BILL NUMBER:A9364
TITLE OF BILL: An act to amend the correction law, in relation to
custody and visitation rights of a sex offender
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends Article 6-C of the Correction Law by
redesignating §168-w as §168-x and a new §168-w is added to prohibit any
sex offender from being granted physical or legal custody of a child by
a court, or unsupervised visitation.
JUSTIFICATION:
The children of sex offenders, perhaps most of all, are at the greatest
risk for abuse and deserve the significant protections that would come
from denying a sex offender-parent custody or unsupervised visitation.
PRIOR LEGISLATIVE HISTORY:
2003-04: Senate 3rd Reading Cal./Assembly - Remained in Committee
2005-06: A.3721-A Held for Consideration/S.2796-A - Advanced to Third
Reading
2007-08: A.1364/S.846 - Remained in Committee
2009: A3217 (Eddington)
S T A T E O F N E W Y O R K
________________________________________________________________________
9364
I N A S S E M B L Y
(PREFILED)
January 6, 2010
___________
Introduced by M. of A. GABRYSZAK, P. RIVERA, GUNTHER, JOHN -- Multi-
Sponsored by -- M. of A. LUPARDO -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to custody and visita-
tion rights of a sex offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is relettered section 168-x and a new
section 168-w is added to read as follows:
S 168-W. PROHIBITION OF CUSTODY AND VISITATION RIGHTS. ANY SEX OFFEN-
DER SHALL BE PROHIBITED FROM BEING GRANTED BY A COURT PHYSICAL OR LEGAL
CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15151-01-9
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