Do you support this bill?

Senate Bill S6476

2021-2022 Legislative Session

Relates to the custody and visitation rights of a sex offender

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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

2021-S6476 (ACTIVE) - Details

See Assembly Version of this Bill:
A4782
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Ren §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11086
2019-2020: A4549
2023-2024: S4989

2021-S6476 (ACTIVE) - Summary

Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.

2021-S6476 (ACTIVE) - Sponsor Memo

2021-S6476 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6476
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2021
                                ___________
 
 Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to amend the correction law, in relation to custody and visita-
   tion rights of a sex offender
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-w of the correction law, as relettered by chap-
 ter  604  of  the  laws  of  2005, is renumbered section 168-x and a new
 section 168-w is added to read as follows:
   § 168-W. CUSTODY AND VISITATION RIGHTS. 1. ANY SEX OFFENDER DESIGNATED
 AS A SEXUAL PREDATOR, OR A SEXUALLY VIOLENT OFFENDER, OR CLASSIFIED AS A
 LEVEL THREE RISK, FOR A CRIME INVOLVING A  CHILD  SHALL  BE,  EXCEPT  IN
 EXTRAORDINARY  CIRCUMSTANCES,  PROHIBITED  FROM BEING GRANTED BY A COURT
 PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD.
   2. ANY SEX OFFENDER CLASSIFIED AS A LEVEL THREE RISK SHALL BE PRESUMED
 TO BE INELIGIBLE TO BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPER-
 VISED VISITATION WITH, A CHILD, AND A  COURT  SHALL  GRANT  PHYSICAL  OR
 LEGAL  CUSTODY  OF, OR UNSUPERVISED VISITATION WITH, A CHILD ONLY IF THE
 SEX OFFENDER HAS PROVIDED CLEAR AND CONVINCING  EVIDENCE  THAT  GRANTING
 SUCH CUSTODY OR VISITATION WILL BE IN THE BEST INTEREST OF THE CHILD.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05583-02-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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