NY State Senate Bill S4407B

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 (21)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2017	signed chap.35
Jun 08, 2017	delivered to governor returned to senate passed assembly ordered to third reading rules cal.107 substituted for a5524b
Jun 06, 2017	referred to codes returned to assembly repassed senate
May 22, 2017	amended on third reading 4407b
May 22, 2017	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 07, 2017	referred to judiciary delivered to assembly passed senate ordered to third reading cal.404 committee discharged and committed to rules
Mar 01, 2017	print number 4407a
Mar 01, 2017	amend and recommit to judiciary
Feb 14, 2017	referred to judiciary

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

S4407 - Details

See Assembly Version of this Bill:: A5524
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§15, 13-b & 15-a, Dom Rel L
Versions Introduced in 2015-2016 Legislative Session:: A10685

S4407 - Summary

Increases the age of consent for purposes of marriage; prohibits marriages of minors under the age of seventeen years of age.

S4407 - Sponsor Memo

 BILL NUMBER:  S4407

 TITLE OF BILL :

An act to amend the domestic relations law, in relation to increasing
the age of consent for purposes of marriage to the age of seventeen

 PURPOSE :

To prohibit marriage of minors under seventeen years of age and to
amend the process to obtain court approval for marriage of persons at
least seventeen years of age but under eighteen years of age.

 SUMMARY OF PROVISIONS :

Section one amends subdivisions 1(a), 2 and 3 of section 15 of the
domestic relations law, paragraph (a) of subdivision 1, as amended by
chapter 415 of the laws of 2014, subdivision 2 as amended by chapter
126 of the laws of 1984 and subdivision 3 as amended by section 5 of
part W2 of chapter 62 of the laws of 2003, to provide that the town or
city clerk shall require each applicant for a marriage license to
present documentary proof of age as set forth in subdivision 1(a). If
it shall appear from the affidavits and statements taken and from the
documentary proof of age presented that the persons for whose marriage
a license is demanded are legally competent to marry, such clerk shall
issue the license. In cases where it shall appear that either party is

at least seventeen years of age but under eighteen years of age the
process by which a justice of the supreme court or a judge of the
family court having jurisdiction over the town or city in which the
application is made is amended to provide, among other things: (i) the
appointment of an attorney for the child for each minor party which
attorney shall have received training in domestic violence including a
component on forced marriage; (ii) the sealing of all papers and
records pertaining to any such application; (iii) prior to issuing
approval and consent, notification to each minor party of his or her
rights, including but not limited to, in relation to termination of
the marriage, child and spousal support, and access to public benefits
and domestic violence and other services, which notification shall be
developed by the office of court administration in consultation with
the office for the prevention of domestic violence, conducting with
respect to each party a review of related decisions in court
proceedings initiated pursuant to article ten of the family court act,
and all warrants issued under the family court act, reports of the
statewide computerized registry of orders of protection under section
two hundred twenty-one-a of the executive law, and reports of the sex
offender registry under section one hundred sixty-eight-b of the
correction law, and the holding by the justice of the supreme court or
a judge of the family court of an in camera interview, separately with
each minor party, such justice of the supreme court or a judge of the
family court required to make written affirmative findings specified
in subdivision 3, taking into consideration, among other relevant
factors, the factors set forth is said subdivision 3. Neither current
or past pregnancy of either individual, nor the wishes of the parents
or legal guardians of the minor intending to be married nor the
existence of a prior religious marriage shall be the sole basis for
consent or approval under this subdivision. This section further
provides that upon the approval and consent of the justice of the
supreme court or the judge of the family court of the application to
marry, each minor party shall have all the rights and responsibilities
of an adult, including the right to enter into a contract, except for
those specific constitutional and statutory age requirements such as,
but not limited to, voting, use of alcoholic beverages, and other
health and safety regulations relevant to him or her because of his or
her age. If it shall appear upon an application for a marriage license
that either party is under the age o f seventeen years, then the town
or city clerk shall not issue a license to marry.
Section two amends section 13-b of the domestic relations law, as
amended by chapter 652 of the laws of 2007, to allow the solemnization
of marriage permitted under this section of a party to be married to
at least seventeen years of age in lieu of under sixteen upon making
written affirmative findings required under subdivision 3 of section
15 of the domestic relations law.

Section three amends section 15-a of the domestic relations law, as
amended by chapter 126 of the laws of 1984, to increase the age of
minors who are prohibited from marrying to under seventeen from under
fourteen.

Section four provides the effective date.

 JUSTIFICATION :

As highlighted in a New York Times Op-Ed (Fraidy Reiss, "America's
Child-Marriage Problem," Oct. 13, 2015), a survey by the Tahirih
Justice Center identified 3,000 known or suspected cases of forced
marriage in the United States between 2009 to 2011, many of which
involved girls under age 18. Parents force their children into
marriages, citing reasons such as protecting "family honor,"
controlling the child's behavior and/or sexuality, and enhancing the
family's status. Such reasons are reminiscent of the reasons for
allowing girls age fourteen and over but under age sixteen to marry
with court approval in 1929. The occurrence of child marriage is not
limited to a particular culture or religion, but is widespread in the
United States (Reiss). Child marriage or forced marriage, or both,
occur in families across faiths, including Muslim, Christian, Hindu,
Buddhist, Sikh, Orthodox Jew, Mormon and Unification Church (2011
National Survey Results, Tahirih Justice Center). Tactics such as
threats of ostracism, beatings or death are used to force children to
marry against their will.

According to Reiss, data from the State Department of Health reveal
that in the period 2000-2010, 3,853 children were married in New York.
In 2013 alone, there were 80 marriages in New York, outside of New
York City, where at least one party was under age eighteen (New York
State Department of Health Table 46: Marriages by Age of Bride and Age
of Groom - New York State Exclusive of New York city).

Based on anecdotal evidence, we have learned that the court approval
process under current law for the authorization of marriage of persons
under sixteen years of age has not provided adequate protections for a
child against abuse and fraud on the part of parents or guardians to
force a child into marriage. This legislation will strengthen the
process as applied to marriage of persons at least seventeen but under
eighteen years of age.

Under Penal Law, a child under 17 does not have the capacity to
consent to sex. It is statutory rape for an adult to have sex with a
16-year old but if he is married to her he can force her to have
non-consensual sex as often as he likes. We have learned that marriage
at any age before 18, undermines girls' health, education and economic
opportunities, and increases their likelihood of experiencing
violence. Clinton Foundation & Gates Foundation, No Ceilings: The Full
Participation Report: Highlights (Mar. 2015), at p. 3, available at
http://noceilings.org/report/highlights.pdf.

As a matter of public policy, no parent or court should be permitted
to bind a child under the age of seventeen to a contract where the
child lacks the capacity as well as the opportunity to consent.

 LEGISLATIVE HISTORY :

A.10685, referred to judiciary.
 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to licenses
issued on and after such effective date and to marriages that have not
been solemnized prior to such effective date.

S4407 - Bill Text download pdf


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

                                  4407

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 14, 2017
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the domestic relations law, in  relation  to  increasing
  the age of consent for purposes of marriage to the age of seventeen

  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, and subdivisions 2, 3 and 4
of section 15 of the domestic relations law, paragraph (a)  of  subdivi-
sion  1  as amended by chapter 415 of the laws of 2014, subdivision 2 as
amended by chapter 126 of the laws of 1984, subdivision 3 as amended  by
section 5 of part W2 of chapter 62 of the laws of 2003 and subdivision 4
as  amended  by  chapter 424 of the laws of 1990, are amended to read as
follows:
  (a) It shall be the duty of the town or city clerk when an application
for a marriage license is made to him or her  to  require  each  of  the
contracting  parties  to sign and verify a statement or affidavit before
such clerk or one of his  or  her  deputies,  containing  the  following
information.  From [the groom] PARTY ONE:  Full name [of husband], place
of residence, social security number, age, occupation, place  of  birth,
name  of  father,  country  of  birth, maiden name of mother, country of
birth, number of marriage. From [the bride] PARTY TWO:   Full  name  [of
bride],  place  of  residence,  social security number, age, occupation,
place of birth, name of father, country of birth, maiden name of mother,
country of birth,  number  of  marriage.  BOTH  PARTIES  SHALL  ALSO  BE
REQUIRED TO PRESENT TO THE CLERK DOCUMENTARY PROOF OF AGE IN THE FORM OF
AN  ORIGINAL  OR  CERTIFIED  COPY  OF A BIRTH RECORD, A CERTIFICATION OF
BIRTH ISSUED BY THE STATE DEPARTMENT OF HEALTH,  A  LOCAL  REGISTRAR  OF
VITAL  STATISTICS OR OTHER PUBLIC OFFICER CHARGED WITH SIMILAR DUTIES BY
THE LAWS OF ANY OTHER STATE, TERRITORY OR COUNTRY, A BAPTISMAL RECORD, A
PASSPORT, AN AUTOMOBILE  DRIVER'S  LICENSE,  ANY  GOVERNMENT  OR  SCHOOL
ISSUED  IDENTIFICATION CARD THAT CONTAINS A PHOTOGRAPH OF THE APPLICANT,

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

                                                           LBD07462-04-7

S. 4407                             2

A LIFE INSURANCE POLICY, AN EMPLOYMENT CERTIFICATE, A SCHOOL RECORD,  AN
IMMIGRATION RECORD, A NATURALIZATION RECORD, A COURT RECORD OR ANY OTHER
DOCUMENT  OR RECORD ISSUED BY A GOVERNMENTAL ENTITY, SHOWING THE DATE OF
BIRTH OF SUCH PARTIES. The said clerk shall also embody in the statement
if  either  or  both  of  the applicants have been previously married, a
statement as to whether the former [husband or husbands  or  the  former
wife or wives] SPOUSE OR SPOUSES of the respective applicants are living
or dead and as to whether either or both of said applicants are divorced
persons,  if so, when and where and against whom the divorce or divorces
were granted and shall also embody therein a  statement  that  no  legal
impediment  exists  as  to  the right of each of the applicants to enter
into the marriage state. The town or city clerk  is  hereby  given  full
power  and  authority to administer oaths and may require the applicants
to produce witnesses to identify them or either of them and may  examine
under  oath  or  otherwise  other  witnesses  as to any material inquiry
pertaining to the issuing of the license, and  if  the  applicant  is  a
divorced person the clerk may also require the production of a certified
copy  of  the decree of the divorce, or proof of an existing marriage of
parties who apply for a license to be used for a  second  or  subsequent
ceremony; provided, however, that in cities or towns the verified state-
ments and affidavits may be made before any regular clerk or designee of
the clerk's office.
  2. If it appears from the affidavits and statements so taken, AND FROM
THE  DOCUMENTARY  PROOF  OF  AGE  PRESENTED,  that the persons for whose
marriage the license in question is demanded are  legally  competent  to
marry,  the said clerk shall issue such license [except in the following
cases.  If it shall appear upon an application  that  the  applicant  is
under eighteen years of age, before the town or city clerk shall issue a
license,  he  shall  require  documentary proof of age in the form of an
original or certified copy of a birth record, a certification  of  birth
issued  by  the  state  department of health, a local registrar of vital
statistics or other public officer charged with similar  duties  by  the
laws of any other state, territory or country, a baptismal record, pass-
port,  automobile  driver's  license,  life insurance policy, employment
certificate, school record, immigration record, naturalization record or
court record, showing the date of birth of such minor. If  the  town  or
city  clerk  shall be in doubt as to whether an applicant claiming to be
over eighteen years of age is actually over eighteen years  of  age,  he
shall,  before  issuing such license, require documentary proof as above
defined].
  3. If it shall  appear  upon  an  application  of  the  applicants  as
provided  in this section or upon information required by the clerk that
either party is at least [sixteen] SEVENTEEN  years  of  age  but  under
eighteen years of age, then the town or city clerk before he shall issue
a license shall require:
  (A) the written consent to the marriage from both parents of the minor
or minors or such as shall then be living, or if the parents of both are
dead,  then  the  written  consent  of the guardian or guardians of such
minor or minors. If one of the parents has been missing and has not been
seen or heard from for a period of one year preceding the  time  of  the
application  for the license, although diligent inquiry has been made to
learn the whereabouts of such parent, the town or city clerk may issue a
license to such minor upon the sworn statement and consent of the  other
parent.  If the marriage of the parents of such minor has been dissolved
by decree of divorce or annulment, the consent of the parent to whom the
court  which  granted  the  decree has awarded the custody of such minor

S. 4407                             3

shall be sufficient. If there is no parent or guardian of the  minor  or
minors  living  to  their  knowledge  then  the town or city clerk shall
require the written consent to the marriage of the  person  under  whose
care  or government the minor or minors may be before a license shall be
issued. If a parent of such minor has been adjudicated  an  incompetent,
the  town  or  city  clerk  may  issue  a license to such minor upon the
production of a certified copy of such judgment so determining and  upon
the  written  consent  of  the other parent. If there is no other parent
whose consent is required by this section, then and in such  event,  the
town  or city clerk shall require the written consent of the guardian of
such minor or of the person under whose care or government the minor may
be before a license shall be issued. The parents,  guardians,  or  other
persons  whose consent it shall be necessary to obtain and file with the
town or city clerk before the  license  shall  issue,  shall  personally
appear  and  acknowledge  or  execute  the  same before the town or city
clerk, or some other officer authorized to  administer  oaths  and  take
acknowledgments  provided that where such affidavit or acknowledgment is
made before an official other than an officer designated in section  two
hundred ninety-eight of the real property law as authorized to take such
affidavit  or acknowledgment if a conveyance of real property were being
acknowledged or proved, or if a certificate of authentication  would  be
required  by section three hundred ten of the real property law to enti-
tle the instrument to be recorded if it were a conveyance of real  prop-
erty, the consent when filed must have attached thereto a certificate of
authentication[.]; AND
  [3. If it shall appear upon an application for a marriage license that
either  party  is under the age of sixteen years, the town or city clerk
shall require,  in  addition  to  any  consents  provided  for  in  this
section,]
  (B) the written approval and consent of a justice of the supreme court
or  of a judge of the family court, having jurisdiction over the town or
city in which the application is made, to be  attached  to  or  endorsed
upon  the application, before the license is issued. The application for
such approval and consent shall be heard by the judge at chambers.   THE
JUSTICE  OF  THE  SUPREME  COURT AND THE JUDGE OF THE FAMILY COURT SHALL
APPOINT AN ATTORNEY FOR THE CHILD FOR EACH MINOR PARTY IMMEDIATELY  UPON
THE  APPLICATION  FOR  APPROVAL  AND CONSENT. THE ATTORNEY FOR THE CHILD
MUST HAVE RECEIVED TRAINING IN DOMESTIC VIOLENCE INCLUDING  A  COMPONENT
ON FORCED MARRIAGE. All papers and records pertaining to any such appli-
cation  shall  be  sealed by him and withheld from inspection, except by
order of a court of competent jurisdiction.  BEFORE ISSUING APPROVAL AND
CONSENT, THE JUSTICE OF THE SUPREME COURT OR THE  JUDGE  OF  THE  FAMILY
COURT SHALL:
  (I)  PROVIDE  NOTIFICATION  TO  EACH MINOR PARTY OF HIS OR HER RIGHTS,
INCLUDING BUT  NOT  LIMITED  TO,  IN  RELATION  TO  TERMINATION  OF  THE
MARRIAGE,  CHILD  AND  SPOUSAL  SUPPORT,  AND ACCESS TO PUBLIC BENEFITS,
DOMESTIC VIOLENCE AND OTHER SERVICES, WHICH NOTIFICATION SHALL BE DEVEL-
OPED BY THE OFFICE OF COURT  ADMINISTRATION  IN  CONSULTATION  WITH  THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE;
  (II)  WITH  RESPECT  TO EACH PARTY, INCLUDING A MINOR PARTY, CONDUCT A
REVIEW OF RELATED DECISIONS IN COURT PROCEEDINGS INITIATED  PURSUANT  TO
ARTICLE  TEN  OF THE FAMILY COURT ACT, AND ALL WARRANTS ISSUED UNDER THE
FAMILY COURT ACT, AND REPORTS OF THE STATEWIDE COMPUTERIZED REGISTRY  OF
ORDERS  OF PROTECTION ESTABLISHED AND MAINTAINED PURSUANT TO SECTION TWO
HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW, AND REPORTS OF THE SEX OFFEN-

S. 4407                             4

DER REGISTRY ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE  HUNDRED
SIXTY-EIGHT-B OF THE CORRECTION LAW; AND
  (III)  HAVE  AN IN CAMERA INTERVIEW, SEPARATELY WITH EACH MINOR PARTY,
AND MAKE THE FOLLOWING WRITTEN AFFIRMATIVE FINDINGS:
  A. THAT IT IS THE MINOR'S OWN WILL  THAT  THE  MINOR  ENTER  INTO  THE
MARRIAGE;
  B. THAT THE MINOR IS NOT BEING COMPELLED BY FORCE, THREAT, PERSUASION,
FRAUD, COERCION OR DURESS; AND
  C.  THAT THE MARRIAGE WILL NOT ENDANGER THE MENTAL, EMOTIONAL OR PHYS-
ICAL SAFETY OF THE MINOR.
  IN MAKING SUCH FINDINGS, THE COURT SHALL CONSIDER, AMONG  OTHER  RELE-
VANT  FACTORS,  THE  AGE  DIFFERENCE BETWEEN THE PARTIES INTENDING TO BE
MARRIED, WHETHER THERE IS A POWER IMBALANCE BETWEEN THE PARTIES  INTEND-
ING  TO BE MARRIED, WHETHER THE PARTIES ARE INCAPABLE OF CONSENTING TO A
MARRIAGE FOR WANT OF UNDERSTANDING, WHETHER THERE IS A HISTORY OF DOMES-
TIC VIOLENCE BETWEEN THE PARTIES AND  WHETHER  THERE  IS  A  HISTORY  OF
DOMESTIC  VIOLENCE  BETWEEN A PARTY AND EITHER PARTIES' OR LEGAL GUARDI-
ANS' FAMILY MEMBERS. NEITHER CURRENT OR PAST PREGNANCY OF  EITHER  INDI-
VIDUAL,  NOR  THE  WISHES OF THE PARENTS OR LEGAL GUARDIANS OF THE MINOR
INTENDING TO BE MARRIED NOR THE EXISTENCE OF A PRIOR RELIGIOUS  MARRIAGE
SHALL BE THE SOLE BASIS FOR CONSENT OR APPROVAL UNDER THIS SUBDIVISION.
  UPON  THE  APPROVAL AND CONSENT OF THE JUSTICE OF THE SUPREME COURT OR
THE JUDGE OF THE FAMILY COURT OF THE APPLICATION TO  MARRY,  EACH  MINOR
PARTY  SHALL  HAVE  ALL  THE  RIGHTS  AND  RESPONSIBILITIES OF AN ADULT,
INCLUDING THE RIGHT TO ENTER INTO A CONTRACT, EXCEPT FOR THOSE  SPECIFIC
CONSTITUTIONAL  AND  STATUTORY AGE REQUIREMENTS SUCH AS, BUT NOT LIMITED
TO, VOTING, USE OF ALCOHOLIC BEVERAGES,  AND  OTHER  HEALTH  AND  SAFETY
REGULATIONS RELEVANT TO HIM OR HER BECAUSE OF HIS OR HER AGE.
  4.  IF IT SHALL APPEAR UPON AN APPLICATION FOR A MARRIAGE LICENSE THAT
EITHER PARTY IS UNDER THE AGE OF SEVENTEEN YEARS, THEN THE TOWN OR  CITY
CLERK SHALL NOT ISSUE A LICENSE TO MARRY.
  5.  Before  issuing any licenses herein provided for, the town or city
clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
paid  by the applicants before or at the time the license is issued. Any
town or city clerk who shall issue a license to marry any persons one or
both of whom shall not be at the time of the marriage under such license
legally competent to marry without first requiring the parties  to  such
marriage to make such affidavits and statements or who shall not require
the  production  of  documentary  proof  of  age or the procuring of the
approval and consents provided for by this  article,  which  shall  show
that  the  parties  authorized by said license to be married are legally
competent to marry, shall be guilty of a misdemeanor and  on  conviction
thereof  shall  be  fined in the sum of one hundred dollars for each and
every offense. On or before the fifteenth day of each month,  each  town
and  city  clerk,  except in the city of New York, shall transmit to the
state commissioner of health twenty-two dollars and fifty cents  of  the
amount  received  for  each  fee collected, which shall be paid into the
vital records management account as provided  by  section  ninety-seven-
cccc  of  the  state  finance  law.  In any city the balance of all fees
collected for the issuing of a marriage license, or  for  solemnizing  a
marriage,  so  far  as collected for services rendered by any officer or
employee of such city, shall be paid monthly into the city treasury  and
may  by  ordinance  be credited to any fund therein designated, and said
ordinance, when duly enacted, shall have the force of law in such  city.
Notwithstanding  any  other provisions of this article, the clerk of any
city with the approval of the governing body  of  such  city  is  hereby

S. 4407                             5

authorized  to designate, in writing filed in the city clerk's office, a
deputy clerk, if any, and/or other city  employees  in  such  office  to
receive  applications  for,  examine applications, investigate and issue
marriage  licenses in the absence or inability of the clerk of said city
to act, and said deputy and/or employees so designated are hereby vested
with all the powers and duties of said city clerk relative thereto. Such
deputy and/or employees shall perform  said  duties  without  additional
compensation.
  [4.]  6. Notwithstanding any other provision of this section, the city
clerk of the city of  New  York,  before  issuing  any  licenses  herein
provided  for,  shall be entitled to a fee of twenty-five dollars, which
sum shall be paid by the applicants before or at the time the license is
issued and all such fees so received shall be paid monthly into the city
treasury.
  § 2. Section 13-b of the domestic relations law, as amended by chapter
652 of the laws of 2007, is amended to read as follows:
  § 13-b. Time within which marriage may be solemnized. A marriage shall
not be solemnized within twenty-four hours after  the  issuance  of  the
marriage  license, unless authorized by an order of a court of record as
hereinafter provided, nor shall it be solemnized after sixty  days  from
the  date  of  the  issuance  of  the marriage license unless authorized
pursuant to section three hundred fifty-four-d  of  the  executive  law.
Every  license  to  marry  hereafter  issued by a town or city clerk, in
addition to other requirements specified by this chapter, must contain a
statement of the day and the hour the license is issued and  the  period
during which the marriage may be solemnized. It shall be the duty of the
clergyman  or  magistrate  performing  the  marriage ceremony, or if the
marriage is solemnized by written contract, of the judge before whom the
contract is acknowledged, to annex  to  or  endorse  upon  the  marriage
license the date and hour the marriage is solemnized. A judge or justice
of  the supreme court of this state or the county judge of the county in
which either party to be married resides, or if  such  party  is  [under
sixteen]  AT LEAST SEVENTEEN years of age, the judge of the family court
of such county, if it shall appear from an examination  of  the  license
and any other proofs submitted by the parties that one of the parties is
in  danger  of  imminent  death,  or by reason of other emergency public
interest will be promoted thereby, or that such delay will work irrepar-
able injury or great hardship upon the contracting parties,  or  one  of
them,  may,  UPON  MAKING WRITTEN AFFIRMATIVE FINDINGS UNDER SUBDIVISION
THREE OF SECTION FIFTEEN OF THIS ARTICLE, make an order authorizing  the
immediate  solemnization of the marriage and upon filing such order with
the clergyman or magistrate performing the marriage ceremony, or if  the
marriage  is to be solemnized by written contract, with the judge before
whom the contract is acknowledged,  such  clergyman  or  magistrate  may
solemnize  such  marriage, or such judge may take such acknowledgment as
the case may be, without waiting for such three day period  and  twenty-
four hour period to elapse. The clergyman, magistrate or judge must file
such  order  with  the  town or city clerk who issued the license within
five days after the marriage is solemnized.   Such town  or  city  clerk
must  record  and index the order in the book required to be kept by him
OR HER for recording affidavits, statements, consents and licenses,  and
when so recorded the order shall become a public record and available in
any  prosecution  under  this  section.  A  person who shall solemnize a
marriage in violation of this section shall be guilty of  a  misdemeanor
and upon conviction thereof shall be punished by a fine of fifty dollars

S. 4407                             6

for each offense, and in addition thereto, his OR HER right to solemnize
a marriage shall be suspended for ninety days.
  § 3. Section 15-a of the domestic relations law, as amended by chapter
126 of the laws of 1984, is amended to read as follows:
  §  15-a.  Marriages of minors under [fourteen] SEVENTEEN years of age.
Any marriage in which either party is under the age of [fourteen] SEVEN-
TEEN years is hereby prohibited. Any town or city clerk who shall  know-
ingly issue a marriage license to any persons, one or both of whom shall
be  at the time of their contemplated marriage actually under the age of
[fourteen] SEVENTEEN years, shall be guilty  of  a  misdemeanor  and  on
conviction thereof shall be fined in the sum of one hundred dollars.
  §  4.  This  act  shall  take  effect  immediately  and shall apply to
licenses issued on and after such effective date and to  marriages  that
have not been solemnized prior to such effective date.

Co-Sponsors

S4407A - Details

See Assembly Version of this Bill:: A5524
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§15, 13-b & 15-a, Dom Rel L
Versions Introduced in 2015-2016 Legislative Session:: A10685

S4407A - Summary

Increases the age of consent for purposes of marriage; prohibits marriages of minors under the age of seventeen years of age.

S4407A - Sponsor Memo

 BILL NUMBER:  S4407A

 TITLE OF BILL :  An act to amend the domestic relations law, in
relation to increasing the age of consent for purposes of marriage to
the age of seventeen

 PURPOSE :

To prohibit marriage of minors under seventeen years of age and to
amend the process to obtain court approval for marriage of persons at
least seventeen years of age but under eighteen years of age.

 SUMMARY OF PROVISIONS :

Section one amends subdivisions 1(a), 2 and 3 of section 15 of the
domestic relations law, paragraph (a) of subdivision 1, as amended by
chapter 4 5 of the laws of 2014, subdivision 2 as amended by chapter
126 of the laws of 1984 and subdivision 3 as amended by section 5 of
part W2 of chapter 62 of the laws of 2003, to provide that the town or
city clerk shall require each applicant for a marriage license to
present documentary proof of age as set forth in subdivision 1(a). If
it shall appear from the affidavits and statements taken and from the
documentary proof of age presented that the persons for whose marriage
a license is demanded are legally competent to marry, such clerk shall
issue the license. In cases where it shall appear that either party is
at least seventeen years of age but under eighteen years of age the

process by which a justice of the supreme court ot a judge of the
family court having jurisdiction over the town or city in which the
application is made is amended to provide, among other things: (i) the
appointment of an attorney for the child for each minor party which
attorney shall have received training in domestic violence including a
component on forced marriage; (ii) the sealing of all papers and
records pertaining to any such application; (iii) prior to issuing
approval and consent, notification to each minor party of his or her
rights, including but not limited to, in relation to termination of
the marriage, child and spousal support, and access to public benefits
and domestic violence and other services, which notification shall be
developed by the office of court administration in consultation with
the office for the prevention of domestic violence, conducting with
respect to each party a review of related decisions in court
proceedings initiated pursuant to article ten of the family court act,
and all warrants issued under the family court act, reports of the
statewide computerized registry of orders of protection under section
two hundred twenty-one-a of the executive law, and reports of the sex
offender registry under section one hundred sixty-eight-b of the
correction law, and the holding by the justice of the supreme court or
a judge of the family court of an in camera interview, separately with
each minor party, such justice of the supreme court or a judge of the
family court required to make written affirmative findings specified
in subdivision 3, taking into consideration, among other relevant
factors, the factors set forth is said subdivision 3. Neither current
or past pregnancy of either individual, nor the wishes of the parents
or legal guardians of the minor intending to be married nor the
existence of a prior religious marriage shall be the sole basis for
consent or approval under this subdivision. This section further
provides that upon the approval and consent of the justice of the
supreme court or the judge of the family court of the application to
marry, each minor party shall have all the rights and responsibilities
of an adult, including the right to enter into a contract, except for
those specific constitutional and statutory age requirements such as,
but not limited to, voting, use of alcoholic beverages, and other
health and safety regulations relevant to him or her because of his or
her age. If it shall appear upon an application for a marriage license
that either party is under the age of seventeen years, then th e town
or city clerk shall not issue a license to marry.

Section two amends section 13-b of the domestic relations law, as
amended by chapter 652 of the laws of 2007, to allow the solemnization
of marriage permitted under this section of a party to be married to
at least seventeen years of age in lieu of under sixteen upon making
written affirmative findings required under subdivision 3 of section
15 of the domestic relations law.

Section three amends section 15-a of the domestic relations law, as
amended by chapter 126 of the laws of 1984, to increase the age of
minors who are prohibited from marrying to under seventeen from under
fourteen.

Section four provides the effective date.

 JUSTIFICATION :

As highlighted in a New York Times Op-Ed (Fraidy Reiss, "America's
Child-Marriage Problem," Oct. 13, 2015), a survey by the Tahirih
Justice Center identified 3,000 known or suspected cases of forced
marriage in the United States between 2009 td 2011, many of which
involved girls under age 18. Parents force their children into
marriages, citing reasons such as protecting "family honor,"
controlling the child's behavior and/or sexuality, and enhancing the
family's status. Such reasons are reminiscent of the reasons for
allowing girls age fourteen and over but under age sixteen to marry
with court approval in 1929. The occurrence of child marriage is not
limited to a particular culture or religion, but is widespread in the
United States (Reiss). Child marriage or forced marriage, or both,
occur in families across faiths, including Muslim, Christian, Hindu,
Buddhist, Sikh, Orthodox Jew, Mormon and Unification Church (2011
National Survey Results, Tahirih Justice Center). Tactics such as
threats of ostracism, beatings or death are used to force children to
marry against their will.

According to Reiss, data from the State Department of Health reveal
that in the period 2000-2010, 3,853 children were married in New York.
In 2013 alone, there were 80 marriages in New York, outside of New
York City, where at least one party was under age eighteen (New York
State Department of Health Table 46: Marriages by Age of Bride and Age
of Groom - New York State Exclusive of New York City).

Based on anecdotal evidence, we have learned that the court approval
process under current law for the authorization of marriage of persons
under sixteen years of age has not provided adequate protections for a
child against abuse and fraud on the part of parents or guardians to
force a child into marriage. This legislation will strengthen the
process as applied to marriage of persons at least seventeen but under
eighteen years of age.

Under Penal Law, a child under 17 does not have the capacity to
consent to sex. It is statutory rape for an adult to have sex with a
16-year old but if he is married to her he can force her to have
non-consensual sex as often as he likes. We have learned that marriage
at any age before 18, undermines girls' health, education and economic
opportunities, and increases their likelihood of experiencing
violence. Clinton Foundation & Gates Foundation, No Ceilings: The Full
Participation Report: Highlights (Mar. 2015), at

As a matter of public policy, no parent or court should be permitted
to bind a child under the age of seventeen to a contract where the
child lacks the capacity as well as the opportunity to consent.

 LEGISLATIVE. HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to licenses issued on and after such
effective date and to marriages that have not been solemnized prior to
such effective date.

S4407A - Bill Text download pdf


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

                                 4407--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 14, 2017
                               ___________

Introduced  by Sens. LANZA, FUNKE -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the domestic relations law, in  relation  to  increasing
  the age of consent for purposes of marriage to the age of seventeen

  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, and subdivisions 2, 3 and 4
of section 15 of the domestic relations law, paragraph (a)  of  subdivi-
sion  1  as amended by chapter 415 of the laws of 2014, subdivision 2 as
amended by chapter 126 of the laws of 1984, subdivision 3 as amended  by
section 5 of part W2 of chapter 62 of the laws of 2003 and subdivision 4
as  amended  by  chapter 424 of the laws of 1990, are amended to read as
follows:
  (a) It shall be the duty of the town or city clerk when an application
for a marriage license is made to him or her  to  require  each  of  the
contracting  parties  to sign and verify a statement or affidavit before
such clerk or one of his  or  her  deputies,  containing  the  following
information.  From [the groom] PARTY ONE:  Full name [of husband], place
of residence, social security number, age, occupation, place  of  birth,
name  of  father,  country  of  birth, maiden name of mother, country of
birth, number of marriage. From [the bride] PARTY TWO:   Full  name  [of
bride],  place  of  residence,  social security number, age, occupation,
place of birth, name of father, country of birth, maiden name of mother,
country of birth,  number  of  marriage.  BOTH  PARTIES  SHALL  ALSO  BE
REQUIRED TO PRESENT TO THE CLERK DOCUMENTARY PROOF OF AGE IN THE FORM OF
AN  ORIGINAL  OR  CERTIFIED  COPY  OF A BIRTH RECORD, A CERTIFICATION OF
BIRTH ISSUED BY THE STATE DEPARTMENT OF HEALTH,  A  LOCAL  REGISTRAR  OF
VITAL  STATISTICS OR OTHER PUBLIC OFFICER CHARGED WITH SIMILAR DUTIES BY
THE LAWS OF ANY OTHER STATE, TERRITORY OR COUNTRY, A BAPTISMAL RECORD, A

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

                                                           LBD07462-06-7

S. 4407--A                          2

PASSPORT, AN AUTOMOBILE  DRIVER'S  LICENSE,  ANY  GOVERNMENT  OR  SCHOOL
ISSUED  IDENTIFICATION CARD THAT CONTAINS A PHOTOGRAPH OF THE APPLICANT,
A LIFE INSURANCE POLICY, AN EMPLOYMENT CERTIFICATE, A SCHOOL RECORD,  AN
IMMIGRATION RECORD, A NATURALIZATION RECORD, A COURT RECORD OR ANY OTHER
DOCUMENT  OR RECORD ISSUED BY A GOVERNMENTAL ENTITY, SHOWING THE DATE OF
BIRTH OF SUCH PARTIES. The said clerk shall also embody in the statement
if either or both of the applicants  have  been  previously  married,  a
statement  as  to  whether the former [husband or husbands or the former
wife or wives] SPOUSE OR SPOUSES of the respective applicants are living
or dead and as to whether either or both of said applicants are divorced
persons, if so, when and where and against whom the divorce or  divorces
were  granted  and  shall  also embody therein a statement that no legal
impediment exists as to the right of each of  the  applicants  to  enter
into  the  marriage  state.  The town or city clerk is hereby given full
power and authority to administer oaths and may require  the  applicants
to  produce witnesses to identify them or either of them and may examine
under oath or otherwise other  witnesses  as  to  any  material  inquiry
pertaining  to  the  issuing  of  the license, and if the applicant is a
divorced person the clerk may also require the production of a certified
copy of the decree of the divorce, or proof of an existing  marriage  of
parties  who  apply  for a license to be used for a second or subsequent
ceremony; provided, however, that in cities or towns the verified state-
ments and affidavits may be made before any regular clerk or designee of
the clerk's office.
  2. If it appears from the affidavits and statements so taken, AND FROM
THE DOCUMENTARY PROOF OF AGE  PRESENTED,  that  the  persons  for  whose
marriage  the  license  in question is demanded are legally competent to
marry, the said clerk shall issue such license [except in the  following
cases.    If  it  shall appear upon an application that the applicant is
under eighteen years of age, before the town or city clerk shall issue a
license, he shall require documentary proof of age in  the  form  of  an
original  or  certified copy of a birth record, a certification of birth
issued by the state department of health, a  local  registrar  of  vital
statistics  or  other  public officer charged with similar duties by the
laws of any other state, territory or country, a baptismal record, pass-
port, automobile driver's license,  life  insurance  policy,  employment
certificate, school record, immigration record, naturalization record or
court  record,  showing  the date of birth of such minor. If the town or
city clerk shall be in doubt as to whether an applicant claiming  to  be
over  eighteen  years  of age is actually over eighteen years of age, he
shall, before issuing such license, require documentary proof  as  above
defined].
  3.  If  it  shall  appear  upon  an  application  of the applicants as
provided in this section or upon information required by the clerk  that
either  party  is  at  least  [sixteen] SEVENTEEN years of age but under
eighteen years of age, then the town or city clerk before he shall issue
a license shall require:
  (A) the written consent to the marriage from both parents of the minor
or minors or such as shall then be living, or if the parents of both are
dead, then the written consent of the  guardian  or  guardians  of  such
minor or minors. If one of the parents has been missing and has not been
seen  or  heard  from for a period of one year preceding the time of the
application for the license, although diligent inquiry has been made  to
learn the whereabouts of such parent, the town or city clerk may issue a
license  to such minor upon the sworn statement and consent of the other
parent.  If the marriage of the parents of such minor has been dissolved

S. 4407--A                          3

by decree of divorce or annulment, the consent of the parent to whom the
court which granted the decree has awarded the  custody  of  such  minor
shall  be  sufficient. If there is no parent or guardian of the minor or
minors  living  to  their  knowledge  then  the town or city clerk shall
require the written consent to the marriage of the  person  under  whose
care  or government the minor or minors may be before a license shall be
issued. If a parent of such minor has been adjudicated  an  incompetent,
the  town  or  city  clerk  may  issue  a license to such minor upon the
production of a certified copy of such judgment so determining and  upon
the  written  consent  of  the other parent. If there is no other parent
whose consent is required by this section, then and in such  event,  the
town  or city clerk shall require the written consent of the guardian of
such minor or of the person under whose care or government the minor may
be before a license shall be issued. The parents,  guardians,  or  other
persons  whose consent it shall be necessary to obtain and file with the
town or city clerk before the  license  shall  issue,  shall  personally
appear  and  acknowledge  or  execute  the  same before the town or city
clerk, or some other officer authorized to  administer  oaths  and  take
acknowledgments  provided that where such affidavit or acknowledgment is
made before an official other than an officer designated in section  two
hundred ninety-eight of the real property law as authorized to take such
affidavit  or acknowledgment if a conveyance of real property were being
acknowledged or proved, or if a certificate of authentication  would  be
required  by section three hundred ten of the real property law to enti-
tle the instrument to be recorded if it were a conveyance of real  prop-
erty, the consent when filed must have attached thereto a certificate of
authentication[.]; AND
  [3. If it shall appear upon an application for a marriage license that
either  party  is under the age of sixteen years, the town or city clerk
shall require,  in  addition  to  any  consents  provided  for  in  this
section,]
  (B) the written approval and consent of a justice of the supreme court
or  of a judge of the family court, having jurisdiction over the town or
city in which the application is made, to be  attached  to  or  endorsed
upon  the application, before the license is issued. The application for
such approval and consent shall be heard by the judge at chambers.   THE
JUSTICE  OF  THE  SUPREME  COURT AND THE JUDGE OF THE FAMILY COURT SHALL
APPOINT AN ATTORNEY FOR THE CHILD FOR EACH MINOR PARTY IMMEDIATELY  UPON
THE  APPLICATION  FOR  APPROVAL  AND CONSENT. THE ATTORNEY FOR THE CHILD
MUST HAVE RECEIVED TRAINING IN DOMESTIC VIOLENCE INCLUDING  A  COMPONENT
ON FORCED MARRIAGE. All papers and records pertaining to any such appli-
cation  shall  be  sealed by him and withheld from inspection, except by
order of a court of competent jurisdiction.  BEFORE ISSUING APPROVAL AND
CONSENT, THE JUSTICE OF THE SUPREME COURT OR THE  JUDGE  OF  THE  FAMILY
COURT SHALL:
  (I)  PROVIDE  NOTIFICATION  TO  EACH MINOR PARTY OF HIS OR HER RIGHTS,
INCLUDING BUT  NOT  LIMITED  TO,  IN  RELATION  TO  TERMINATION  OF  THE
MARRIAGE,  CHILD  AND  SPOUSAL  SUPPORT,  AND ACCESS TO PUBLIC BENEFITS,
DOMESTIC VIOLENCE AND OTHER SERVICES, WHICH NOTIFICATION SHALL BE DEVEL-
OPED BY THE OFFICE OF COURT  ADMINISTRATION  IN  CONSULTATION  WITH  THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE;
  (II)  WITH  RESPECT  TO EACH PARTY, INCLUDING A MINOR PARTY, CONDUCT A
REVIEW OF RELATED DECISIONS IN COURT PROCEEDINGS INITIATED  PURSUANT  TO
ARTICLE  TEN  OF THE FAMILY COURT ACT, AND ALL WARRANTS ISSUED UNDER THE
FAMILY COURT ACT, AND REPORTS OF THE STATEWIDE COMPUTERIZED REGISTRY  OF
ORDERS  OF PROTECTION ESTABLISHED AND MAINTAINED PURSUANT TO SECTION TWO

S. 4407--A                          4

HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW, AND REPORTS OF THE SEX OFFEN-
DER REGISTRY ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE  HUNDRED
SIXTY-EIGHT-B OF THE CORRECTION LAW; AND
  (III)  HAVE  AN IN CAMERA INTERVIEW, SEPARATELY WITH EACH MINOR PARTY,
AND MAKE THE FOLLOWING WRITTEN AFFIRMATIVE FINDINGS:
  A. THAT IT IS THE MINOR'S OWN WILL  THAT  THE  MINOR  ENTER  INTO  THE
MARRIAGE;
  B. THAT THE MINOR IS NOT BEING COMPELLED BY FORCE, THREAT, PERSUASION,
FRAUD, COERCION OR DURESS; AND
  C.  THAT THE MARRIAGE WILL NOT ENDANGER THE MENTAL, EMOTIONAL OR PHYS-
ICAL SAFETY OF THE MINOR.
  IN MAKING SUCH FINDINGS, THE COURT SHALL CONSIDER, AMONG  OTHER  RELE-
VANT  FACTORS,  THE  AGE  DIFFERENCE BETWEEN THE PARTIES INTENDING TO BE
MARRIED, WHETHER THERE IS A POWER IMBALANCE BETWEEN THE PARTIES  INTEND-
ING  TO BE MARRIED, WHETHER THE PARTIES ARE INCAPABLE OF CONSENTING TO A
MARRIAGE FOR WANT OF UNDERSTANDING, WHETHER THERE IS A HISTORY OF DOMES-
TIC VIOLENCE BETWEEN THE PARTIES AND  WHETHER  THERE  IS  A  HISTORY  OF
DOMESTIC  VIOLENCE  BETWEEN A PARTY AND EITHER PARTIES' OR LEGAL GUARDI-
ANS' FAMILY MEMBERS. NEITHER CURRENT OR PAST PREGNANCY OF  EITHER  INDI-
VIDUAL,  NOR  THE  WISHES OF THE PARENTS OR LEGAL GUARDIANS OF THE MINOR
INTENDING TO BE MARRIED NOR THE EXISTENCE OF A PRIOR RELIGIOUS  MARRIAGE
SHALL BE THE SOLE BASIS FOR CONSENT OR APPROVAL UNDER THIS SUBDIVISION.
  UPON  THE  APPROVAL AND CONSENT OF THE JUSTICE OF THE SUPREME COURT OR
THE JUDGE OF THE FAMILY COURT OF THE APPLICATION TO  MARRY,  EACH  MINOR
PARTY  SHALL  HAVE  ALL  THE  RIGHTS  AND  RESPONSIBILITIES OF AN ADULT,
INCLUDING THE RIGHT TO ENTER INTO A CONTRACT, EXCEPT FOR THOSE  SPECIFIC
CONSTITUTIONAL  AND  STATUTORY AGE REQUIREMENTS SUCH AS, BUT NOT LIMITED
TO, VOTING, USE OF ALCOHOLIC BEVERAGES,  AND  OTHER  HEALTH  AND  SAFETY
REGULATIONS RELEVANT TO HIM OR HER BECAUSE OF HIS OR HER AGE.
  4.  IF IT SHALL APPEAR UPON AN APPLICATION FOR A MARRIAGE LICENSE THAT
EITHER PARTY IS UNDER THE AGE OF SEVENTEEN YEARS, THEN THE TOWN OR  CITY
CLERK SHALL NOT ISSUE A LICENSE TO MARRY.
  5.  Before  issuing any licenses herein provided for, the town or city
clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
paid  by the applicants before or at the time the license is issued. Any
town or city clerk who shall issue a license to marry any persons one or
both of whom shall not be at the time of the marriage under such license
legally competent to marry without first requiring the parties  to  such
marriage to make such affidavits and statements or who shall not require
the  production  of  documentary  proof  of  age or the procuring of the
approval and consents provided for by this  article,  which  shall  show
that  the  parties  authorized by said license to be married are legally
competent to marry, shall be guilty of a misdemeanor and  on  conviction
thereof  shall  be  fined in the sum of one hundred dollars for each and
every offense. On or before the fifteenth day of each month,  each  town
and  city  clerk,  except in the city of New York, shall transmit to the
state commissioner of health twenty-two dollars and fifty cents  of  the
amount  received  for  each  fee collected, which shall be paid into the
vital records management account as provided  by  section  ninety-seven-
cccc  of  the  state  finance  law.  In any city the balance of all fees
collected for the issuing of a marriage license, or  for  solemnizing  a
marriage,  so  far  as collected for services rendered by any officer or
employee of such city, shall be paid monthly into the city treasury  and
may  by  ordinance  be credited to any fund therein designated, and said
ordinance, when duly enacted, shall have the force of law in such  city.
Notwithstanding  any  other provisions of this article, the clerk of any

S. 4407--A                          5

city with the approval of the governing body  of  such  city  is  hereby
authorized  to designate, in writing filed in the city clerk's office, a
deputy clerk, if any, and/or other city  employees  in  such  office  to
receive  applications  for,  examine applications, investigate and issue
marriage licenses in the absence or inability of the clerk of said  city
to act, and said deputy and/or employees so designated are hereby vested
with all the powers and duties of said city clerk relative thereto. Such
deputy  and/or  employees  shall  perform said duties without additional
compensation.
  [4.] 6. Notwithstanding any other provision of this section, the  city
clerk  of  the  city  of  New  York,  before issuing any licenses herein
provided for, shall be entitled to a fee of twenty-five  dollars,  which
sum shall be paid by the applicants before or at the time the license is
issued and all such fees so received shall be paid monthly into the city
treasury.
  § 2. Section 13-b of the domestic relations law, as amended by chapter
652 of the laws of 2007, is amended to read as follows:
  § 13-b. Time within which marriage may be solemnized. A marriage shall
not  be  solemnized  within  twenty-four hours after the issuance of the
marriage license, unless authorized by an order of a court of record  as
hereinafter  provided,  nor shall it be solemnized after sixty days from
the date of the issuance  of  the  marriage  license  unless  authorized
pursuant  to  section  three  hundred fifty-four-d of the executive law.
Every license to marry hereafter issued by a  town  or  city  clerk,  in
addition to other requirements specified by this chapter, must contain a
statement  of  the day and the hour the license is issued and the period
during which the marriage may be solemnized. It shall be the duty of the
clergyman or magistrate performing the  marriage  ceremony,  or  if  the
marriage is solemnized by written contract, of the judge before whom the
contract  is  acknowledged,  to  annex  to  or endorse upon the marriage
license the date and hour the marriage is solemnized. A judge or justice
of the supreme court of this state or the county judge of the county  in
which  either  party  to  be married resides, or if such party is [under
sixteen] AT LEAST SEVENTEEN years of age, the judge of the family  court
of  such  county,  if it shall appear from an examination of the license
and any other proofs submitted by the parties that one of the parties is
in danger of imminent death, or by  reason  of  other  emergency  public
interest will be promoted thereby, or that such delay will work irrepar-
able  injury  or  great hardship upon the contracting parties, or one of
them, may, UPON MAKING WRITTEN AFFIRMATIVE  FINDINGS  UNDER  SUBDIVISION
THREE  OF SECTION FIFTEEN OF THIS ARTICLE, make an order authorizing the
immediate solemnization of the marriage and upon filing such order  with
the  clergyman or magistrate performing the marriage ceremony, or if the
marriage is to be solemnized by written contract, with the judge  before
whom  the  contract  is  acknowledged,  such clergyman or magistrate may
solemnize such marriage, or such judge may take such  acknowledgment  as
the  case  may be, without waiting for such three day period and twenty-
four hour period to elapse. The clergyman, magistrate or judge must file
such order with the town or city clerk who  issued  the  license  within
five  days  after  the marriage is solemnized.   Such town or city clerk
must record and index the order in the book required to be kept  by  him
OR  HER for recording affidavits, statements, consents and licenses, and
when so recorded the order shall become a public record and available in
any prosecution under this section.  A  person  who  shall  solemnize  a
marriage  in  violation of this section shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of fifty dollars

S. 4407--A                          6

for each offense, and in addition thereto, his OR HER right to solemnize
a marriage shall be suspended for ninety days.
  § 3. Section 15-a of the domestic relations law, as amended by chapter
126 of the laws of 1984, is amended to read as follows:
  §  15-a.  Marriages of minors under [fourteen] SEVENTEEN years of age.
Any marriage in which either party is under the age of [fourteen] SEVEN-
TEEN years is hereby prohibited. Any town or city clerk who shall  know-
ingly issue a marriage license to any persons, one or both of whom shall
be  at the time of their contemplated marriage actually under the age of
[fourteen] SEVENTEEN years, shall be guilty  of  a  misdemeanor  and  on
conviction thereof shall be fined in the sum of one hundred dollars.
  §  4.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to licenses issued on and  after  such
effective  date  and to marriages that have not been solemnized prior to
such effective date.

Co-Sponsors

S4407B (ACTIVE) - Details

See Assembly Version of this Bill:: A5524
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§15, 13-b & 15-a, Dom Rel L
Versions Introduced in 2015-2016 Legislative Session:: A10685

S4407B (ACTIVE) - Summary

Increases the age of consent for purposes of marriage; prohibits marriages of minors under the age of seventeen years of age.

S4407B (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4407B

 TITLE OF BILL :  An act to amend the domestic relations law, in
relation to increasing the age of consent for purposes of marriage to
the age of seventeen

 PURPOSE :

To prohibit marriage of minors under seventeen years of age and to
amend the process to obtain court approval for marriage of persons at
least seventeen years of age but under eighteen years of age.

 SUMMARY OF PROVISIONS :

Section one amends subdivisions 1(a), 2 and 3 of section 15 of the
domestic relations law, paragraph (a) of subdivision 1, as amended by
chapter 415 of the laws of'2014, subdivision 2 as amended by chapter
126 of the laws of 1984 and subdivision 3 as amended by section 5 of
part W2 of chapter 62 of the laws of 2003, to provide that the town or
city clerk shall require each applicant for a marriage license to
present documentary proof of age as set forth in subdivision 1(a). If
it shall appear from the affidavits and statements taken and from the
documentary proof of age presented that the persons for whose marriage
a license is demanded are legally competent to marry, such clerk shall
issue the license. In cases where it shall appear that either party is
at least seventeen years of age but under eighteen years of age the

process by which the written approval of a justice of the supreme
court or a judge of the family court having jurisdiction over the town
or city in which the application is made must be obtained is amended
to provide for, among other things: (i) the appointment of an attorney
for the child for each minor party which attorney shall have received
training in domestic violence including a component on forced
marriage; and (ii) prior to the justice of the supreme court or the
judge of the family court issuing approval, such justice of the
supreme court or judge of the family court shall (1) provide
notification to each minor party of his or her rights, including but
not limited to, in relation to termination of the marriage, child and
spousal support, domestic violence services and access to public
benefits and other services, which notification shall be developed by
the office of court administration in consultation with the office for
the prevention of domestic violence, (2) conduct, with respect to each
party, including a minor party, a review of related decisions in court
proceedings initiated pursuant to article ten of the family court act,
and all warrants issued under the family court act, reports of the
statewide computerized registry of orders of protection under section
two hundred twenty-one-a of the executive law, and reports of the sex
offender registry under section one hundred sixty-eight-b of the
correction law, and (3) hold an in camera interview, separately with
each minor party, and make written affirmative findings specified in
subdivision 3, taking into consideration, among other relevant
factors, the factors set forth in said subdivision 3. The wishes of
the parents or legal guardians of the minor intending to be married
shall not be the sole basis for consent or approval under this
subdivision. This section further provides that upon the approval of
the justice of the supreme court or the judge of the family court of
the application to marry, each minor party shall have all the rights
of an adult, including the right to enter into a contract, except for
those specific constitutional and statutory age requirements such as,
but not limited to, voting, use of alcoholic beverages, and other
health or safety statutes relevant to him or her because of his or her
age.

Section two amends section 13-b of the domestic relations law, as
amended by chapter 652 of the laws of 2007, to allow the solemnization
of marriage permitted under this section of a party to be married to
at least seventeen years of age in lieu of under sixteen upon making
written affirmative findings required under subdivision 3 of section
15 of the domestic relations law.

Section three amends section 15-a of the domestic relations law, as
amended by chapter 126 of the laws of 1984, to increase the age of
minors who are prohibited from marrying to under seventeen from under
fourteen.

Section four provides the effective date.

 JUSTIFICATION :

As highlighted in a New York Times Op-Ed (Fraidy Reiss, "America's
Child-Marriage Problem," Oct. 13, 2015), a survey by the Tahirih
Justice Center identified 3,000 known or suspected cases of forced
marriage in the United States between 2009 to 2011, many of which
involved girls under age 18. Parents force their children into
marriages, citing reasons such as protecting "family honor,"
controlling the child's behavior and/or sexuality, and enhancing the
family's status. Such reasons are reminiscent of the reasons for
allowing girls age fourteen and over but under age sixteen to marry
with court approval in 1929. The occurrence of child marriage is not
limited to a particular culture or religion, but is widespread in the
United States (Reiss). Child marriage or forced marriage, or both,
occur in families across faiths, including Muslim, Christian, Hindu,
Buddhist, Sikh, Orthodox Jew, Mormon and Unification Church (2011
National Survey Results, Tahirih Justice Center). Tactics such as
threats of ostracism, beatings or death are used to force children to
marry against their will.

According to Reiss, data from the State Department of Health reveal
that in the period 2000-2010, 3,853 children were married in New York.
In 2013 alone, there were 80 marriages in New York, outside of New
York City, where at least one party was under age eighteen (New York
State Department of Health Table 46: Marriages by Age of Bride and Age
of Groom - New York State Exclusive of New York City).

Based on anecdotal evidence, we have learned that the court approval
process under current law for the authorization of marriage of persons
under sixteen years of age has not provided adequate protections for a
child against abuse and fraud on the part of parents or guardians to
force a child into marriage. This legislation will strengthen the
process as applied to marriage of persons at least seventeen but under
eighteen years of age.

Under Penal Law, a child under 17 does not have the capacity to
consent to sex. It is statutory rape for an adult to have sex with a
16-year old but if he is married to her he can force her to have
non-consensual sex as often as he likes. We have learned that marriage
at any age before 18, undermines girls' health, education and economic
opportunities, and increases their likelihood of experiencing
violence. Clinton Foundation & Gates Foundation, No Ceilings: The Full
Participation Report: Highlights (Mar. 2015), at As a matter of public
policy, no parent or court should be permitted to bind a child under
the age of seventeen to a contract where the child lacks the capacity
as well as the opportunity to consent.

 LEGISLATIVE HISTORY :

A.10685, referred to judiciary.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to licenses issued on and after such
effective date and to marriages that have not been solemnized prior to
such effective date.

S4407B (ACTIVE) - Bill Text download pdf


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

                                 4407--B
    Cal. No. 404

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 14, 2017
                               ___________

Introduced  by Sens. LANZA, ALCANTARA, FUNKE, GALLIVAN, HAMILTON -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Judiciary -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged  and  said  bill  committed  to  the  Committee on Rules --
  reported favorably from said committee, ordered to  a  third  reading,
  passed  by Senate and delivered to the Assembly, recalled, vote recon-
  sidered, 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, in relation to increasing
  the age of consent for purposes of marriage to the age of seventeen

  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, and subdivisions 2, 3 and 4
of  section  15 of the domestic relations law, paragraph (a) of subdivi-
sion 1 as amended by chapter 415 of the laws of 2014, subdivision  2  as
amended  by chapter 126 of the laws of 1984, subdivision 3 as amended by
section 5 of part W2 of chapter 62 of the laws of 2003 and subdivision 4
as amended by chapter 424 of the laws of 1990, are amended  to  read  as
follows:
  (a) It shall be the duty of the town or city clerk when an application
for  a  marriage  license  is  made to him or her to require each of the
contracting parties to sign and verify a statement or  affidavit  before
such  clerk  or  one  of  his  or her deputies, containing the following
information. From [the groom] PARTY ONE:  Full name [of husband],  place
of  residence,  social security number, age, occupation, place of birth,
name of father, country of birth, maiden  name  of  mother,  country  of
birth,  number  of  marriage. From [the bride] PARTY TWO:  Full name [of
bride], place of residence, social  security  number,  age,  occupation,
place of birth, name of father, country of birth, maiden name of mother,
country  of  birth,  number  of  marriage.  BOTH  PARTIES  SHALL ALSO BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD07462-10-7

S. 4407--B                          2

REQUIRED TO PRESENT TO THE CLERK DOCUMENTARY PROOF OF AGE IN THE FORM OF
AN ORIGINAL OR CERTIFIED COPY OF A  BIRTH  RECORD,  A  CERTIFICATION  OF
BIRTH  ISSUED  BY  THE  STATE DEPARTMENT OF HEALTH, A LOCAL REGISTRAR OF
VITAL  STATISTICS OR OTHER PUBLIC OFFICER CHARGED WITH SIMILAR DUTIES BY
THE LAWS OF ANY OTHER STATE, TERRITORY OR COUNTRY, A BAPTISMAL RECORD, A
PASSPORT, AN AUTOMOBILE  DRIVER'S  LICENSE,  ANY  GOVERNMENT  OR  SCHOOL
ISSUED  IDENTIFICATION CARD THAT CONTAINS A PHOTOGRAPH OF THE APPLICANT,
A LIFE INSURANCE POLICY, AN EMPLOYMENT CERTIFICATE, A SCHOOL RECORD,  AN
IMMIGRATION RECORD, A NATURALIZATION RECORD, A COURT RECORD OR ANY OTHER
DOCUMENT  OR RECORD ISSUED BY A GOVERNMENTAL ENTITY, SHOWING THE DATE OF
BIRTH OF SUCH PARTIES. The said clerk shall also embody in the statement
if either or both of the applicants  have  been  previously  married,  a
statement  as  to  whether the former [husband or husbands or the former
wife or wives] SPOUSE OR SPOUSES of the respective applicants are living
or dead and as to whether either or both of said applicants are divorced
persons, if so, when and where and against whom the divorce or  divorces
were  granted  and  shall  also embody therein a statement that no legal
impediment exists as to the right of each of  the  applicants  to  enter
into  the  marriage  state.  The town or city clerk is hereby given full
power and authority to administer oaths and may require  the  applicants
to  produce witnesses to identify them or either of them and may examine
under oath or otherwise other  witnesses  as  to  any  material  inquiry
pertaining  to  the  issuing  of  the license, and if the applicant is a
divorced person the clerk may also require the production of a certified
copy of the decree of the divorce, or proof of an existing  marriage  of
parties  who  apply  for a license to be used for a second or subsequent
ceremony; provided, however, that in cities or towns the verified state-
ments and affidavits may be made before any regular clerk or designee of
the clerk's office.
  2. If it appears from the affidavits and statements so taken, AND FROM
THE DOCUMENTARY PROOF OF AGE  PRESENTED,  that  the  persons  for  whose
marriage  the  license  in question is demanded are legally competent to
marry, the said clerk shall issue such license [except in the  following
cases.    If  it  shall appear upon an application that the applicant is
under eighteen years of age, before the town or city clerk shall issue a
license, he shall require documentary proof of age in  the  form  of  an
original  or  certified copy of a birth record, a certification of birth
issued by the state department of health, a  local  registrar  of  vital
statistics  or  other  public officer charged with similar duties by the
laws of any other state, territory or country, a baptismal record, pass-
port, automobile driver's license,  life  insurance  policy,  employment
certificate, school record, immigration record, naturalization record or
court  record,  showing  the date of birth of such minor. If the town or
city clerk shall be in doubt as to whether an applicant claiming  to  be
over  eighteen  years  of age is actually over eighteen years of age, he
shall, before issuing such license, require documentary proof  as  above
defined].
  3.  If  it  shall  appear  upon  an  application  of the applicants as
provided in this section or upon information required by the clerk  that
either  party  is  at  least  [sixteen] SEVENTEEN years of age but under
eighteen years of age, then the town or city clerk before he shall issue
a license shall require:
  (A) the written consent to the marriage from both parents of the minor
or minors or such as shall then be living, or if the parents of both are
dead, then the written consent of the  guardian  or  guardians  of  such
minor or minors. If one of the parents has been missing and has not been

S. 4407--B                          3

seen  or  heard  from for a period of one year preceding the time of the
application for the license, although diligent inquiry has been made  to
learn the whereabouts of such parent, the town or city clerk may issue a
license  to such minor upon the sworn statement and consent of the other
parent.  If the marriage of the parents of such minor has been dissolved
by decree of divorce or annulment, the consent of the parent to whom the
court which granted the decree has awarded the  custody  of  such  minor
shall  be  sufficient. If there is no parent or guardian of the minor or
minors living to their knowledge then  the  town  or  city  clerk  shall
require  the  written  consent to the marriage of the person under whose
care or government the minor or minors may be before a license shall  be
issued.  If  a parent of such minor has been adjudicated an incompetent,
the town or city clerk may issue  a  license  to  such  minor  upon  the
production  of a certified copy of such judgment so determining and upon
the written consent of the other parent. If there  is  no  other  parent
whose  consent  is required by this section, then and in such event, the
town or city clerk shall require the written consent of the guardian  of
such minor or of the person under whose care or government the minor may
be  before  a  license shall be issued. The parents, guardians, or other
persons whose consent it shall be necessary to obtain and file with  the
town  or  city  clerk  before  the license shall issue, shall personally
appear and acknowledge or execute the  same  before  the  town  or  city
clerk,  or  some  other  officer authorized to administer oaths and take
acknowledgments provided that where such affidavit or acknowledgment  is
made  before an official other than an officer designated in section two
hundred ninety-eight of the real property law as authorized to take such
affidavit or acknowledgment if a conveyance of real property were  being
acknowledged  or  proved, or if a certificate of authentication would be
required by section three hundred ten of the real property law to  enti-
tle  the instrument to be recorded if it were a conveyance of real prop-
erty, the consent when filed must have attached thereto a certificate of
authentication[.
  3. If it shall appear upon an application for a marriage license  that
either  party  is under the age of sixteen years, the town or city clerk
shall require,  in  addition  to  any  consents  provided  for  in  this
section,]; AND
  (B)  the  written  approval  [and consent] of a justice of the supreme
court or of a judge of the family court, having  jurisdiction  over  the
town  or  city  in  which  the application is made, to be attached to or
endorsed upon the application, before the license is issued. The  appli-
cation for such approval [and consent] MAY BE MADE BY EITHER MINOR PARTY
TO  THE  PROPOSED  MARRIAGE AND shall be heard by the judge at chambers.
THE JUSTICE OF THE SUPREME COURT OR THE JUDGE OF THE FAMILY COURT  SHALL
APPOINT  AN ATTORNEY FOR THE CHILD FOR EACH MINOR PARTY IMMEDIATELY UPON
THE APPLICATION FOR APPROVAL. THE  ATTORNEY  FOR  THE  CHILD  MUST  HAVE
RECEIVED  TRAINING  IN DOMESTIC VIOLENCE INCLUDING A COMPONENT ON FORCED
MARRIAGE. All papers and records  pertaining  to  any  such  application
shall  be  sealed [by him] and withheld from inspection, except by order
of a court of competent jurisdiction.  BEFORE ISSUING ANY APPROVAL,  THE
JUSTICE OF THE SUPREME COURT OR THE JUDGE OF THE FAMILY COURT SHALL:
  (I)  PROVIDE  NOTIFICATION  TO  EACH MINOR PARTY OF HIS OR HER RIGHTS,
INCLUDING BUT NOT LIMITED TO, RIGHTS IN RELATION TO TERMINATION  OF  THE
MARRIAGE,  CHILD  AND  SPOUSAL  SUPPORT,  DOMESTIC VIOLENCE SERVICES AND
ACCESS TO PUBLIC BENEFITS AND OTHER SERVICES, WHICH  NOTIFICATION  SHALL
BE DEVELOPED BY THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH
THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE;

S. 4407--B                          4

  (II)  WITH  RESPECT  TO EACH PARTY, INCLUDING A MINOR PARTY, CONDUCT A
REVIEW OF RELATED DECISIONS IN COURT PROCEEDINGS INITIATED  PURSUANT  TO
ARTICLE  TEN  OF THE FAMILY COURT ACT, AND ALL WARRANTS ISSUED UNDER THE
FAMILY COURT ACT, AND REPORTS OF THE STATEWIDE COMPUTERIZED REGISTRY  OF
ORDERS  OF PROTECTION ESTABLISHED AND MAINTAINED PURSUANT TO SECTION TWO
HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW, AND REPORTS OF THE SEX OFFEN-
DER REGISTRY ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE  HUNDRED
SIXTY-EIGHT-B OF THE CORRECTION LAW; AND
  (III)  HAVE  AN IN CAMERA INTERVIEW, SEPARATELY WITH EACH MINOR PARTY,
AND MAKE THE FOLLOWING WRITTEN AFFIRMATIVE FINDINGS:
  A. THAT IT IS THE MINOR'S OWN WILL  THAT  THE  MINOR  ENTER  INTO  THE
MARRIAGE;
  B. THAT THE MINOR IS NOT BEING COMPELLED BY FORCE, THREAT, PERSUASION,
FRAUD, COERCION OR DURESS; AND
  C.  THAT THE MARRIAGE WILL NOT ENDANGER THE MENTAL, EMOTIONAL OR PHYS-
ICAL SAFETY OF THE MINOR.
  IN MAKING SUCH FINDINGS, THE COURT SHALL CONSIDER, AMONG  OTHER  RELE-
VANT  FACTORS,  THE  AGE  DIFFERENCE BETWEEN THE PARTIES INTENDING TO BE
MARRIED, WHETHER THERE IS A POWER IMBALANCE BETWEEN THE PARTIES  INTEND-
ING  TO BE MARRIED, WHETHER THE PARTIES ARE INCAPABLE OF CONSENTING TO A
MARRIAGE FOR WANT OF UNDERSTANDING, WHETHER THERE IS A HISTORY OF DOMES-
TIC VIOLENCE BETWEEN THE PARTIES AND  WHETHER  THERE  IS  A  HISTORY  OF
DOMESTIC  VIOLENCE  BETWEEN A PARTY AND EITHER PARTIES' OR LEGAL GUARDI-
ANS' FAMILY MEMBERS. THE WISHES OF THE PARENTS OR LEGAL GUARDIANS OF THE
MINOR INTENDING TO BE MARRIED SHALL NOT BE THE SOLE BASIS  FOR  APPROVAL
UNDER THIS SUBDIVISION.
  UPON  THE APPROVAL OF THE JUSTICE OF THE SUPREME COURT OR THE JUDGE OF
THE FAMILY COURT OF THE APPLICATION TO MARRY,  EACH  MINOR  PARTY  SHALL
HAVE  ALL  THE  RIGHTS  OF AN ADULT, INCLUDING THE RIGHT TO ENTER INTO A
CONTRACT, EXCEPT FOR THOSE SPECIFIC  CONSTITUTIONAL  AND  STATUTORY  AGE
REQUIREMENTS  SUCH  AS,  BUT  NOT  LIMITED  TO, VOTING, USE OF ALCOHOLIC
BEVERAGES, AND OTHER HEALTH OR SAFETY STATUTES RELEVANT TO  HIM  OR  HER
BECAUSE OF HIS OR HER AGE.
  4.  Before  issuing any licenses herein provided for, the town or city
clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
paid  by the applicants before or at the time the license is issued. Any
town or city clerk who shall issue a license to marry any persons one or
both of whom shall not be at the time of the marriage under such license
legally competent to marry without first requiring the parties  to  such
marriage to make such affidavits and statements or who shall not require
the  production  of  documentary  proof  of  age or the procuring of the
approval and consents provided for by this  article,  which  shall  show
that  the  parties  authorized by said license to be married are legally
competent to marry, shall be guilty of a misdemeanor and  on  conviction
thereof  shall  be  fined in the sum of one hundred dollars for each and
every offense. On or before the fifteenth day of each month,  each  town
and  city  clerk,  except in the city of New York, shall transmit to the
state commissioner of health twenty-two dollars and fifty cents  of  the
amount  received  for  each  fee collected, which shall be paid into the
vital records management account as provided  by  section  ninety-seven-
cccc  of  the  state  finance  law.  In any city the balance of all fees
collected for the issuing of a marriage license, or  for  solemnizing  a
marriage,  so  far  as collected for services rendered by any officer or
employee of such city, shall be paid monthly into the city treasury  and
may  by  ordinance  be credited to any fund therein designated, and said
ordinance, when duly enacted, shall have the force of law in such  city.

S. 4407--B                          5

Notwithstanding  any  other provisions of this article, the clerk of any
city with the approval of the governing body  of  such  city  is  hereby
authorized  to designate, in writing filed in the city clerk's office, a
deputy  clerk,  if  any,  and/or  other city employees in such office to
receive applications for, examine applications,  investigate  and  issue
marriage  licenses in the absence or inability of the clerk of said city
to act, and said deputy and/or employees so designated are hereby vested
with all the powers and duties of said city clerk relative thereto. Such
deputy and/or employees shall perform  said  duties  without  additional
compensation.
  [4.]  5. Notwithstanding any other provision of this section, the city
clerk of the city of  New  York,  before  issuing  any  licenses  herein
provided  for,  shall be entitled to a fee of twenty-five dollars, which
sum shall be paid by the applicants before or at the time the license is
issued and all such fees so received shall be paid monthly into the city
treasury.
  § 2. Section 13-b of the domestic relations law, as amended by chapter
652 of the laws of 2007, is amended to read as follows:
  § 13-b. Time within which marriage may be solemnized. A marriage shall
not be solemnized within twenty-four hours after  the  issuance  of  the
marriage  license, unless authorized by an order of a court of record as
hereinafter provided, nor shall it be solemnized after sixty  days  from
the  date  of  the  issuance  of  the marriage license unless authorized
pursuant to section three hundred fifty-four-d  of  the  executive  law.
Every  license  to  marry  hereafter  issued by a town or city clerk, in
addition to other requirements specified by this chapter, must contain a
statement of the day and the hour the license is issued and  the  period
during which the marriage may be solemnized. It shall be the duty of the
clergyman  or  magistrate  performing  the  marriage ceremony, or if the
marriage is solemnized by written contract, of the judge before whom the
contract is acknowledged, to annex  to  or  endorse  upon  the  marriage
license the date and hour the marriage is solemnized. A judge or justice
of  the supreme court of this state or the county judge of the county in
which either party to be married resides, or if  such  party  is  [under
sixteen]  AT LEAST SEVENTEEN years of age, the judge of the family court
of such county, if it shall appear from an examination  of  the  license
and any other proofs submitted by the parties that one of the parties is
in  danger  of  imminent  death,  or by reason of other emergency public
interest will be promoted thereby, or that such delay will work irrepar-
able injury or great hardship upon the contracting parties,  or  one  of
them,  may,  UPON  MAKING WRITTEN AFFIRMATIVE FINDINGS UNDER SUBDIVISION
THREE OF SECTION FIFTEEN OF THIS ARTICLE, make an order authorizing  the
immediate  solemnization of the marriage and upon filing such order with
the clergyman or magistrate performing the marriage ceremony, or if  the
marriage  is to be solemnized by written contract, with the judge before
whom the contract is acknowledged,  such  clergyman  or  magistrate  may
solemnize  such  marriage, or such judge may take such acknowledgment as
the case may be, without waiting for such three day period  and  twenty-
four hour period to elapse. The clergyman, magistrate or judge must file
such  order  with  the  town or city clerk who issued the license within
five days after the marriage is solemnized.   Such town  or  city  clerk
must  record  and index the order in the book required to be kept by him
OR HER for recording affidavits, statements, consents and licenses,  and
when so recorded the order shall become a public record and available in
any  prosecution  under  this  section.  A  person who shall solemnize a
marriage in violation of this section shall be guilty of  a  misdemeanor

S. 4407--B                          6

and upon conviction thereof shall be punished by a fine of fifty dollars
for each offense, and in addition thereto, his OR HER right to solemnize
a marriage shall be suspended for ninety days.
  § 3. Section 15-a of the domestic relations law, as amended by chapter
126 of the laws of 1984, is amended to read as follows:
  §  15-a.  Marriages of minors under [fourteen] SEVENTEEN years of age.
Any marriage in which either party is under the age of [fourteen] SEVEN-
TEEN years is hereby prohibited. Any town or city clerk who shall  know-
ingly issue a marriage license to any persons, one or both of whom shall
be  at the time of their contemplated marriage actually under the age of
[fourteen] SEVENTEEN years, shall be guilty  of  a  misdemeanor  and  on
conviction thereof shall be fined in the sum of one hundred dollars.
  §  4.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to licenses issued on and  after  such
effective  date  and to marriages that have not been solemnized prior to
such effective date.

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The New York State Senate

senate Bill S4407B

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senate Bill S4407B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jun 6, 2017 - floor Vote

Floor Vote: Jun 6, 2017

Mar 7, 2017 - floor Vote

Floor Vote: Mar 7, 2017

Mar 7, 2017 - Rules committee Vote

Committee Vote: Mar 7, 2017

Bill Amendments

S4407 - Details

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S4407 - Bill Text download pdf

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