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: (Passed) 2019-08-22 - SIGNED CHAP.182 [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. LBD08328-09-9A. 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.