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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Passed) 2019-08-22 - SIGNED CHAP.182 [A04784 Detail]

Download: New_York-2019-A04784-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4784--B

                               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

        AN ACT  to  amend  the  domestic  relations  law,  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
    17    [(D)] (4) predatory sexual assault against a child; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08328-07-9
        A. 4784--B                          2

     1    (B) be placed in the custody of or have  unsupervised  visits  with  a
     2  person  who  has  been  convicted of a felony sex offense, as defined in
     3  section 70.80 of the penal law, or convicted of an  offense  in  another
     4  jurisdiction  which, if committed in this state, would constitute such a
     5  felony  sex  offense, where the victim of such offense was the child who
     6  is the subject of the proceeding.
     7    § 2. This act shall take effect immediately.