Senate Bill S7311

2021-2022 Legislative Session

Sponsored By

Archive: Last Bill Status - Stricken

  • 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-S7311 (ACTIVE) - Details

See Assembly Version of this Bill:
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-d, Dom Rel L
Versions Introduced in 2023-2024 Legislative Session:

2021-S7311 (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.

2021-S7311 (ACTIVE) - Sponsor Memo

2021-S7311 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                               July 30, 2021
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 AN ACT to amend the domestic relations law, in relation to  establishing
   "Kyra's Law"

   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.


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