Senate Bill S3170A

2023-2024 Legislative Session

Establishes "Kyra's Law"

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Sponsored By

Current Bill Status - In Senate Committee Judiciary 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

2023-S3170 - Details

See Assembly Version of this Bill:
A3346
Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; amd §§1112 & 651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
S7425, A5398

2023-S3170 - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety.

2023-S3170 - Sponsor Memo

2023-S3170 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3170
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced   by   Sens.   SKOUFIS,  BORRELLO,  CLEARE,  COMRIE,  COONEY,
   GOUNARDES, HARCKHAM, KRUEGER, PALUMBO, RAMOS, SEPULVEDA, WEIK --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Judiciary
 
 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
 AVOID  SIGNIFICANT  RISK  TO THE CHILD'S LIFE OR SAFETY. THE COURT SHALL
 CONDUCT AN ASSESSMENT OF THE BEST INTERESTS OF  THE  CHILD  TO  IDENTIFY
 SIGNIFICANT RISK TO THE CHILD'S LIFE AND SAFETY, USING A RISK ASSESSMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-01-3
 S. 3170                             2
              

co-Sponsors

2023-S3170A (ACTIVE) - Details

See Assembly Version of this Bill:
A3346
Current Committee:
Senate Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; amd §§1112 & 651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
S7425, A5398

2023-S3170A (ACTIVE) - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety.

2023-S3170A (ACTIVE) - Sponsor Memo

2023-S3170A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3170--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced   by   Sens.   SKOUFIS,  BORRELLO,  CLEARE,  COMRIE,  COONEY,
   GOUNARDES, HARCKHAM, HINCHEY, KRUEGER, MARTINS, MATTERA, MURRAY, OBER-
   ACKER, PALUMBO, RAMOS, ROLISON, SEPULVEDA, WEBER, WEIK --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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 and may  be  cited  as
 "Kyra's Law".
   §  2.  Subdivision  1  of section 240 of the domestic relations law is
 amended by adding a new opening paragraph to read as follows:
   THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARAMOUNT
 IMPORTANCE AND IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS.  TO  THAT
 END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF,
 AND  ACCESS  TO,  CHILDREN  MUST ENSURE CHILDREN'S SAFETY AS A THRESHOLD
 ISSUE.
   § 3. Paragraphs (a) and (a-1) of subdivision 1 of section 240  of  the
 domestic  relations  law, paragraph (a) as amended by chapter 567 of the
 laws of 2015 and paragraph (a-1) as added by chapter 295 of the laws  of
 2009, are 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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-03-3
              

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