S T A T E O F N E W Y O R K
________________________________________________________________________
6997--A
2015-2016 Regular Sessions
I N A S S E M B L Y
April 16, 2015
___________
Introduced by M. of A. BRAUNSTEIN, SCHIMEL -- read once and referred to
the Committee on Judiciary -- 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
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 affida-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04904-03-5
A. 6997--A 2
vit or other proof satisfactory to the court that there are no persons
other than those set forth in the petition who are entitled to notice.
For the purpose of determining persons entitled to notice of adoption
proceedings initiated pursuant to this article, persons specified in
subdivision two of this section shall not include any person who has
been convicted of 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, WHERE IT IS ESTABLISHED AFTER A HEARING, BY CLEAR
AND CONVINCING EVIDENCE, THAT SUCH PERSON COMMITTED ANY SUCH OFFENSE OR
when the child who is the subject of the proceeding was conceived as a
result: (A) rape in first [or], second OR THIRD 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.
S 2. Section 130.92 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
4. THE PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO A CHILD OF
A PARENT CONVICTED OF THE CRIME OF RAPE IN THE FIRST DEGREE AS DEFINED
IN SECTION 130.35 OF THIS ARTICLE, RAPE IN THE SECOND DEGREE AS DEFINED
IN SECTION 130.30 OF THIS ARTICLE, OR RAPE IN THE THIRD DEGREE AS
DEFINED IN SECTION 130.25 OF THIS ARTICLE, THAT RESULTED IN THE
CONCEPTION OF SUCH CHILD SHALL BE TERMINATED IN ACCORDANCE WITH ARTICLE
SIX OF THE FAMILY COURT ACT.
S 3. Paragraph (b) of subdivision 1-c of section 240 of the domestic
relations law, as amended by chapter 371 of the laws of 2013, is amended
to read as follows:
(b) Notwithstanding any other provision of this chapter to the contra-
ry, there shall be a rebuttable presumption that it is not in the best
interests of the child, WHETHER BORN IN OR OUT-OF-WEDLOCK, to be placed
in the custody of or to visit with a person who has been convicted of
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.
S 4. Subdivision 5 of section 240 of the domestic relations law, as
added by section 103 of chapter 398 of the laws of 1997, is renumbered
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 CHARGED WITH 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, UNTIL THE CONCLUSION OF ALL
PROCEEDINGS ASSOCIATED WITH SUCH CHARGES. NEITHER CUSTODY NOR VISITATION
SHALL BE AWARDED 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.
S 5. Article 6 of the family court act is amended by adding a new part
6 to read as follows:
PART 6
TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
RAPE
A. 6997--A 3
SECTION 681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION
BY RAPE.
682. HEARING.
S 681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
RAPE. 1. A PROCEEDING FOR TERMINATION OF PARENTAL RIGHTS ON THE GROUNDS
OF A FINDING OF CONCEPTION BY RAPE IS ORIGINATED BY A PETITION ALLEGING
THAT THE RESPONDENT COMMITTED THE CRIME OF RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.35, RAPE IN THE SECOND DEGREE AS DEFINED IN
SECTION 130.30, OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25
OF THE PENAL LAW, AND THAT THE CHILD WAS CONCEIVED AS A RESULT OF SUCH
RAPE. EXCEPT AS OTHERWISE PROVIDED IN THIS PART, THE PROVISIONS OF PART
ONE OF THIS ARTICLE SHALL APPLY TO ALL PROCEEDINGS.
2. AT THE CONCLUSION OF THE HEARING UNDER SECTION SIX HUNDRED EIGHTY-
TWO OF THIS PART THE COURT MAY TERMINATE ALL OF THE PARENTAL RIGHTS AND
RESPONSIBILITIES OF THE RESPONDENT IF THE RESPONDENT IS FOUND BY CLEAR
AND CONVINCING EVIDENCE TO HAVE COMMITTED RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.35, RAPE IN THE SECOND DEGREE AS DEFINED IN
SECTION 130.30 OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25
OF THE PENAL LAW, AND THE CHILD WAS CONCEIVED AS A RESULT OF SUCH ACT.
AN ORDER OF DISPOSITION SHALL BE MADE, PURSUANT TO THIS SECTION, SOLELY
ON THE BASIS OF THE BEST INTERESTS OF THE CHILD, AND THERE SHALL BE NO
PRESUMPTION THAT SUCH INTERESTS WILL BE PROMOTED BY ANY PARTICULAR
DISPOSITION.
S 682. HEARING. THE COURT SHALL HOLD A HEARING UNDER THIS PART TO
DETERMINE WHETHER THE ALLEGATIONS IN THE PETITION THAT THE RESPONDENT
COMMITTED RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35, RAPE IN
THE SECOND DEGREE AS DEFINED IN SECTION 130.30 OR RAPE IN THE THIRD
DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, AND THAT THE CHILD
WAS CONCEIVED AS A RESULT OF SUCH ACT ARE SUPPORTED BY CLEAR AND
CONVINCING PROOF. ONLY COMPETENT, MATERIAL AND RELEVANT EVIDENCE MAY BE
ADMITTED IN A HEARING PURSUANT TO THIS SECTION. A CONVICTION OF THE
RESPONDENT ON THE CHARGES ALLEGED SHALL NOT BE REQUIRED FOR A FINDING
UNDER THIS SECTION.
S 6. This act shall take effect immediately.