Senate Bill S7425A

2021-2022 Legislative Session

Establishes "Kyra's Law"

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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Bill Amendments

co-Sponsors

2021-S7425 - Details

See Assembly Version of this Bill:
A5398
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; add §654, amd §1112, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
S3170, A3346

2021-S7425 - 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-S7425 - Sponsor Memo

2021-S7425 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7425
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 8, 2021
                                ___________
 
 Introduced by Sens. KAPLAN, GOUNARDES -- 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.
              

co-Sponsors

2021-S7425A (ACTIVE) - Details

See Assembly Version of this Bill:
A5398
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; add §654, amd §1112, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
S3170, A3346

2021-S7425A (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-S7425A (ACTIVE) - Sponsor Memo

2021-S7425A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7425--A
     Cal. No. 578
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 8, 2021
                                ___________
 
 Introduced  by  Sens.  KAPLAN,  BORRELLO, BOYLE, BROOKS, CLEARE, COMRIE,
   GAUGHRAN, GOUNARDES, HARCKHAM, KAMINSKY,  KRUEGER,  MATTERA,  PALUMBO,
   REICHLIN-MELNICK,  SEPULVEDA,  SKOUFIS, WEIK -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   recommitted to the Committee on Judiciary in  accordance  with  Senate
   Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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
 SHALL HOLD A HEARING  TO  DETERMINE  WHETHER  TEMPORARY  LIMITATIONS  OR
 CONDITIONS  ON  THE  CUSTODY  OR  VISITATION  RIGHTS OF THE PARTY WHO IS
 ALLEGED TO HAVE COMMITTED AN ACT OF CHILD ABUSE AGAINST  THE  CHILD,  OR
 COMMITTED AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLE-
 GATION  OR  A FAMILY OR HOUSEHOLD MEMBER OF EITHER PARTY IS NECESSARY TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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Anonymous
8 months ago

Regarding the Kyra Law, having the word "significant" is a dangerous loophole as "significant" and "serious" are subjectively assessed, for what is significant and serious for one person may not meet the category for another person. In the realm of public servants who witness heinous crimes, they are desensitized from what is concerning to a parent with their one and only beloved child.

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.