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Assembly Bill A3548A

2011-2012 Legislative Session

Relates to the custody and visitation rights of a sex offender

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A3548 - Details

See Senate Version of this Bill:
S2481
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1687
2013-2014: A7662, S1452
2015-2016: S2084

2011-A3548 - Summary

Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.

2011-A3548 - Bill Text download pdf 

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

                                  3548

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. GABRYSZAK, P. RIVERA, GUNTHER -- Multi-Sponsored
  by -- M. of A.  LUPARDO, WEISENBERG -- 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.
                                                           LBD07726-01-1

co-Sponsors

multi-Sponsors

2011-A3548A (ACTIVE) - Details

See Senate Version of this Bill:
S2481
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1687
2013-2014: A7662, S1452
2015-2016: S2084

2011-A3548A (ACTIVE) - Summary

Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.

2011-A3548A (ACTIVE) - Bill Text download pdf 

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

                                 3548--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. GABRYSZAK, P. RIVERA, GUNTHER -- Multi-Sponsored
  by -- M. of A.  LUPARDO, WEISENBERG -- read once and referred  to  the
  Committee  on Correction -- recommitted to the Committee on Correction
  in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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. CUSTODY AND VISITATION RIGHTS. 1. ANY SEX OFFENDER DESIGNATED
AS A SEXUAL PREDATOR, OR A SEXUALLY VIOLENT OFFENDER, OR CLASSIFIED AS A
LEVEL  THREE  RISK,  FOR  A  CRIME INVOLVING A CHILD SHALL BE, EXCEPT IN
EXTRAORDINARY CIRCUMSTANCES, PROHIBITED FROM BEING GRANTED  BY  A  COURT
PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD.
  2. ANY SEX OFFENDER CLASSIFIED AS A LEVEL THREE RISK SHALL BE PRESUMED
TO BE INELIGIBLE TO BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPER-
VISED  VISITATION  WITH,  A  CHILD,  AND A COURT SHALL GRANT PHYSICAL OR
LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD ONLY  IF  THE
SEX  OFFENDER  HAS  PROVIDED CLEAR AND CONVINCING EVIDENCE THAT GRANTING
SUCH CUSTODY OR VISITATION WILL BE IN THE BEST INTEREST OF THE 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.
                                                           LBD07726-03-2

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