Assembly Bill A2231

2017-2018 Legislative Session

Relates to limitations on the granting of custody of a minor

download bill text pdf

Sponsored By

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

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2017-A2231 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A4278
2011-2012: A4529
2013-2014: A1751
2015-2016: A2381
2019-2020: A758
2021-2022: A5355, A7165
2023-2024: A5155

2017-A2231 (ACTIVE) - Summary

Prohibits a court from granting custody of a minor to anyone who has been convicted of any of the enumerated sex crimes except where court finds there is no significant risk to the child.

2017-A2231 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2231
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CROUCH,  FINCH,  OAKS, RAIA -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to the granting of custody of a minor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 240 of the domestic relations law,
 as added by section 103 of chapter 398 of the laws of  1997,  is  renum-
 bered 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 OR ALLOW  UNSUPERVISED  VISITATION  WITH  A
 PARENT  OR  ANY OTHER PERSON WHO HAS BEEN CONVICTED OF VIOLATING SECTION
 130.20 (SEXUAL MISCONDUCT); 130.25 (RAPE IN THE  THIRD  DEGREE);  130.30
 (RAPE  IN  THE SECOND DEGREE); 130.35 (RAPE IN THE FIRST DEGREE); 130.40
 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); 130.45 (CRIMINAL  SEXUAL  ACT
 IN THE SECOND DEGREE); 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE);
 130.55  (SEXUAL  ABUSE IN THE THIRD DEGREE); 130.60 (SEXUAL ABUSE IN THE
 SECOND DEGREE); 130.65  (SEXUAL  ABUSE  IN  THE  FIRST  DEGREE);  130.67
 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (AGGRAVATED SEXU-
 AL  ABUSE  IN  THE  FIRST  DEGREE); 255.25 (INCEST IN THE THIRD DEGREE);
 255.26 (INCEST IN THE  SECOND  DEGREE);  255.27  (INCEST  IN  THE  FIRST
 DEGREE);  263.05  (USE  OF  A  CHILD  IN  A  SEXUAL PERFORMANCE); 263.10
 (PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD); 263.15  (PROMOTING
 A SEXUAL PERFORMANCE BY A CHILD); 235.21 (DISSEMINATING INDECENT MATERI-
 AL TO MINORS IN THE SECOND DEGREE); 235.22 (DISSEMINATING INDECENT MATE-
 RIAL  TO  MINORS IN THE FIRST DEGREE); 230.30 (PROMOTING PROSTITUTION IN
 THE SECOND DEGREE); 230.32 (PROMOTING PROSTITUTION IN THE FIRST DEGREE);
 OR SUBDIVISION TWO OF SECTION  230.25  (PROMOTING  PROSTITUTION  IN  THE
 THIRD  DEGREE) OF THE PENAL LAW, UNLESS THE COURT FINDS THAT THERE IS NO
 SIGNIFICANT RISK TO THE CHILD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04576-01-7
              

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