Senate Bill S4989

2023-2024 Legislative Session

Relates to custody and visitation rights of certain sex offenders

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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2023-S4989 (ACTIVE) - Details

See Assembly Version of this Bill:
A2317
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Ren §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8269
2021-2022: S6476, A846

2023-S4989 (ACTIVE) - Summary

Relates to custody and visitation rights of certain sex offenders.

2023-S4989 (ACTIVE) - Sponsor Memo

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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