assembly Bill A5398A

2021-2022 Legislative Session

Establishes "Kyra's Law"

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Current Bill Status - In Assembly Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2022 print number 5398a
May 18, 2022 amend (t) and recommit to judiciary
Jan 05, 2022 referred to judiciary
Feb 16, 2021 referred to judiciary

Co-Sponsors

view additional co-sponsors

A5398 - Details

See Senate Version of this Bill:
S7425
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; add §654, amd §1112, Fam Ct Act

A5398 - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs presumptions that may be made by the court and admissibility of certain evidence in such cases; requires court officials to take part in training to handle such cases regarding domestic violence and child abuse.

A5398 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5398
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT to amend the domestic relations law, in relation to establishing
   "Kyra'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 as and may be cited as
 "Kyra's Law".
   §  2.  Paragraph  (a)  of subdivision 1 of section 240 of the domestic
 relations law, as amended by chapter 567 of the laws of 2015, is amended
 to read as follows:
   (a) In any action or proceeding brought (1) to annul a marriage or  to
 declare  the nullity of a void marriage, or (2) for a separation, or (3)
 for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
 tion and order to show cause, the custody of or right to visitation with
 any  child  of  a  marriage, the court shall require verification of the
 status of any child of the marriage with respect to such child's custody
 and support[, including any prior orders, and  shall  enter  orders  for
 custody  and  support]  as, in the court's discretion, justice requires,
 having regard to the circumstances of the case  and  of  the  respective
 parties  and  to  the  best  interests  of  the child and subject to the
 provisions of subdivision one-c of this section. Where either  party  to
 an  action  concerning  custody of or a right to visitation with a child
 alleges in a sworn petition or complaint or  sworn  answer,  cross-peti-
 tion,  counterclaim  or  other  sworn responsive pleading that the other
 party has committed an act of CHILD ABUSE AGAINST SUCH CHILD, OR COMMIT-
 TED AN ACT OF domestic violence against the party making the  allegation
 or  a  family  or  household  member  of either party, as such family or
 household member is defined in article eight of the  family  court  act,
 [and such allegations are proven by a preponderance of the evidence, the
 court  must  consider the effect of such domestic violence upon the best

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

Co-Sponsors

view additional co-sponsors

A5398A (ACTIVE) - Details

See Senate Version of this Bill:
S7425
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; add §654, amd §1112, Fam Ct Act

A5398A (ACTIVE) - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs presumptions that may be made by the court and admissibility of certain evidence in such cases; requires court officials to take part in training to handle such cases regarding domestic violence and child abuse.

A5398A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5398--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. HEVESI, SILLITTI, BARNWELL, DICKENS, FAHY, CLARK,
   HUNTER,  GALEF,  LAVINE,  SEAWRIGHT,  SIMON, JACKSON, J. RIVERA, McDO-
   NOUGH, MORINELLO, THIELE, BURDICK, K. BROWN, STIRPE, QUART,  GONZALEZ-
   ROJAS, DURSO, OTIS, LAWLER, BRABENEC, MANKTELOW, ANGELINO, COOK, GRIF-
   FIN,   GUNTHER,  STERN,  FRONTUS,  McDONALD,  JEAN-PIERRE,  DeSTEFANO,
   BLANKENBUSH,  FERNANDEZ,  RA,  FITZPATRICK,  PHEFFER AMATO,  ANDERSON,
   MIKULIN,  L. ROSENTHAL,  LALOR,  LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,
   SMITH, JENSEN, BURGOS, JONES, STECK, ZINERMAN, CRUZ, AUBRY, GOTTFRIED,
   CUNNINGHAM, ABINANTI, HAWLEY -- read once and referred to the  Commit-
   tee  on  Judiciary  --  recommitted  to  the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to establishing "Kyra'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 as and may be cited as
 "Kyra's Law".
   § 2. Subparagraph 5 of paragraph (a-1) of subdivision 1 of section 240
 of the domestic relations law, as amended by chapter 295 of the laws  of
 2009, is amended to read as follows:
   (5)   Temporary  emergency  order.    (I)  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF THE LAW, UPON THE APPLICATION  OF  A  PARTY  TO  AN  ACTION
 CONCERNING  CUSTODY OF OR A RIGHT TO VISITATION WITH A CHILD WHO ALLEGES
 THAT THE OTHER PARTY TO THE PROCEEDING HAS COMMITTED, HAS THREATENED  TO
 COMMIT, OR IS LIKELY TO COMMIT AN ACT OF CHILD ABUSE AGAINST SUCH CHILD,
 OR  HAS  COMMITTED,  HAS THREATENED TO COMMIT, OR IS LIKELY TO COMMIT AN
 ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE  ALLEGATION  OR  A
 FAMILY  OR HOUSEHOLD MEMBER OF EITHER PARTY, AS SUCH FAMILY OR HOUSEHOLD
 MEMBER IS DEFINED IN ARTICLE EIGHT OF THE FAMILY COURT  ACT,  THE  COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09163-02-2