senate Bill S3006

2013-2014 Legislative Session

Denies custody of a child to a parent convicted of rape

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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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Jan 28, 2013 referred to children and families

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S3006 - Bill Details

Current Committee:
Senate Children And Families
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 - Bill Texts

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

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BILL NUMBER:S3006

TITLE OF BILL:
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

SUMMARY OF SPECIFIC PROVISIONS:
The bill seeks to ensure that no court shall award custody to a parent
who has been convicted of violating 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.

The bill amends Section 60.27 of the penal law by adding a new
subdivision 15 Chat provides that the person convicted of rape in the
third degree, second degree, or first degree as defined in the
sections of the chapter wherein a child is conceived and delivered as
a result of such rape, the court will, in addition to any sentencing,
order restitution to the victim in an amount that shall provide for
the child until such child achieves the age of twenty-one years.

EXISTING LAW:
Subdivision 5 of section 240 of the Domestic Relations Law, as added
by section 103 of Chapter 398 of the laws of 1997, by not prohibiting
custody or visitation rights of a rapist's offspring, permits the
rapist to petition the court for custody or visitation rights.

JUSTIFICATION:
New York is among the 26 states that limit the protection afforded to
women who become mothers through rape. Pregnancy from rape occurs
with "significant frequency" and it is estimated that while 50% of
the women who become pregnant through rape abort the fetus, and 5%
place the infant for adoption, over 30% opt to keep the child. It is
estimated that 12% of adult women in the United Sates have been
victims of a rape.

It appears that in New York State the least protection is afforded to
women with offspring resulting from rape In New York State the father
of such an offspring enjoys custody and visitation rights,
circumstances that serve to compound the initial act of violence and
subjects women to
the reprehensible reminder of their violation.

This bill seeks to deny rapists any right to custody and visitation
privileges over their rape-conceived children. Moreover it seeks to
have the rapist pay restitution to the mother of the raped-conceived
child and by doing so excluding the rapist from Family Court rules.
(Custody and Wages of Children)

EFFECTIVE DATE:
Immediately.


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                    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

S. 3006                             2

HOWEVER,  TO  THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION TWO HUNDRED
FORTY OF THIS CHAPTER.
  S  3. Subdivisions (a), (b) and (c) of section 651 of the family court
act, subdivisions (a) and (c) as amended by chapter 85 of  the  laws  of
1996  and subdivision (b) as amended by chapter 657 of the laws of 2003,
are amended to read as follows:
  (a) When referred from the supreme court or county court to the family
court, the family court has jurisdiction  to  determine,  in  accordance
with  subdivision  one  of  section  two  hundred  forty of the domestic
relations law and with the same powers possessed by the supreme court in
addition to its own powers, habeas corpus  proceedings  and  proceedings
brought  by  petition  and order to show cause, for the determination of
the custody or visitation of minors SUBJECT, HOWEVER, TO THE LIMITATIONS
SET FORTH IN SUBDIVISION SEVEN OF  SECTION  TWO  HUNDRED  FORTY  OF  THE
DOMESTIC RELATIONS LAW.
  (b) When initiated in the family court, the family court has jurisdic-
tion  to  determine,  in  accordance with subdivision one of section two
hundred forty of the domestic relations law and  with  the  same  powers
possessed  by  the  supreme  court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the custody  or  visitation  of  minors,
including  applications  by a grandparent or grandparents for visitation
or custody rights pursuant to section seventy-two or two  hundred  forty
of  the  domestic relations law SUBJECT, HOWEVER, TO THE LIMITATIONS SET
FORTH IN SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY OF THE  DOMESTIC
RELATIONS LAW.
  (c)  When  initiated  in the family court pursuant to a petition under
part eight of article ten of this act or section  three  hundred  fifty-
eight-a of the social services law, the family court has jurisdiction to
enforce  or  modify orders or judgments of the supreme court relating to
the visitation of minors in foster care, notwithstanding any  limitation
contained in subdivision (b) of section four hundred sixty-seven of this
act  BUT  SUBJECT,  HOWEVER, TO THE LIMITATIONS SET FORTH IN SUBDIVISION
SEVEN OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW.
  S 4. Section 60.27 of the penal law is amended by adding a new  subdi-
vision 15 to read as follows:
  15.  WHEN A PERSON IS CONVICTED OF RAPE IN THE THIRD DEGREE AS DEFINED
IN SECTION 130.25 OF THIS CHAPTER, RAPE IN THE SECOND DEGREE AS  DEFINED
IN SECTION 130.30 OF THIS CHAPTER OR RAPE IN THE FIRST DEGREE AS DEFINED
IN  SECTION 130.35 OF THIS CHAPTER, AND A CHILD IS CONCEIVED AS A RESULT
OF SUCH RAPE, THE COURT, IN ADDITION TO ANY OTHER SENTENCE, SHALL  ORDER
THE  PAYMENT  OF  RESTITUTION TO THE VICTIM OF SUCH RAPE IN AN AMOUNT TO
SATISFACTORILY PROVIDE CHILD SUPPORT FOR SUCH  CHILD  UNTIL  SUCH  CHILD
REACHES THE AGE OF TWENTY-ONE YEARS.
  S 5. This act shall take effect immediately.

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