Bill Text: NY A07239 | 2019-2020 | General Assembly | Introduced

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Bill Title: Factors domestic violence convictions into family court decisions regarding visitation, custody and parental rights; provides that any parent undergoing mandatory, batterer specific rehabilitation measures shall only be granted supervised visitation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A07239 Detail]

Download: New_York-2019-A07239-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7239
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2019
                                       ___________
        Introduced by M. of A. JAFFEE -- read once and referred to the Committee
          on Children and Families
        AN  ACT to amend the family court act, in relation to factoring domestic
          violence convictions into family court decisions regarding visitation,
          custody and parental rights
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs (vii) and (viii) of subdivision (a) of section
     2  1046 of the family court act, paragraph (vii) as amended by chapter  432
     3  of  the  laws  of 1993, paragraph (viii) as added by chapter 1015 of the
     4  laws of 1972, are amended and a new paragraph (ix) is added to  read  as
     5  follows:
     6    (vii)  neither  the privilege attaching to confidential communications
     7  between husband and wife, as set forth in section forty-five hundred two
     8  of the civil practice law  and  rules,  nor  the  physician-patient  and
     9  related  privileges,  as set forth in section forty-five hundred four of
    10  the civil practice law and rules, nor the psychologist-client privilege,
    11  as set forth in section forty-five hundred seven of the  civil  practice
    12  law  and  rules, nor the social worker-client privilege, as set forth in
    13  section forty-five hundred eight of the civil practice  law  and  rules,
    14  nor  the rape crisis counselor-client privilege, as set forth in section
    15  forty-five hundred ten of the civil practice law and rules, shall  be  a
    16  ground  for  excluding  evidence which otherwise would be admissible[.];
    17  and
    18    (viii) proof of the "impairment of emotional health" or "impairment of
    19  mental or emotional condition" as  a  result  of  the  unwillingness  or
    20  inability  of the respondent to exercise a minimum degree of care toward
    21  a child may include  competent  opinion  or  expert  testimony  and  may
    22  include  proof  that  such  impairment lessened during a period when the
    23  child was in the care, custody or supervision  of  a  person  or  agency
    24  other than the respondent[.]; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01936-03-9
        A. 7239                             2
     1    (ix)  previous  convictions  of  disorderly conduct, harassment in the
     2  first degree, harassment in the second degree, aggravated harassment  in
     3  the  second degree, sexual misconduct forcible touching, sexual abuse in
     4  the third degree, sexual abuse in the second  degree  as  set  forth  in
     5  subdivision  one  of  section  130.60  of the penal law, stalking in the
     6  first degree, stalking in the  second  degree,  stalking  in  the  third
     7  degree,  stalking  in  the fourth degree, criminal mischief, menacing in
     8  the second degree, menacing in the third degree, reckless  endangerment,
     9  strangulation  in  the first degree, strangulation in the second degree,
    10  criminal obstruction of breathing or blood circulation, assault  in  the
    11  second  degree, assault in the third degree, an attempted assault, coer-
    12  cion in the third degree as set forth in subdivisions one, two and three
    13  of section 135.60 of the penal law between spouses or former spouses, or
    14  between parent and child or between members of the same family or house-
    15  hold except that if the respondent would not be  criminally  responsible
    16  by  reason  of  age pursuant to section 30.00 of the penal law, shall be
    17  taken into consideration for any hearing  deciding  on  the  visitation,
    18  custody, or rights of a parent with mandatory, batterer specific rehabi-
    19  litative  measures of no less than twelve months, successfully completed
    20  by the respondent prior to a final judgment; provided, however, that any
    21  parent undergoing mandatory batterer  specific  rehabilitation  measures
    22  shall only be granted supervised visitation.
    23    §  2.  This  act  shall take effect on the sixtieth day after it shall
    24  have become a law.