Assembly Actions -
Senate Actions - UPPERCASE
|Feb 21, 2023||
referred to crime victims, crime and correction
Senate Bill S4989
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S4989 (ACTIVE) - Details
2023-S4989 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4989 SPONSOR: OBERACKER TITLE OF BILL: An act to amend the correction law, in relation to custody and visita- tion rights of certain sex offenders PURPOSE: To prevent physical or legal custody or unsupervised visitation of a child by sex offenders described in the provisions of the bill. Unless such rights can be proven to be in the best interest of the child. SUMMARY OF PROVISIONS: Section one of the bill amends chapter 604 of the laws of 2005, by redesignating section 168-w of the correction law as section 168-x and adding a new section 168-w. Section 168-w prohibits any sex offender designated as a sexual predator or sexually violent offender or classi- fied as a level three risk for a crime involving a child from being granted physical or legal custody or unsupervised visitation.
2023-S4989 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4989 2023-2024 Regular Sessions I N S E N A T E February 21, 2023 ___________ Introduced by Sen. OBERACKER -- 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 certain sex offenders 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 renumbered 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 TWO OR 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 TWO OR THREE RISK SHALL BE PRESUMED TO BE INELIGIBLE TO BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED 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 GRANT- ING 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. LBD03916-01-3
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