Bill Text: NY A04784 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to restrictions on a sex offender's custody of or visitation with a child.

Spectrum: Strong Partisan Bill (Democrat 33-2)

Status: (Introduced) 2019-06-20 - substituted by s2836c [A04784 Detail]

Download: New_York-2019-A04784-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4784--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 5, 2019
                                       ___________

        Introduced  by  M.  of  A.  FALL,  GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ,
          COLTON,  ROMEO,  M. L. MILLER,  D'URSO,  CUSICK,  GRIFFIN,   PICHARDO,
          STIRPE,  ARROYO,  COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ,
          WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU --  Multi-Spon-
          sored by -- M. of A.  DE LA ROSA, EPSTEIN -- read once and referred to
          the  Committee  on  Judiciary  --  committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee --  again  reported  from
          said  committee  with  amendments,  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 sex offender's custody of a child

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 1-c  of  section  240  of  the
     2  domestic  relations  law, as amended by chapter 371 of the laws of 2013,
     3  is amended to read as follows:
     4    (b) Notwithstanding any other provision of this chapter to the contra-
     5  ry, there shall be a rebuttable presumption that it is not in  the  best
     6  interests of the child to:
     7    (A) be placed in the custody of or to visit with a person who has been
     8  convicted  of one or more of the following sexual offenses in this state
     9  or convicted of one or more offenses in another jurisdiction  which,  if
    10  committed  in  this state, would constitute one or more of the following
    11  offenses, when a  child  who  is  the  subject  of  the  proceeding  was
    12  conceived as a result:
    13    [(A)] (1) rape in the first or second degree;
    14    [(B)]  (2)  course  of  sexual  conduct  against  a child in the first
    15  degree;
    16    [(C)] (3) predatory sexual assault; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08328-09-9

        A. 4784--C                          2

     1    [(D)] (4) predatory sexual assault against a child; or
     2    (B)  be  placed  in  the custody of or have unsupervised visits with a
     3  person who has been convicted of a felony sex  offense,  as  defined  in
     4  section  70.80  of  the penal law, or convicted of an offense in another
     5  jurisdiction which, if committed in this state, would constitute such  a
     6  felony  sex  offense, where the victim of such offense was the child who
     7  is the subject of the proceeding.
     8    § 2.   Subdivision (a) of section 651 of  the  family  court  act,  as
     9  amended  by  chapter  85  of  the  laws  of  1996, is amended to read as
    10  follows:
    11    (a) When referred from the supreme court or county court to the family
    12  court, the family court has jurisdiction  to  determine,  in  accordance
    13  with  [subdivision]  subdivisions  one  and one-c of section two hundred
    14  forty of the domestic relations law and with the same  powers  possessed
    15  by  the  supreme  court  in  addition  to  its own powers, habeas corpus
    16  proceedings and proceedings brought by petition and order to show cause,
    17  for the determination of the custody or visitation of minors.
    18    § 3. This act shall take effect on the thirtieth day  after  it  shall
    19  have become a law.
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