senate Bill S5069A

Signed By Governor
2013-2014 Legislative Session

Relates to orders of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.371
Sep 17, 2013 delivered to governor
Jun 20, 2013 returned to senate
passed assembly
ordered to third reading rules cal.535
substituted for a7188a
Jun 18, 2013 referred to codes
returned to assembly
repassed senate
Jun 13, 2013 amended on third reading 5069a
vote reconsidered - restored to third reading
Jun 13, 2013 returned to senate
recalled from assembly
May 23, 2013 referred to judiciary
delivered to assembly
passed senate
May 22, 2013 advanced to third reading
May 21, 2013 2nd report cal.
May 20, 2013 1st report cal.625
May 07, 2013 referred to children and families

Votes

view votes

May 20, 2013 - Children and Families committee Vote

S5069
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 20, 2013

Bill Amendments

Original
A (Active)
Original
A (Active)

S5069 - Details

See Assembly Version of this Bill:
A7188A
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 111-a, Dom Rel L; amd §384-c, Soc Serv L

S5069 - Summary

Relates to an order of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result of such assault.

S5069 - Sponsor Memo

S5069 - Bill Text download pdf

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

                                  5069

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- 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 and the social services  law,
  in  relation to visitation and custody rights of a parent convicted of
  sexual assault

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

  Section  1.  Subdivision  1-c of section 240 of the domestic relations
law, as added by chapter 150 of the  laws  of  1998,  paragraph  (a)  as
amended  by chapter 378 of the laws of 1999 and paragraph (c) as amended
by chapter 41 of the laws of 2010, is amended to read as follows:
  1-c. (a) Notwithstanding any other provision of this  chapter  to  the
contrary,  no  court  shall  make  an  order providing for visitation or
custody to a person who has been convicted of (I) murder in the first or
second degree in this state, or  convicted  of  an  offense  in  another
jurisdiction  which, if committed in this state, would constitute either
murder in the first or second degree,  of  a  parent,  legal  custodian,
legal  guardian,  sibling, half-sibling or step-sibling of any child who
is the subject of the proceeding; OR (II) ONE OR MORE OF  THE  FOLLOWING
SEXUAL  OFFENSES  IN  THIS STATE OR CONVICTED OF ONE OR MORE OFFENSES IN
ANOTHER JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE
ONE OR MORE OF THE FOLLOWING OFFENSES, WHEN A CHILD WHO IS  THE  SUBJECT
OF  THE  PROCEEDING WAS CONCEIVED AS A RESULT:  (A) RAPE IN THE FIRST OR
SECOND DEGREE; (B) COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST
DEGREE; (C) PREDATORY SEXUAL ASSAULT; OR (D)  PREDATORY  SEXUAL  ASSAULT
AGAINST  A CHILD.  Pending determination of a petition for visitation or
custody, such child shall not visit and no person shall visit with  such
child present, such person who has been convicted of murder in the first
or  second degree OR OF ONE OR MORE OF THE SEXUAL OFFENSES ENUMERATED IN
THIS PARAGRAPH WHEN THE CHILD WHO  IS  SUBJECT  OF  THE  PROCEEDING  WAS
CONCEIVED  AS  A  RESULT OF SUCH OFFENSES in this state, or convicted of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10487-03-3

Co-Sponsors

S5069A (ACTIVE) - Details

See Assembly Version of this Bill:
A7188A
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 111-a, Dom Rel L; amd §384-c, Soc Serv L

S5069A (ACTIVE) - Summary

Relates to an order of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result of such assault.

S5069A (ACTIVE) - Sponsor Memo

S5069A (ACTIVE) - Bill Text download pdf

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

                                 5069--A
    Cal. No. 625

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced by Sens. SKELOS, LANZA -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families
  -- reported favorably from said committee, ordered to first and second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the domestic relations law and the social services  law,
  in  relation to visitation and custody rights of a parent convicted of
  sexual assault

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

  Section  1.  Subdivision  1-c of section 240 of the domestic relations
law, as added by chapter 150 of the  laws  of  1998,  paragraph  (a)  as
amended  by chapter 378 of the laws of 1999 and paragraph (c) as amended
by chapter 41 of the laws of 2010, is amended to read as follows:
  1-c. (a) Notwithstanding any other provision of this  chapter  to  the
contrary,  no  court  shall  make  an  order providing for visitation or
custody to a person who has been convicted of murder  in  the  first  or
second  degree  in  this  state,  or  convicted of an offense in another
jurisdiction which, if committed in this state, would constitute  either
murder  in  the  first  or  second degree, of a parent, legal custodian,
legal guardian, sibling, half-sibling or step-sibling of any  child  who
is  the  subject  of the proceeding. Pending determination of a petition
for visitation or custody, such child shall  not  visit  and  no  person
shall  visit with such child present, such person who has been convicted
of murder in the first or second degree in this state, or  convicted  of
and  offense  in another jurisdiction which, if committed in this state,
would constitute either murder in the  first  or  second  degree,  of  a
parent,  legal custodian, legal guardian, sibling, half-sibling or step-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10487-05-3

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