S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5355
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT to amend the domestic relations law and the family court act, in
   relation to the granting of custody of a minor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 5 of section 240 of the domestic relations law,
 as  added  by  section 103 of chapter 398 of the laws of 1997, is renum-
 bered subdivision 6 and a new subdivision 7 is added to read as follows:
   7. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW TO THE CONTRARY,  NO
 COURT  SHALL  AWARD  CUSTODY  TO OR ALLOW UNSUPERVISED VISITATION WITH A
 PARENT OR ANY OTHER PERSON WHO HAS BEEN CONVICTED OF  VIOLATING  SECTION
 130.20  (SEXUAL  MISCONDUCT);  130.25 (RAPE IN THE THIRD DEGREE); 130.30
 (RAPE IN THE SECOND DEGREE); 130.35 (RAPE IN THE FIRST  DEGREE);  130.40
 (CRIMINAL  SEXUAL  ACT IN THE THIRD DEGREE); 130.45 (CRIMINAL SEXUAL ACT
 IN THE SECOND DEGREE); 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE);
 130.55 (SEXUAL ABUSE IN THE THIRD DEGREE); 130.60 (SEXUAL ABUSE  IN  THE
 SECOND  DEGREE);  130.65  (SEXUAL  ABUSE  IN  THE  FIRST DEGREE); 130.67
 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (AGGRAVATED SEXU-
 AL ABUSE IN THE FIRST DEGREE); 255.25  (INCEST  IN  THE  THIRD  DEGREE);
 255.26  (INCEST  IN  THE  SECOND  DEGREE);  255.27  (INCEST IN THE FIRST
 DEGREE); 263.05 (USE  OF  A  CHILD  IN  A  SEXUAL  PERFORMANCE);  263.10
 (PROMOTING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD); 263.15 (PROMOTING
 A SEXUAL PERFORMANCE BY A CHILD); 235.21 (DISSEMINATING INDECENT MATERI-
 AL TO MINORS IN THE SECOND DEGREE); 235.22 (DISSEMINATING INDECENT MATE-
 RIAL TO MINORS IN THE FIRST DEGREE); 230.30 (PROMOTING  PROSTITUTION  IN
 THE SECOND DEGREE); 230.32 (PROMOTING PROSTITUTION IN THE FIRST DEGREE);
 OR  SUBDIVISION  TWO  OF  SECTION  230.25 (PROMOTING PROSTITUTION IN THE
 THIRD DEGREE) OF THE PENAL LAW, UNLESS THE COURT FINDS THAT THERE IS  NO
 SIGNIFICANT RISK TO THE CHILD.
   §  2.  Subdivision (a) of section 70 of the domestic relations law, as
 amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
 follows:
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09122-01-1

 A. 5355                             2
 
   (a)   Where a minor child is residing within this state, either parent
 may apply to the supreme court for a writ of habeas corpus to have  such
 minor  child  brought  before such court; and on the return thereof, the
 court, on due consideration, may award the natural guardianship,  charge
 and  custody  of  such  child to either parent for such time, under such
 regulations and restrictions, and with such provisions  and  directions,
 as the case may require, and may at any time thereafter vacate or modify
 such  order.    In  all cases there shall be no prima facie right to the
 custody of the child in either parent, but  the  court  shall  determine
 solely  what  is  for the best interest of the child, and what will best
 promote its welfare and happiness, and make award  accordingly  SUBJECT,
 HOWEVER,  TO  THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION TWO HUNDRED
 FORTY OF THIS CHAPTER.
   § 3. Subdivisions (a), (b) and (c) of section 651 of the family  court
 act,  subdivision  (a)  as  amended  by chapter 182 of the laws of 2019,
 subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
 vision (c) as amended by chapter 85 of the laws of 1996, are amended  to
 read as follows:
   (a) When referred from the supreme court or county court to the family
 court,  the  family  court  has jurisdiction to determine, in accordance
 with subdivisions one and one-c of section  two  hundred  forty  of  the
 domestic relations law and with the same powers possessed by the supreme
 court  in  addition  to  its  own  powers, habeas corpus proceedings and
 proceedings brought by petition and order to show cause, for the  deter-
 mination of the custody or visitation of minors SUBJECT, HOWEVER, TO THE
 LIMITATIONS  SET FORTH IN SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY
 OF THE DOMESTIC RELATIONS LAW REGARDING THE AWARDING OF CUSTODY OR UNSU-
 PERVISED VISITATION TO A PERSON WHO HAS BEEN CONVICTED  OF  ANY  OF  THE
 OFFENSES ENUMERATED IN SUCH SUBDIVISION.
   (b) When initiated in the family court, the family court has jurisdic-
 tion  to  determine,  in  accordance with subdivision one of section two
 hundred forty of the domestic relations law and  with  the  same  powers
 possessed  by  the  supreme  court in addition to its own powers, habeas
 corpus proceedings and proceedings brought by petition and order to show
 cause, for the determination of the custody  or  visitation  of  minors,
 including  applications  by a grandparent or grandparents for visitation
 or custody rights pursuant to section seventy-two or two  hundred  forty
 of  the  domestic relations law SUBJECT, HOWEVER, TO THE LIMITATIONS SET
 FORTH IN SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY OF THE  DOMESTIC
 RELATIONS  LAW REGARDING THE AWARDING OF CUSTODY OR UNSUPERVISED VISITA-
 TION TO A PERSON WHO HAS BEEN CONVICTED OF ANY OF THE  OFFENSES  ENUMER-
 ATED IN SUCH SUBDIVISION.
   (c)  When  initiated  in the family court pursuant to a petition under
 part eight of article ten of this act or section  three  hundred  fifty-
 eight-a of the social services law, the family court has jurisdiction to
 enforce  or  modify orders or judgments of the supreme court relating to
 the visitation of minors in foster care, notwithstanding any  limitation
 contained in subdivision (b) of section four hundred sixty-seven of this
 act  BUT  SUBJECT,  HOWEVER, TO THE LIMITATIONS SET FORTH IN SUBDIVISION
 SEVEN OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW REGARD-
 ING THE AWARDING OF CUSTODY OR UNSUPERVISED VISITATION TO A  PERSON  WHO
 HAS   BEEN   CONVICTED  OF  ANY  OF  THE  OFFENSES  ENUMERATED  IN  SUCH
 SUBDIVISION.
   § 4. This act shall take effect immediately.