDULED
MILITARY DEPLOYMENT IS LESS THAN THIRTY DAYS AWAY MAY GET MARRIED WITHIN
TWENTY-FOUR HOURS OF RECEIVING A MARRIAGE LICENSE.
S 2. This act shall take effect immediately.