senate Bill S5001A

2013-2014 Legislative Session

Relates to termination of parental rights in cases of a child conceived through rape

download bill text pdf

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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2014 print number 5001a
amend and recommit to children and families
Jan 08, 2014 referred to children and families
May 03, 2013 referred to children and families

Bill Amendments

Original
A (Active)
Original
A (Active)

S5001 - Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§111-a & 240, Dom Rel L; amd §130.92, Pen L; add Art 6 Part 6 §§681 & 682, Fam Ct Act

S5001 - Summary

Provides a process for the termination of parental rights in cases of a child conceived through rape by clear and convincing evidence.

S5001 - Sponsor Memo

S5001 - Bill Text download pdf

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

                                  5001

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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 penal law and the family
  court act, in relation to termination of parental rights in cases of a
  child conceived through rape

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

  Section  1.  Subdivision  1 of section 111-a of the domestic relations
law, as amended by chapter 353 of the laws of 1993, is amended  to  read
as follows:
  1.  Notwithstanding  any  inconsistent provisions of this or any other
law, and in addition to the notice requirements of any law pertaining to
persons other than those specified in subdivision two of  this  section,
notice  as  provided  herein  shall be given to the persons specified in
subdivision two of this section of  any  adoption  proceeding  initiated
pursuant  to  this  article  or  of any proceeding initiated pursuant to
section one hundred fifteen-b relating to the revocation of an  adoption
consent,  when  such  proceeding  involves  a  child born out-of-wedlock
provided, however, that such notice shall not be required to be given to
any person who previously  has  been  given  notice  of  any  proceeding
involving  the child, pursuant to section three hundred eighty-four-c of
the social services law, and provided further that notice in an adoption
proceeding, pursuant to this section shall not be required to  be  given
to  any  person  who  has  previously  received notice of any proceeding
pursuant to section one hundred fifteen-b. In  addition  to  such  other
requirements  as  may be applicable to the petition in any proceeding in
which notice must be given pursuant to this section, the petition  shall
set  forth the names and last known addresses of all persons required to
be given notice of the proceeding, pursuant to this section,  and  there
shall  be shown by the petition or by affidavit or other proof satisfac-
tory to the court that there are no persons other than those  set  forth

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10510-01-3

S5001A (ACTIVE) - Details

Current Committee:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§111-a & 240, Dom Rel L; amd §130.92, Pen L; add Art 6 Part 6 §§681 & 682, Fam Ct Act

S5001A (ACTIVE) - Summary

Provides a process for the termination of parental rights in cases of a child conceived through rape by clear and convincing evidence.

S5001A (ACTIVE) - Sponsor Memo

S5001A (ACTIVE) - Bill Text download pdf

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

                                 5001--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the domestic relations law, the penal law and the family
  court act, in relation to termination of parental rights in cases of a
  child conceived through rape

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

  Section 1. Subdivision 1 of section 111-a of  the  domestic  relations
law,  as  amended by chapter 371 of the laws of 2013, is amended to read
as follows:
  1. Notwithstanding any inconsistent provisions of this  or  any  other
law, and in addition to the notice requirements of any law pertaining to
persons  other  than those specified in subdivision two of this section,
notice as provided herein shall be given to  the  persons  specified  in
subdivision  two  of  this  section of any adoption proceeding initiated
pursuant to this article or of  any  proceeding  initiated  pursuant  to
section one hundred fifteen-b of this article relating to the revocation
of  an adoption consent, when such proceeding involves a child born out-
of-wedlock provided, however, that such notice shall not be required  to
be  given  to  any  person  who  previously has been given notice of any
proceeding involving the child, pursuant to section three hundred eight-
y-four-c of the social services law, and provided further that notice in
an adoption proceeding, pursuant to this section shall not  be  required
to  be  given  to  any  person who has previously received notice of any
proceeding pursuant to section one hundred fifteen-b of this article. In
addition to such other requirements as may be applicable to the petition
in any proceeding in  which  notice  must  be  given  pursuant  to  this
section, the petition shall set forth the names and last known addresses

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10510-02-4

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.