senate Bill S1452

2013-2014 Legislative Session

Relates to the custody and visitation rights of a sex offender

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 12, 2014 referred to correction
delivered to assembly
passed senate
May 06, 2014 advanced to third reading
May 05, 2014 2nd report cal.
Apr 30, 2014 1st report cal.483
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
May 22, 2013 referred to correction
delivered to assembly
passed senate
May 21, 2013 ordered to third reading cal.717
committee discharged and committed to rules
Jan 09, 2013 referred to crime victims, crime and correction

Votes

view votes

Apr 30, 2014 - Crime Victims, Crime and Correction committee Vote

S1452
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Apr 30, 2014

May 21, 2013 - Rules committee Vote

S1452
21
1
committee
21
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S1452 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2481A
2009-2010: A3217, A9364, S1687

S1452 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1452

TITLE OF BILL:
An act
to amend the correction law, in relation to custody and visitation
rights of a sex offender

SUMMARY OF PROVISIONS:

Section one of the bill amends Article 6-C of the Correction Law by
re-designating § 168-w as §168-x and adding a new §168-w to prohibit
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.

The bill further amends the law by adding to the new
Section 168-w a presumption of ineligibility of any sex offender
classified as a level three risk from being granted physical or legal
custody of, or unsupervised visitation with, a child unless the sex
offender has provided clear and convincing evidence that it would be
in the best interest of the child.

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.
Sexual offenders designated level three risk, sexual predator and
sexually violent offender for crimes involving a child, shall be
prohibited from being granted custody or visitation, except in
extraordinary circumstances.
All other level three sex offenders shall be presumed ineligible for
custody or visitation unless the sex offender presents clear and
convincing evidence that it would be in the best interest of the child.

FISCAL IMPLICATIONS:

None.

PRIOR LEGISLATIVE HISTORY:

2003-04: Senate 3rd Reading Cal./Assembly Corrections Cmte.
2005-06: Senate Crime Victims, Crime & Corrections Cmte./Assembly
Corrections Cmte.
2007-08: Senate Crime Victims, Crime & Corrections Cmte./Assembly
Corrections Cmte.
2009-10: Reported and Committed to Codes Cmte./Assembly Corrections
Committee
2011-12: passed Senate/Assembly Corrections Committee

EFFECTIVE DATE:


This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1452

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FLANAGAN, MAZIARZ -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Crime Victims,
  Crime and 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. 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.
                                                           LBD05629-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.