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

  • 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

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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

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