S T A T E O F N E W Y O R K
________________________________________________________________________
6133
2009-2010 Regular Sessions
I N A S S E M B L Y
February 25, 2009
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Introduced by M. of A. WEINSTEIN, CLARK, N. RIVERA, LIFTON -- Multi-
Sponsored by -- M. of A. BARRA, BENJAMIN, BING, CYMBROWITZ, DESTITO,
EDDINGTON, FARRELL, FIELDS, GALEF, HOOPER, JAFFEE, JOHN, McENENY,
MOLINARO, NOLAN, PAULIN, REILLY, SCHROEDER, SEMINERIO, TITUS, WEISEN-
BERG -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to the temporary suspension of the parental rights of persons
convicted of certain felonies and incarcerated as a result thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 70.50 to
read as follows:
S 70.50 TEMPORARY SUSPENSION OF PARENTAL RIGHTS UPON CONVICTION FOR
CERTAIN FELONIES.
1. UPON CONVICTION OF ANY FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY
OR TWO HUNDRED SIXTY-THREE, OR SECTION 255.25, 255.26 OR 255.27 OF THIS
CHAPTER, WHERE THE DEFENDANT IS SENTENCED TO A PERIOD OF INCARCERATION,
THE COURT SHALL CONSIDER THE EVALUATION REQUIRED BY PARAGRAPH (C) OF
SUBDIVISION THREE OF SECTION 390.30 OF THE CRIMINAL PROCEDURE LAW AND
SHALL, IN THE COURT'S DISCRETION, IMPOSE A TEMPORARY SUSPENSION OF THE
DEFENDANT'S PARENTAL RIGHTS.
2. ANY TEMPORARY SUSPENSION OF PARENTAL RIGHTS PURSUANT TO THIS
SECTION SHALL NOT BE AN INDEPENDENT FACTOR TO COMMENCE A PROCEEDING
UNDER ARTICLE TEN OF THE FAMILY COURT ACT.
3. UNLESS OTHERWISE STATED IN THE COURT'S ORDER OF TEMPORARY SUSPEN-
SION OF PARENTAL RIGHTS, SUCH SUSPENSION SHALL CONTINUE UNTIL FURTHER
ORDER OF A COURT OF COMPETENT JURISDICTION.
4. IN ADDITION TO THE AUTHORITY OF THE COURT TO TEMPORARILY SUSPEND
PARENTAL RIGHTS ASSOCIATED WITH CUSTODY AND VISITATION, THE COURT SHALL
HAVE THE ADDITIONAL AUTHORITY TO LIMIT OR SUSPEND THE MANNER OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06406-01-9
A. 6133 2
DEFENDANT'S CONTACT WITH THE CHILD OR CHILDREN PENDING THE TEMPORARY
SUSPENSION OF PARENTAL RIGHTS.
5. ANY TEMPORARY SUSPENSION OF PARENTAL RIGHTS IMPOSED UNDER THIS
SECTION SHALL NOT BE THE SUBJECT OF A PLEA AGREEMENT. THE DEFENDANT
SHALL HAVE THE RIGHT TO INDEPENDENTLY APPEAL THE ORDER OF TEMPORARY
SUSPENSION OF PARENTAL RIGHTS, NOTWITHSTANDING ANY WAIVER OF APPEAL IN
CONJUNCTION WITH THE UNDERLYING CONVICTION.
S 2. Subdivision 3 of section 390.30 of the criminal procedure law is
amended by adding a new paragraph (c) to read as follows:
(C) THE REPORT SHALL ALSO CONTAIN AN EVALUATION OF THE APPROPRIATENESS
OF THE DEFENDANT'S PARENTAL RIGHTS IF ANY. THE EVALUATION SHALL
INCLUDE, BUT NOT BE LIMITED TO, CONSIDERATION OF THE CRIME OF WHICH THE
DEFENDANT HAS BEEN CONVICTED, PRIOR CRIMINAL HISTORY, AGE OF THE CHILD
OR CHILDREN, THE HISTORY OF THE DEFENDANT'S RELATIONSHIP WITH THE CHIL-
DREN, THE DEFENDANT'S HISTORY OF SUBSTANCE ABUSE, INCLUDING ALCOHOL
ABUSE, THE DEFENDANT'S HISTORY OF DOMESTIC VIOLENCE OR OTHER VIOLENT
ACTS, THE LENGTH OF THE SENTENCE, THE DESIRES OF THE PERSON WITH WHOM
THE CHILDREN ARE TO RESIDE DURING THE PERIOD OF INCARCERATION, THE
EXISTENCE AND OPINION OF A CUSTODIAL PARTY, AND THE BEST INTERESTS OF
THE CHILD OR CHILDREN.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.