senate Bill S2836C

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 - 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 (18)
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 19, 2019 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1760
committee discharged and committed to rules
Jun 16, 2019 print number 2836c
Jun 16, 2019 amend (t) and recommit to children and families
Jun 12, 2019 print number 2836b
Jun 12, 2019 amend (t) and recommit to children and families
May 22, 2019 print number 2836a
May 22, 2019 amend (t) and recommit to children and families
Jan 29, 2019 referred to children and families

S2836 - Details

See Assembly Version of this Bill:
A4784
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

S2836 - Summary

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

S2836 - Sponsor Memo

S2836 - Bill Text download pdf


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

                                  2836

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law and the  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

S2836A - Details

See Assembly Version of this Bill:
A4784
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

S2836A - Summary

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

S2836A - Sponsor Memo

S2836A - Bill Text download pdf


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

                                 2836--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  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:
  (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

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

S2836B - Details

See Assembly Version of this Bill:
A4784
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

S2836B - Summary

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

S2836B - Sponsor Memo

S2836B - Bill Text download pdf


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

                                 2836--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  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
  (B)  BE  PLACED  IN  THE CUSTODY OF OR HAVE UNSUPERVISED VISITS WITH A
PERSON WHO HAS BEEN CONVICTED OF A FELONY SEX  OFFENSE,  AS  DEFINED  IN
SECTION  70.80  OF  THE PENAL LAW, OR CONVICTED OF AN OFFENSE IN ANOTHER
JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE SUCH  A
FELONY  SEX  OFFENSE, WHERE THE VICTIM OF SUCH OFFENSE WAS THE CHILD WHO
IS THE SUBJECT OF THE PROCEEDING.
  § 2. This act shall take effect immediately.

S2836C (ACTIVE) - Details

See Assembly Version of this Bill:
A4784
Law Section:
Domestic Relations Law
Laws Affected:
Amd §240, Dom Rel L; amd §651, Fam Ct Act

S2836C (ACTIVE) - Summary

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

S2836C (ACTIVE) - Sponsor Memo

S2836C (ACTIVE) - Bill Text download pdf


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

                                 2836--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the domestic relations law and the family court act, in
  relation to 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
  (B)  BE  PLACED  IN  THE CUSTODY OF OR HAVE UNSUPERVISED VISITS WITH A
PERSON WHO HAS BEEN CONVICTED OF A FELONY SEX  OFFENSE,  AS  DEFINED  IN
SECTION  70.80  OF  THE PENAL LAW, OR CONVICTED OF AN OFFENSE IN ANOTHER

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

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