assembly Bill A4784C

Signed By Governor
2019-2020 Legislative Session

Relates to restrictions on a sex offender's custody of a child

download bill text pdf

Sponsored By

Current Bill Status Via S2836 - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 22, 2019 signed chap.182
Aug 19, 2019 delivered to governor
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.589
substituted for a4784c
Jun 20, 2019 substituted by s2836c
Jun 19, 2019 ordered to third reading rules cal.589
rules report cal.589
reported
Jun 18, 2019 reported referred to rules
Jun 17, 2019 reported referred to codes
Jun 15, 2019 print number 4784c
Jun 15, 2019 amend (t) and recommit to judiciary
Jun 12, 2019 print number 4784b
Jun 12, 2019 amend (t) and recommit to judiciary
May 21, 2019 print number 4784a
May 21, 2019 amend (t) and recommit to judiciary
Feb 05, 2019 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4784 - Details

See Senate Version of this Bill:
S2836
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

A4784 - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

A4784 - Bill Text download pdf


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

                                  4784

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced  by  M. of A. FALL -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the domestic relations law and the  correction  law,  in
  relation to enacting "Marie's law"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Marie's law".
  § 2. Paragraph (b) and the  opening  paragraph  of  paragraph  (c)  of
subdivision 1-c of section 240 of the domestic relations law, as amended
by chapter 371 of the laws of 2013, are amended to read as follows:
  (b)  (I)  Notwithstanding  any  other provision of this chapter to the
contrary, [there shall be a rebuttable presumption that it is not in the
best interests of the child to be placed in the custody of or  to  visit
with  a person] NO PERSON SHALL BE GRANTED PHYSICAL OR LEGAL CUSTODY OF,
OR UNSUPERVISED VISITATION WITH, A CHILD IF THE PERSON IS REQUIRED TO BE
REGISTERED AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
LAW OR who has been convicted of one or more  of  the  following  sexual
offenses  in  this state or convicted of one or more offenses in another
jurisdiction which, if committed in this state, would constitute one  or
more  of  the following offenses, when a child who is the subject of the
proceeding was conceived as a result: (A) rape in the  first  or  second
degree;  (B)  course  of  sexual  conduct  against  a child in the first
degree; (C) predatory sexual assault; or (D)  predatory  sexual  assault
against  a  child. THE COURT MAY GRANT SUCH PHYSICAL OR LEGAL CUSTODY OR
UNSUPERVISED VISITATION WITH THE CHILD IF IT  FINDS  THAT  THERE  IS  NO
SIGNIFICANT  RISK  TO  THE CHILD AND STATES ITS REASONS IN WRITING OR ON
THE RECORD. THE CHILD MAY NOT BE PLACED IN A HOME IN WHICH  THAT  PERSON
RESIDES, NOR PERMITTED TO HAVE UNSUPERVISED VISITATION WITH THAT PERSON,
UNLESS  THE  COURT  STATES THE REASONS FOR ITS FINDINGS IN WRITING OR ON
THE RECORD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08328-02-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4784A - Details

See Senate Version of this Bill:
S2836
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

A4784A - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

A4784A - Bill Text download pdf


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

                                 4784--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced  by  M.  of  A.  FALL,  GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ,
  COLTON,  ROMEO,  M. L. MILLER,  D'URSO,  CUSICK,  GRIFFIN,   PICHARDO,
  STIRPE,  ARROYO,  COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ,
  WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU --  Multi-Spon-
  sored by -- M. of A.  DE LA ROSA, EPSTEIN -- read once and referred to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the domestic relations law and the  correction  law,  in
  relation to enacting "Marie's Law"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title.  This act shall be known and may be  cited  as
"Marie's Law".
  §  2.  Legislative  intent.  The legislature hereby finds and declares
that under current law, even though the state has  recognized  that  the
best interest of the child is the determining factor in awarding custody
of  a  child, there currently exists a loophole whereby former perpetra-
tors of abuse who are related to and may come into contact with a regis-
tered sex offender may often gain access to a  subject  of  his  or  her
abuse.
  By the enactment of the provisions of this act, it is the sense of the
legislature, that additional steps and guidelines are necessary to limit
contact  and restrict custody when a person related to such sex offender
has regular contact with and may have access to a child. Nothing can  be
deemed more of a  state concern than the safety and welfare of our chil-
dren,  and  in recognition of that responsibility, we take steps to help
minimize contact between vulnerable children  and  persons  who  pose  a
significant risk to their safety.
  §  3.  Paragraph (b) of subdivision 1-c of section 240 of the domestic
relations law, as amended by chapter 371 of the laws of 2013, is amended
to read as follows:

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4784B - Details

See Senate Version of this Bill:
S2836
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

A4784B - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

A4784B - Bill Text download pdf


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

                                 4784--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced  by  M.  of  A.  FALL,  GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ,
  COLTON,  ROMEO,  M. L. MILLER,  D'URSO,  CUSICK,  GRIFFIN,   PICHARDO,
  STIRPE,  ARROYO,  COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ,
  WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU --  Multi-Spon-
  sored by -- M. of A.  DE LA ROSA, EPSTEIN -- read once and referred to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT  to  amend  the  domestic  relations  law,  in  relation  to  sex
  offender's custody of a child

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1-c  of  section  240  of  the
domestic  relations  law, as amended by chapter 371 of the laws of 2013,
is amended to read as follows:
  (b) Notwithstanding any other provision of this chapter to the contra-
ry, there shall be a rebuttable presumption that it is not in  the  best
interests of the child to:
  (A) be placed in the custody of or to visit with a person who has been
convicted  of one or more of the following sexual offenses in this state
or convicted of one or more offenses in another jurisdiction  which,  if
committed  in  this state, would constitute one or more of the following
offenses, when a  child  who  is  the  subject  of  the  proceeding  was
conceived as a result:
  [(A)] (1) rape in the first or second degree;
  [(B)]  (2)  course  of  sexual  conduct  against  a child in the first
degree;
  [(C)] (3) predatory sexual assault; or
  [(D)] (4) predatory sexual assault against a child; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08328-07-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A4784C (ACTIVE) - Details

See Senate Version of this Bill:
S2836
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

A4784C (ACTIVE) - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

A4784C (ACTIVE) - Bill Text download pdf


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

                                 4784--C

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2019
                               ___________

Introduced  by  M.  of  A.  FALL,  GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ,
  COLTON,  ROMEO,  M. L. MILLER,  D'URSO,  CUSICK,  GRIFFIN,   PICHARDO,
  STIRPE,  ARROYO,  COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ,
  WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU --  Multi-Spon-
  sored by -- M. of A.  DE LA ROSA, EPSTEIN -- read once and referred to
  the  Committee  on  Judiciary  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  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 sex offender's custody of a child

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1-c  of  section  240  of  the
domestic  relations  law, as amended by chapter 371 of the laws of 2013,
is amended to read as follows:
  (b) Notwithstanding any other provision of this chapter to the contra-
ry, there shall be a rebuttable presumption that it is not in  the  best
interests of the child to:
  (A) be placed in the custody of or to visit with a person who has been
convicted  of one or more of the following sexual offenses in this state
or convicted of one or more offenses in another jurisdiction  which,  if
committed  in  this state, would constitute one or more of the following
offenses, when a  child  who  is  the  subject  of  the  proceeding  was
conceived as a result:
  [(A)] (1) rape in the first or second degree;
  [(B)]  (2)  course  of  sexual  conduct  against  a child in the first
degree;
  [(C)] (3) predatory sexual assault; or

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.