Assembly Bill A4372

2017-2018 Legislative Session

Relates to termination of parental rights in cases of a child conceived through rape

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A4372 (ACTIVE) - Details

See Senate Version of this Bill:
S3515
Current Committee:
Assembly Judiciary
Law Section:
Penal Law
Laws Affected:
Amd §§111-a & 240, Dom Rel L; amd §130.92, Pen L; add Art 6 Part 6 §§681 & 682, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2013-2014: S5001
2015-2016: A6997, S3215
2019-2020: A534, S2948
2021-2022: A539
2023-2024: A8159

2017-A4372 (ACTIVE) - Summary

Provides a process for the termination of parental rights in cases of a child conceived through rape by clear and convincing evidence.

2017-A4372 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4372
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the penal law, the domestic relations 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:
 
   Section  1. Section 130.92 of the penal law is amended by adding a new
 subdivision 4 to read as follows:
   4. THE PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO A CHILD OF
 A PARENT CONVICTED OF THE CRIME OF RAPE IN THE FIRST DEGREE  AS  DEFINED
 IN  SECTION 130.35 OF THIS ARTICLE, RAPE IN THE SECOND DEGREE AS DEFINED
 IN SECTION 130.30 OF THIS ARTICLE,  OR  RAPE  IN  THE  THIRD  DEGREE  AS
 DEFINED  IN  SECTION  130.25  OF  THIS  ARTICLE,  THAT  RESULTED  IN THE
 CONCEPTION OF SUCH CHILD SHALL BE TERMINATED IN ACCORDANCE WITH  ARTICLE
 SIX OF THE FAMILY COURT ACT.
   §  2. Subdivision 1 of section 111-a of the domestic relations law, as
 amended by chapter 371 of the laws  of  2013,  is  amended  to  read  as
 follows:
   1.  Notwithstanding  any  inconsistent provisions of this or any other
 law, and in addition to the notice requirements of any law pertaining to
 persons other than those specified in subdivision two of  this  section,
 notice  as  provided  herein  shall be given to the persons specified in
 subdivision two of this section of  any  adoption  proceeding  initiated
 pursuant  to  this  article  or  of any proceeding initiated pursuant to
 section one hundred fifteen-b of this article relating to the revocation
 of an adoption consent, when such proceeding involves a child born  out-
 of-wedlock  provided, however, that such notice shall not be required to
 be given to any person who previously  has  been  given  notice  of  any
 proceeding involving the child, pursuant to section three hundred eight-
 y-four-c of the social services law, and provided further that notice in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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