Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 07, 2016 |
referred to judiciary delivered to assembly passed senate |
May 04, 2016 |
advanced to third reading |
May 03, 2016 |
2nd report cal. |
Apr 12, 2016 |
1st report cal.616 |
Mar 21, 2016 |
print number 4726a |
Mar 21, 2016 |
amend and recommit to children and families |
Jan 06, 2016 |
referred to children and families returned to senate died in assembly |
Jun 15, 2015 |
referred to judiciary delivered to assembly passed senate |
May 20, 2015 |
advanced to third reading |
May 19, 2015 |
2nd report cal. |
May 18, 2015 |
1st report cal.690 |
Apr 10, 2015 |
referred to children and families |
Senate Bill S4726
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
2015-S4726 - Details
2015-S4726 - Sponsor Memo
BILL NUMBER:S4726 TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to prohibiting the court from granting custody of or unsupervised visitation with a child to a person who has been convicted of or charged with raping the parent of the child PURPOSE: This bill would prevent the granting of custody or unsupervised visitation of a child to a person who has been charged or convicted of raping the parent of the child in question. The bill would also place an automatic stay in any custody and paternity proceedings pending the criminal charges of rape. Furthermore the denial of visitation under circumstances outlined in this bill cannot be used against the mother of the child when determining any support obligation. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraph a of subdivision 1 of section 240 of the domestic relations law. Section 2 amends the family court act by adding a new section 552. Section 3 amends subdivisions a, b, and c of section 651 of the family court act.
2015-S4726 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4726 2015-2016 Regular Sessions I N S E N A T E April 10, 2015 ___________ Introduced by Sen. ROBACH -- 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 family court act, in relation to prohibiting the court from granting custody of or unsuper- vised visitation with a child to a person who has been convicted of or charged with raping the parent of the child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 240 of the domes- tic relations law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- tion and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of subdivision one-c of this section. Where either party to an action concerning custody of or a right to visitation with a child alleges in a sworn petition or complaint or sworn answer, cross-peti- tion, counterclaim or other sworn responsive pleading that the other party has committed an act of domestic violence against the party making the allegation or a family or household member of either party, as such family or household member is defined in article eight of the family court act, and such allegations are proven by a preponderance of the evidence, the court must consider the effect of such domestic violence upon the best interests of the child, together with such other facts and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01782-01-5
co-Sponsors
(R) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
2015-S4726A (ACTIVE) - Details
2015-S4726A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4726A TITLE OF BILL : An act to amend the domestic relations law and the family court act, in relation to prohibiting the court from granting custody of or unsupervised visitation with a child to a person who has been convicted of or charged with raping the parent of the child PURPOSE : This bill would prevent the granting of custody or unsupervised visitation of a child to a person who has been charged or convicted of raping the parent of the child in question. The bill would also place an automatic stay in any custody and paternity proceedings pending the criminal charges of rape. Furthermore the denial of visitation under circumstances outlined in this bill cannot be used against the mother of the child when determining any support obligation. SUMMARY OF SPECIFIC PROVISIONS : Section 1 and 2 amends paragraph a of subdivision 1 of section 240 of the domestic relations law. Section 3 amends the family court act by adding a new section 553. Section 4 amends subdivisions a, b, and c of section 651 of the family court act.
2015-S4726A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4726--A 2015-2016 Regular Sessions I N S E N A T E April 10, 2015 ___________ Introduced by Sens. ROBACH, CROCI, GALLIVAN, MARCHIONE -- 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 and the family court act, in relation to prohibiting the court from granting custody of or unsuper- vised visitation with a child to a person who has been convicted of or charged with raping the parent of the child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 240 of the domes- tic relations law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- tion and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of subdivision one-c of this section. Where either party to an action concerning custody of or a right to visitation with a child alleges in a sworn petition or complaint or sworn answer, cross-peti- tion, counterclaim or other sworn responsive pleading that the other party has committed an act of domestic violence against the party making the allegation or a family or household member of either party, as such EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01782-02-6
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