senate Bill S4726A

2015-2016 Legislative Session

Prohibits 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (18)
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

Votes

view votes

Apr 12, 2016 - Children and Families committee Vote

S4726A
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Apr 12, 2016

aye wr (1)

May 18, 2015 - Children and Families committee Vote

S4726
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 18, 2015

Co-Sponsors

S4726 - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; add §553, amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: S287
2019-2020: S74

S4726 - Summary

Prohibits the court from granting custody of or unsupervised visitation with a child to a person who has been convicted or accused of raping the parent of the child.

S4726 - Sponsor Memo

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

S4726A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; add §553, amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2017-2018: S287
2019-2020: S74

S4726A (ACTIVE) - Summary

Prohibits the court from granting custody of or unsupervised visitation with a child to a person who has been convicted or accused of raping the parent of the child.

S4726A (ACTIVE) - Sponsor Memo

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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