S T A T E O F N E W Y O R K
________________________________________________________________________
2271
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on 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.
LBD04600-01-5