Bill Text: NY A08447 | 2019-2020 | General Assembly | Introduced
Bill Title: Increases the age of consent for purposes of marriage to the age of eighteen; and repeals certain provisions of law relating thereto.
Spectrum: Moderate Partisan Bill (Democrat 29-5)
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A08447 Detail]
Download: New_York-2019-A08447-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8447 2019-2020 Regular Sessions IN ASSEMBLY July 8, 2019 ___________ Introduced by M. of A. RAMOS -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law, in relation to increasing the age of consent for purposes of marriage to the age of eighteen; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 15-a of the domestic relations law, as amended by 2 chapter 35 of the laws of 2017, is amended to read as follows: 3 § 15-a. Marriages of minors under [seventeen] eighteen years of age. 4 Any marriage in which either party is under the age of [seventeen] eigh- 5 teen years is hereby prohibited. Any town or city clerk who shall know- 6 ingly issue a marriage license to any persons, one or both of whom shall 7 be at the time of their contemplated marriage actually under the age of 8 [seventeen] eighteen years, shall be guilty of a misdemeanor and on 9 conviction thereof shall be fined in the sum of one hundred dollars. 10 § 2. Section 13-b of the domestic relations law, as amended by chapter 11 35 of the laws of 2017, is amended to read as follows: 12 § 13-b. Time within which marriage may be solemnized. A marriage shall 13 not be solemnized within twenty-four hours after the issuance of the 14 marriage license, unless authorized by an order of a court of record as 15 hereinafter provided, nor shall it be solemnized after sixty days from 16 the date of the issuance of the marriage license unless authorized 17 pursuant to section three hundred fifty-four-d of the executive law. 18 Every license to marry hereafter issued by a town or city clerk, in 19 addition to other requirements specified by this chapter, must contain a 20 statement of the day and the hour the license is issued and the period 21 during which the marriage may be solemnized. It shall be the duty of the 22 clergyman or magistrate performing the marriage ceremony, or if the 23 marriage is solemnized by written contract, of the judge before whom the 24 contract is acknowledged, to annex to or endorse upon the marriage 25 license the date and hour the marriage is solemnized. A judge or justice 26 of the supreme court of this state or the county judge of the county in 27 which either party to be married resides, or [if such party is at leastEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13195-02-9A. 8447 2 1seventeen years of age,] the judge of the family court of such county, 2 if it shall appear from an examination of the license and any other 3 proofs submitted by the parties that one of the parties is in danger of 4 imminent death, or by reason of other emergency public interest will be 5 promoted thereby, or that such delay will work irreparable injury or 6 great hardship upon the contracting parties, or one of them, may, [upon7making written affirmative findings under subdivision three of section8fifteen of this article,] make an order authorizing the immediate solem- 9 nization of the marriage and upon filing such order with the clergyman 10 or magistrate performing the marriage ceremony, or if the marriage is to 11 be solemnized by written contract, with the judge before whom the 12 contract is acknowledged, such clergyman or magistrate may solemnize 13 such marriage, or such judge may take such acknowledgment as the case 14 may be, without waiting for such three day period and twenty-four hour 15 period to elapse. The clergyman, magistrate or judge must file such 16 order with the town or city clerk who issued the license within five 17 days after the marriage is solemnized. Such town or city clerk must 18 record and index the order in the book required to be kept by him or her 19 for recording affidavits, statements, consents and licenses, and when so 20 recorded the order shall become a public record and available in any 21 prosecution under this section. A person who shall solemnize a marriage 22 in violation of this section shall be guilty of a misdemeanor and upon 23 conviction thereof shall be punished by a fine of fifty dollars for each 24 offense, and in addition thereto, his or her right to solemnize a 25 marriage shall be suspended for ninety days. 26 § 3. Section 25 of the domestic relations law is amended to read as 27 follows: 28 § 25. License, when to be obtained. The provisions of this article 29 pertaining to the granting of the licenses before a marriage can be 30 lawfully celebrated apply to all persons who assume the marriage 31 relation in accordance with subdivision four of section eleven of this 32 chapter. Nothing in this article contained shall be construed to render 33 void by reason of a failure to procure a marriage license any marriage 34 solemnized between persons of full age [nor to render void any marriage35between minors or with a minor under the legal age of consent where the36consent of parent or guardian has been given and such marriage shall be37for such cause voidable only as to minors or a minor upon complaint of38such minors or minor or of the parent or guardian thereof]. 39 § 4. Subdivision 1 of section 7 of the domestic relations law, as 40 amended by chapter 313 of the laws of 1962, is amended to read as 41 follows: 42 1. Is under the age of legal consent, which is eighteen years[,43provided that such nonage shall not of itself constitute an absolute44right to the annulment of such marriage, but such annulment shall be in45the discretion of the court which shall take into consideration all the46facts and circumstances surrounding such marriage]; 47 § 5. Subdivision 3 of section 15 of the domestic relations law is 48 REPEALED. 49 § 6. Paragraph c of subdivision 1 of section 11-a of the domestic 50 relations law is REPEALED. 51 § 7. Section 84 of the domestic relations law is REPEALED. 52 § 8. This act shall take effect on the thirtieth day after it shall 53 have become a law and shall apply to licenses issued on and after such 54 effective date and to marriages that have not been solemnized prior to 55 such effective date.