Bill Text: NY S05001 | 2013-2014 | General Assembly | Amended
Bill Title: Provides a process for the termination of parental rights in cases of a child conceived through rape by clear and convincing evidence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-21 - PRINT NUMBER 5001A [S05001 Detail]
Download: New_York-2013-S05001-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5001--A 2013-2014 Regular Sessions I N S E N A T E May 3, 2013 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the domestic relations law, the penal law and the family court act, in relation to termination of parental rights in cases of a child conceived through rape THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 111-a of the domestic relations 2 law, as amended by chapter 371 of the laws of 2013, is amended to read 3 as follows: 4 1. Notwithstanding any inconsistent provisions of this or any other 5 law, and in addition to the notice requirements of any law pertaining to 6 persons other than those specified in subdivision two of this section, 7 notice as provided herein shall be given to the persons specified in 8 subdivision two of this section of any adoption proceeding initiated 9 pursuant to this article or of any proceeding initiated pursuant to 10 section one hundred fifteen-b of this article relating to the revocation 11 of an adoption consent, when such proceeding involves a child born out- 12 of-wedlock provided, however, that such notice shall not be required to 13 be given to any person who previously has been given notice of any 14 proceeding involving the child, pursuant to section three hundred eight- 15 y-four-c of the social services law, and provided further that notice in 16 an adoption proceeding, pursuant to this section shall not be required 17 to be given to any person who has previously received notice of any 18 proceeding pursuant to section one hundred fifteen-b of this article. In 19 addition to such other requirements as may be applicable to the petition 20 in any proceeding in which notice must be given pursuant to this 21 section, the petition shall set forth the names and last known addresses EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10510-02-4 S. 5001--A 2 1 of all persons required to be given notice of the proceeding, pursuant 2 to this section, and there shall be shown by the petition or by affida- 3 vit or other proof satisfactory to the court that there are no persons 4 other than those set forth in the petition who are entitled to notice. 5 For the purpose of determining persons entitled to notice of adoption 6 proceedings initiated pursuant to this article, persons specified in 7 subdivision two of this section shall not include any person who has 8 been convicted of one or more of the following sexual offenses in this 9 state or convicted of one or more offenses in another jurisdiction 10 which, if committed in this state, would constitute one or more of the 11 following offenses, WHERE IT IS ESTABLISHED AFTER A HEARING, BY CLEAR 12 AND CONVINCING EVIDENCE, THAT SUCH PERSON COMMITTED ANY SUCH OFFENSE OR 13 when the child who is the subject of the proceeding was conceived as a 14 result: (A) rape in first [or], second OR THIRD degree; (B) course of 15 sexual conduct against a child in the first degree; (C) predatory sexual 16 assault; or (D) predatory sexual assault against a child. 17 S 2. Section 130.92 of the penal law is amended by adding a new subdi- 18 vision 4 to read as follows: 19 4. THE PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO A CHILD OF 20 A PARENT CONVICTED OF THE CRIME OF RAPE IN THE FIRST DEGREE AS DEFINED 21 IN SECTION 130.35 OF THIS ARTICLE, RAPE IN THE SECOND DEGREE AS DEFINED 22 IN SECTION 130.30 OF THIS ARTICLE, OR RAPE IN THE THIRD DEGREE AS 23 DEFINED IN SECTION 130.25 OF THIS ARTICLE, THAT RESULTED IN THE 24 CONCEPTION OF SUCH CHILD SHALL BE TERMINATED IN ACCORDANCE WITH ARTICLE 25 SIX OF THE FAMILY COURT ACT. 26 S 3. Subdivision 5 of section 240 of the domestic relations law, as 27 added by section 103 of chapter 398 of the laws of 1997, is renumbered 28 subdivision 6 and a new subdivision 7 is added to read as follows: 29 7. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW TO THE CONTRARY, NO 30 COURT SHALL AWARD CUSTODY TO A PARENT WHO HAS BEEN CHARGED WITH VIOLAT- 31 ING SECTION 130.25 (RAPE IN THE THIRD DEGREE), 130.30 (RAPE IN THE 32 SECOND DEGREE), OR 130.35 (RAPE IN THE FIRST DEGREE) OF THE PENAL LAW, 33 WHERE THE CHILD THAT SUCH PARENT SEEKS CUSTODY OR VISITATION OF WAS 34 CONCEIVED AS A RESULT OF SUCH RAPE, UNTIL THE CONCLUSION OF ALL 35 PROCEEDINGS ASSOCIATED WITH SUCH CHARGES. NEITHER CUSTODY NOR VISITATION 36 SHALL BE AWARDED TO A PARENT WHO HAS BEEN CONVICTED OF VIOLATING SECTION 37 130.25 (RAPE IN THE THIRD DEGREE), 130.30 (RAPE IN THE SECOND DEGREE), 38 OR 130.35 (RAPE IN THE FIRST DEGREE) OF THE PENAL LAW. 39 S 4. Article 6 of the family court act is amended by adding a new part 40 6 to read as follows: 41 PART 6 42 TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY 43 RAPE 44 SECTION 681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION 45 BY RAPE. 46 682. HEARING. 47 S 681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY 48 RAPE. 1. A PROCEEDING FOR TERMINATION OF PARENTAL RIGHTS ON THE GROUNDS 49 OF A FINDING OF CONCEPTION BY RAPE IS ORIGINATED BY A PETITION ALLEGING 50 THAT THE RESPONDENT COMMITTED THE CRIME OF RAPE IN THE FIRST DEGREE AS 51 DEFINED IN SECTION 130.35, RAPE IN THE SECOND DEGREE AS DEFINED IN 52 SECTION 130.30, OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 53 OF THE PENAL LAW, AND THAT THE CHILD WAS CONCEIVED AS A RESULT OF SUCH 54 RAPE. EXCEPT AS OTHERWISE PROVIDED IN THIS PART, THE PROVISIONS OF PART 55 ONE OF THIS ARTICLE SHALL APPLY TO ALL PROCEEDINGS. S. 5001--A 3 1 2. AT THE CONCLUSION OF THE HEARING UNDER SECTION SIX HUNDRED EIGHTY- 2 TWO OF THIS PART THE COURT MAY TERMINATE ALL OF THE PARENTAL RIGHTS AND 3 RESPONSIBILITIES OF THE RESPONDENT IF THE RESPONDENT IS FOUND BY CLEAR 4 AND CONVINCING EVIDENCE TO HAVE COMMITTED RAPE IN THE FIRST DEGREE AS 5 DEFINED IN SECTION 130.35, RAPE IN THE SECOND DEGREE AS DEFINED IN 6 SECTION 130.30 OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 7 OF THE PENAL LAW, AND THE CHILD WAS CONCEIVED AS A RESULT OF SUCH ACT. 8 AN ORDER OF DISPOSITION SHALL BE MADE, PURSUANT TO THIS SECTION, SOLELY 9 ON THE BASIS OF THE BEST INTERESTS OF THE CHILD, AND THERE SHALL BE NO 10 PRESUMPTION THAT SUCH INTERESTS WILL BE PROMOTED BY ANY PARTICULAR 11 DISPOSITION. 12 S 682. HEARING. THE COURT SHALL HOLD A HEARING UNDER THIS PART TO 13 DETERMINE WHETHER THE ALLEGATIONS IN THE PETITION THAT THE RESPONDENT 14 COMMITTED RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35, RAPE IN 15 THE SECOND DEGREE AS DEFINED IN SECTION 130.30 OR RAPE IN THE THIRD 16 DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, AND THAT THE CHILD 17 WAS CONCEIVED AS A RESULT OF SUCH ACT ARE SUPPORTED BY CLEAR AND 18 CONVINCING PROOF. ONLY COMPETENT, MATERIAL AND RELEVANT EVIDENCE MAY BE 19 ADMITTED IN A HEARING PURSUANT TO THIS SECTION. A CONVICTION OF THE 20 RESPONDENT ON THE CHARGES ALLEGED SHALL NOT BE REQUIRED FOR A FINDING 21 UNDER THIS SECTION. 22 S 5. This act shall take effect immediately.