senate Bill S3006

2013-2014 Legislative Session

Denies custody of a child to a parent convicted of rape

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2013 referred to children and families

Co-Sponsors

S3006 - Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, Dom Rel L; amd §651, Fam Ct Act; amd §60.27, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7861

S3006 - Summary

Denies custody of a child to a parent convicted of rape.

S3006 - Sponsor Memo

S3006 - Bill Text download pdf

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

                                  3006

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced by Sens. ADAMS, PARKER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law, the family court act and the
  penal  law,  in  relation  to  denying  custody of a child to a parent
  convicted of rape

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 240 of the domestic relations law,
as  added  by  section 103 of chapter 398 of the laws of 1997, is renum-
bered subdivision 6 and a new subdivision 7 is added to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW TO THE CONTRARY,  NO
COURT  SHALL AWARD CUSTODY TO A PARENT WHO HAS BEEN CONVICTED OF VIOLAT-
ING SECTION 130.25 (RAPE IN THE  THIRD  DEGREE),  130.30  (RAPE  IN  THE
SECOND  DEGREE),  OR 130.35 (RAPE IN THE FIRST DEGREE) OF THE PENAL LAW,
WHERE THE CHILD THAT SUCH PARENT SEEKS  CUSTODY  OR  VISITATION  OF  WAS
CONCEIVED AS A RESULT OF SUCH RAPE.
  S  2.  Subdivision (a) of section 70 of the domestic relations law, as
amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
follows:
  (a)   Where a minor child is residing within this state, either parent
may apply to the supreme court for a writ of habeas corpus to have  such
minor  child  brought  before such court; and on the return thereof, the
court, on due consideration, may award the natural guardianship,  charge
and  custody  of  such  child to either parent for such time, under such
regulations and restrictions, and with such provisions  and  directions,
as the case may require, and may at any time thereafter vacate or modify
such  order.    In  all cases there shall be no prima facie right to the
custody of the child in either parent, but  the  court  shall  determine
solely  what  is  for the best interest of the child, and what will best
promote its welfare and happiness, and make award  accordingly  SUBJECT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06098-01-3

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