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Assembly Bill A11086

2017-2018 Legislative Session

Relates to the custody and visitation rights of a sex offender

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Archive: Last Bill Status - In Assembly Committee

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2017-A11086 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Ren §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4549
2021-2022: A4782

2017-A11086 (ACTIVE) - Summary

Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.

2017-A11086 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11086
 
                           I N  A S S E M B L Y
 
                               June 4, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. B. Miller)
   -- read once and referred to the Committee on Correction
 
 AN ACT to amend the correction law, in relation to custody  and  visita-
   tion rights of a sex offender
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 168-w of the correction law, as relettered by chap-
 ter 604 of the laws of 2005, is  renumbered  section  168-x  and  a  new
 section 168-w is added to read as follows:
   § 168-W. CUSTODY AND VISITATION RIGHTS. 1. ANY SEX OFFENDER DESIGNATED
 AS A SEXUAL PREDATOR, OR A SEXUALLY VIOLENT OFFENDER, OR CLASSIFIED AS A
 LEVEL  THREE  RISK,  FOR  A  CRIME INVOLVING A CHILD SHALL BE, EXCEPT IN
 EXTRAORDINARY CIRCUMSTANCES, PROHIBITED FROM BEING GRANTED  BY  A  COURT
 PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD.
   2. ANY SEX OFFENDER CLASSIFIED AS A LEVEL THREE RISK SHALL BE PRESUMED
 TO BE INELIGIBLE TO BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPER-
 VISED  VISITATION  WITH,  A  CHILD,  AND A COURT SHALL GRANT PHYSICAL OR
 LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD ONLY  IF  THE
 SEX  OFFENDER  HAS  PROVIDED CLEAR AND CONVINCING EVIDENCE THAT GRANTING
 SUCH CUSTODY OR VISITATION WILL BE IN THE BEST INTEREST OF THE CHILD.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16029-01-8

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