Assembly Actions -
Senate Actions - UPPERCASE
|Aug 11, 2021||
recommit, enacting clause stricken
|Jul 30, 2021||
referred to rules
Senate Bill S7311
2021-2022 Legislative Session
Archive: Last Bill Status - Stricken
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S7311 (ACTIVE) - Details
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
BILL NUMBER: S7311 SPONSOR: THOMAS TITLE OF BILL: An act to amend the domestic relations law, in relation to establishing "Kyra's Law" PURPOSE OR GENERAL IDEA OF BILL: To protect children by prioritizing the health and safety of children over other best interest factors in child custody and visitation proceedings. SUMMARY OF PROVISIONS: Section 1 of the bill amends paragraph (a) of subdivision 1 of the domestic relations law to require that in child custody or visitation proceedings in which a party alleges child abuse or domestic violence, the court must first, before considering any other best interest factors, conduct an evidentiary hearing and make a finding regarding such allegations. Should the court find a pattern of domestic violence
2021-S7311 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7311 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" 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.
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