Bill Text: NY S08122 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to the age of consent for purposes of marriage.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-06-13 - REFERRED TO RULES [S08122 Detail]

Download: New_York-2015-S08122-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8122
                    IN SENATE
                                      June 13, 2016
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the domestic relations law, in relation to  the  age  of
          consent for purposes of marriage
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 1, and subdivisions 2, 3 and 4
     2  of section 15 of the domestic relations law, paragraph (a)  of  subdivi-
     3  sion  1  as amended by chapter 415 of the laws of 2014, subdivision 2 as
     4  amended by chapter 126 of the laws of 1984, subdivision 3 as amended  by
     5  section 5 of part W2 of chapter 62 of the laws of 2003 and subdivision 4
     6  as  amended  by  chapter 424 of the laws of 1990, are amended to read as
     7  follows:
     8    (a) It shall be the duty of the town or city clerk when an application
     9  for a marriage license is made to him or her  to  require  each  of  the
    10  contracting  parties  to sign and verify a statement or affidavit before
    11  such clerk or one of his  or  her  deputies,  containing  the  following
    12  information.  From [the groom] party one:  Full name [of husband], place
    13  of residence, social security number, age, occupation, place  of  birth,
    14  name  of  father,  country  of  birth, maiden name of mother, country of
    15  birth, number of marriage. From [the bride] party two:   Full  name  [of
    16  bride],  place  of  residence,  social security number, age, occupation,
    17  place of birth, name of father, country of birth, maiden name of mother,
    18  country of birth,  number  of  marriage.  Both  parties  shall  also  be
    19  required to present to the clerk documentary proof of age in the form of
    20  an  original  or  certified  copy  of a birth record, a certification of
    21  birth issued by the state department of health,  a  local  registrar  of
    22  vital  statistics or other public officer charged with similar duties by
    23  the laws of any other state, territory or country, a baptismal record, a
    24  passport, an automobile  driver's  license,  any  government  or  school
    25  issued  identification card that contains a photograph of the applicant,
    26  a life insurance policy, an employment certificate, a school record,  an
    27  immigration record, a naturalization record, a court record or any other
    28  document  or record issued by a governmental entity, showing the date of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15851-03-6
        S. 8122                             2
     1  birth of such parties. The said clerk shall also embody in the statement
     2  if either or both of the applicants  have  been  previously  married,  a
     3  statement  as  to  whether the former [husband or husbands or the former
     4  wife or wives] spouse or spouses of the respective applicants are living
     5  or dead and as to whether either or both of said applicants are divorced
     6  persons,  if so, when and where and against whom the divorce or divorces
     7  were granted and shall also embody therein a  statement  that  no  legal
     8  impediment  exists  as  to  the right of each of the applicants to enter
     9  into the marriage state. The town or city clerk  is  hereby  given  full
    10  power  and  authority to administer oaths and may require the applicants
    11  to produce witnesses to identify them or either of them and may  examine
    12  under  oath  or  otherwise  other  witnesses  as to any material inquiry
    13  pertaining to the issuing of the license, and  if  the  applicant  is  a
    14  divorced person the clerk may also require the production of a certified
    15  copy  of  the decree of the divorce, or proof of an existing marriage of
    16  parties who apply for a license to be used for a  second  or  subsequent
    17  ceremony; provided, however, that in cities or towns the verified state-
    18  ments and affidavits may be made before any regular clerk or designee of
    19  the clerk's office.
    20    2. If it appears from the affidavits and statements so taken, and from
    21  the  documentary  proof  of  age  presented,  that the persons for whose
    22  marriage the license in question is demanded are  legally  competent  to
    23  marry,  the said clerk shall issue such license [except in the following
    24  cases.  If it shall appear upon an application  that  the  applicant  is
    25  under eighteen years of age, before the town or city clerk shall issue a
    26  license,  he  shall  require  documentary proof of age in the form of an
    27  original or certified copy of a birth record, a certification  of  birth
    28  issued  by  the  state  department of health, a local registrar of vital
    29  statistics or other public officer charged with similar  duties  by  the
    30  laws of any other state, territory or country, a baptismal record, pass-
    31  port,  automobile  driver's  license,  life insurance policy, employment
    32  certificate, school record, immigration record, naturalization record or
    33  court record, showing the date of birth of such minor. If  the  town  or
    34  city  clerk  shall be in doubt as to whether an applicant claiming to be
    35  over eighteen years of age is actually over eighteen years  of  age,  he
    36  shall,  before  issuing such license, require documentary proof as above
    37  defined].
    38    3. If it shall  appear  upon  an  application  of  the  applicants  as
    39  provided  in this section or upon information required by the clerk that
    40  either party is at least sixteen years of age but under  eighteen  years
    41  of  age,  then  the  town  or city clerk before he shall issue a license
    42  shall require:
    43    (a) the written consent to the marriage from both parents of the minor
    44  or minors or such as shall then be living, or if the parents of both are
    45  dead, then the written consent of the  guardian  or  guardians  of  such
    46  minor or minors. If one of the parents has been missing and has not been
    47  seen  or  heard  from for a period of one year preceding the time of the
    48  application for the license, although diligent inquiry has been made  to
    49  learn the whereabouts of such parent, the town or city clerk may issue a
    50  license  to such minor upon the sworn statement and consent of the other
    51  parent.  If the marriage of the parents of such minor has been dissolved
    52  by decree of divorce or annulment, the consent of the parent to whom the
    53  court which granted the decree has awarded the  custody  of  such  minor
    54  shall  be  sufficient. If there is no parent or guardian of the minor or
    55  minors living to their knowledge then  the  town  or  city  clerk  shall
    56  require  the  written  consent to the marriage of the person under whose
        S. 8122                             3
     1  care or government the minor or minors may be before a license shall  be
     2  issued.  If  a parent of such minor has been adjudicated an incompetent,
     3  the town or city clerk may issue  a  license  to  such  minor  upon  the
     4  production  of a certified copy of such judgment so determining and upon
     5  the written consent of the other parent. If there  is  no  other  parent
     6  whose  consent  is required by this section, then and in such event, the
     7  town or city clerk shall require the written consent of the guardian  of
     8  such minor or of the person under whose care or government the minor may
     9  be  before  a  license shall be issued. The parents, guardians, or other
    10  persons whose consent it shall be necessary to obtain and file with  the
    11  town  or  city  clerk  before  the license shall issue, shall personally
    12  appear and acknowledge or execute the  same  before  the  town  or  city
    13  clerk,  or  some  other  officer authorized to administer oaths and take
    14  acknowledgments provided that where such affidavit or acknowledgment  is
    15  made  before an official other than an officer designated in section two
    16  hundred ninety-eight of the real property law as authorized to take such
    17  affidavit or acknowledgment if a conveyance of real property were  being
    18  acknowledged  or  proved, or if a certificate of authentication would be
    19  required by section three hundred ten of the real property law to  enti-
    20  tle  the instrument to be recorded if it were a conveyance of real prop-
    21  erty, the consent when filed must have attached thereto a certificate of
    22  authentication[.]; and
    23    [3. If it shall appear upon an application for a marriage license that
    24  either party is under the age of sixteen years, the town or  city  clerk
    25  shall  require,  in  addition  to  any  consents  provided  for  in this
    26  section,]
    27    (b) the written approval and consent of a justice of the supreme court
    28  or of a judge of the family court, having jurisdiction over the town  or
    29  city  in  which  the  application is made, to be attached to or endorsed
    30  upon the application, before the license is issued. The application  for
    31  such  approval and consent shall be heard by the judge at chambers.  The
    32  justice of the supreme court and the judge of  the  family  court  shall
    33  appoint  an attorney for the child for each minor party immediately upon
    34  the application for approval and consent. The  attorney  for  the  child
    35  must  have  received training in domestic violence including a component
    36  on forced marriage. All papers and records pertaining to any such appli-
    37  cation shall be sealed by him and withheld from  inspection,  except  by
    38  order of a court of competent jurisdiction.  Before issuing approval and
    39  consent,  the  justice  of  the supreme court or the judge of the family
    40  court must have an in  camera  interview,  separately  with  each  minor
    41  party, and must make the following affirmative findings:
    42    (i)  that  it  is  the  minor's own will that the minor enter into the
    43  marriage;
    44    (ii) that the minor is not being compelled against his or her will  by
    45  force, threat, persuasion, fraud, coercion or duress; and
    46    (iii)  that  the  marriage will not endanger the mental, emotional and
    47  physical safety of the minor. In making such findings, the  court  shall
    48  consider,  among  other relevant factors, the age difference between the
    49  parties intending to be married, whether  there  is  a  power  imbalance
    50  between  the  parties  intending  to be married, whether the parties are
    51  incapable of consenting to a marriage for want of understanding, whether
    52  there is a history of domestic violence between the parties and  whether
    53  there  is  a  history  of  domestic  violence between a party and either
    54  parties' family members. Neither current or  past  pregnancy  of  either
    55  individual,  nor  the  wishes  of  the parents or legal guardians of the
        S. 8122                             4
     1  minor intending to be married shall be the sole  basis  for  consent  or
     2  approval under this subdivision.
     3    4.  If it shall appear upon an application for a marriage license that
     4  either party is under the age of sixteen years, then the  town  or  city
     5  clerk shall not issue a license to marry.
     6    5.  Before  issuing any licenses herein provided for, the town or city
     7  clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
     8  paid  by the applicants before or at the time the license is issued. Any
     9  town or city clerk who shall issue a license to marry any persons one or
    10  both of whom shall not be at the time of the marriage under such license
    11  legally competent to marry without first requiring the parties  to  such
    12  marriage to make such affidavits and statements or who shall not require
    13  the  production  of  documentary  proof  of  age or the procuring of the
    14  approval and consents provided for by this  article,  which  shall  show
    15  that  the  parties  authorized by said license to be married are legally
    16  competent to marry, shall be guilty of a misdemeanor and  on  conviction
    17  thereof  shall  be  fined in the sum of one hundred dollars for each and
    18  every offense. On or before the fifteenth day of each month,  each  town
    19  and  city  clerk,  except in the city of New York, shall transmit to the
    20  state commissioner of health twenty-two dollars and fifty cents  of  the
    21  amount  received  for  each  fee collected, which shall be paid into the
    22  vital records management account as provided  by  section  ninety-seven-
    23  cccc  of  the  state  finance  law.  In any city the balance of all fees
    24  collected for the issuing of a marriage license, or  for  solemnizing  a
    25  marriage,  so  far  as collected for services rendered by any officer or
    26  employee of such city, shall be paid monthly into the city treasury  and
    27  may  by  ordinance  be credited to any fund therein designated, and said
    28  ordinance, when duly enacted, shall have the force of law in such  city.
    29  Notwithstanding  any  other provisions of this article, the clerk of any
    30  city with the approval of the governing body  of  such  city  is  hereby
    31  authorized  to designate, in writing filed in the city clerk's office, a
    32  deputy clerk, if any, and/or other city  employees  in  such  office  to
    33  receive  applications  for,  examine applications, investigate and issue
    34  marriage licenses in the absence or inability of the clerk of said  city
    35  to act, and said deputy and/or employees so designated are hereby vested
    36  with all the powers and duties of said city clerk relative thereto. Such
    37  deputy  and/or  employees  shall  perform said duties without additional
    38  compensation.
    39    [4.] 6. Notwithstanding any other provision of this section, the  city
    40  clerk  of  the  city  of  New  York,  before issuing any licenses herein
    41  provided for, shall be entitled to a fee of twenty-five  dollars,  which
    42  sum shall be paid by the applicants before or at the time the license is
    43  issued and all such fees so received shall be paid monthly into the city
    44  treasury.
    45    § 2. Section 13-b of the domestic relations law, as amended by chapter
    46  652 of the laws of 2007, is amended to read as follows:
    47    § 13-b. Time within which marriage may be solemnized. A marriage shall
    48  not  be  solemnized  within  twenty-four hours after the issuance of the
    49  marriage license, unless authorized by an order of a court of record  as
    50  hereinafter  provided,  nor shall it be solemnized after sixty days from
    51  the date of the issuance  of  the  marriage  license  unless  authorized
    52  pursuant  to  section  three  hundred fifty-four-d of the executive law.
    53  Every license to marry hereafter issued by a  town  or  city  clerk,  in
    54  addition to other requirements specified by this chapter, must contain a
    55  statement  of  the day and the hour the license is issued and the period
    56  during which the marriage may be solemnized. It shall be the duty of the
        S. 8122                             5
     1  clergyman or magistrate performing the  marriage  ceremony,  or  if  the
     2  marriage is solemnized by written contract, of the judge before whom the
     3  contract  is  acknowledged,  to  annex  to  or endorse upon the marriage
     4  license the date and hour the marriage is solemnized. A judge or justice
     5  of  the supreme court of this state or the county judge of the county in
     6  which either party to be married resides, or if such party is [under] at
     7  least sixteen years of age, the judge of the family court of such  coun-
     8  ty,  if it shall appear from an examination of the license and any other
     9  proofs submitted by the parties that one of the parties is in danger  of
    10  imminent  death, or by reason of other emergency public interest will be
    11  promoted thereby, or that such delay will  work  irreparable  injury  or
    12  great  hardship  upon the contracting parties, or one of them, may, upon
    13  making affirmative findings under subdivision three of  section  fifteen
    14  of  this  article, make an order authorizing the immediate solemnization
    15  of the marriage and upon filing such order with the clergyman or  magis-
    16  trate  performing  the  marriage  ceremony,  or if the marriage is to be
    17  solemnized by written contract, with the judge before whom the  contract
    18  is  acknowledged,  such  clergyman  or  magistrate  may  solemnize  such
    19  marriage, or such judge may take such acknowledgment as the case may be,
    20  without waiting for such three day period and twenty-four hour period to
    21  elapse. The clergyman, magistrate or judge must file such order with the
    22  town or city clerk who issued the license within  five  days  after  the
    23  marriage  is solemnized.   Such town or city clerk must record and index
    24  the order in the book required to be kept by him or  her  for  recording
    25  affidavits,  statements, consents and licenses, and when so recorded the
    26  order shall become a public record  and  available  in  any  prosecution
    27  under this section. A person who shall solemnize a marriage in violation
    28  of  this  section  shall  be guilty of a misdemeanor and upon conviction
    29  thereof shall be punished by a fine of fifty dollars for  each  offense,
    30  and  in addition thereto, his or her right to solemnize a marriage shall
    31  be suspended for ninety days.
    32    § 3. Section 15-a of the domestic relations law, as amended by chapter
    33  126 of the laws of 1984, is amended to read as follows:
    34    § 15-a. Marriages of minors under [fourteen] sixteen years of age. Any
    35  marriage in which either party is under the age  of  [fourteen]  sixteen
    36  years  is  hereby prohibited. Any town or city clerk who shall knowingly
    37  issue a marriage license to any persons, one or both of whom shall be at
    38  the time of their contemplated marriage actually under the age of [four-
    39  teen] sixteen years, shall be guilty of a misdemeanor and on  conviction
    40  thereof shall be fined in the sum of one hundred dollars.
    41    §  4.  This  act  shall  take  effect  immediately  and shall apply to
    42  licenses issued on and after such effective date and to  marriages  that
    43  have not been solemnized prior to such effective date.