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 |
Senate Bill S2836C
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2019-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
2019-S2836 - Sponsor Memo
BILL NUMBER: S2836 SPONSOR: SAVINO TITLE OF BILL: An act to amend the domestic relations law and the correction law, in relation to enacting "Marie's law" PURPOSE: This bill increases the standard for courts when granting custody and supervision of a minor. The intent is to strengthen current statute that there shall be no custody ordered unless the court can show that there's no significant risk to the child and states its reasons in writing or on record. No individual, especially a child should be victimized with sexual abuse and misconduct. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Calls for this act to be named "Marie's Law".
2019-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
2019-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
2019-S2836A - Sponsor Memo
BILL NUMBER: S2836A SPONSOR: SAVINO TITLE OF BILL: An act to amend the domestic relations law and the correction law, in relation to enacting "Marie's Law" TITLE OF BILL: An act to amend the domestic relations law and the correction law, in relation to enacting "Marie's Law" PURPOSE: This bill increases the standard for courts when granting custody and supervision of a minor. The intent is to strengthen current statute that there shall be no custody ordered unless the court can show that there's no significant risk to the child and states its reasons in writing or on record. No individual, especially a child should be victimized with sexual abuse and misconduct. SUMMARY OF SPECIFIC PROVISIONS: Section one; this act shall be known and may be cited as "Marie's Law'.
2019-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.
2019-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
2019-S2836B - Sponsor Memo
BILL NUMBER: S2836B SPONSOR: SAVINO TITLE OF BILL: An act to amend the domestic relations law, in relation to sex offender's custody of a child PURPOSE: The purpose of this bill is to strengthen existing protection for chil- dren in the Domestic Relations Law. The bill establishes a rebuttable presumption that it is not in the best interests of a child to be placed in the custody of or to have unsupervised visits with a person who has been convicted of one or more delineated felony sex offenses where the victim of such offense or offenses is the child who is the subject of the proceeding seeking custody or unsupervised visitation. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends paragraph (b) of subdivision 1-c of section 240 of the domestic relations law as amended by chapter 371 of the laws of 2013 by adding a paragraph that creates a rebuttable presumption that
2019-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.
2019-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
2019-S2836C (ACTIVE) - Sponsor Memo
BILL NUMBER: S2836C SPONSOR: SAVINO TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to sex offender's custody of a child PURPOSE: The purpose of this bill is to strengthen existing protection for chil- dren in the Domestic Relations Law. The bill establishes a rebuttable presumption that it is not in the best interests of a child to be placed in the custody of or to have unsupervised visits with a person who has been convicted of one or more delineated felony sex offenses where the victim of such offense or offenses is the child who is the subject of the proceeding seeking custody or unsupervised visitation. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends paragraph (b) of subdivision 1-c of section 240 of the domestic relations law as amended by chapter 371 of the laws of 2013 by adding a paragraph that creates a rebuttable presumption that
2019-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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