Bill Text: NY A02317 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 2317

Introduced

Bill Title: Relates to custody and visitation rights of certain sex offenders.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2024-01-03 - referred to correction [A02317 Detail]

Download: New_York-2023-A02317-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          2317

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by  M.  of A. JONES, MILLER -- 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:

     1    Section 1. Section 168-w of the correction law, as renumbered by chap-
     2  ter 604 of the laws of 2005, is  renumbered  section  168-x  and  a  new
     3  section 168-w is added to read as follows:
     4    § 168-w. Custody and visitation rights. 1. Any sex offender designated
     5  as a sexual predator, or a sexually violent offender, or classified as a
     6  level  two or three risk, for a crime involving a child shall be, except
     7  in extraordinary circumstances, prohibited from being granted by a court
     8  physical or legal custody of, or unsupervised visitation with, a child.
     9    2. Any sex offender classified as a level two or three risk  shall  be
    10  presumed to be ineligible to be granted physical or legal custody of, or
    11  unsupervised  visitation with, a child, and a court shall grant physical
    12  or legal custody of, or unsupervised visitation with, a  child  only  if
    13  the  sex offender has provided clear and convincing evidence that grant-
    14  ing such custody or visitation will be  in  the  best  interest  of  the
    15  child.
    16    § 2. This act shall take effect on the first of November next succeed-
    17  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