Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.
Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Montgomery, Perkins
Excused (2): O'Mara, Parker
TITLE OF BILL: An act to amend the correction law, in relation to custody and visitation rights of a sex offender
SUMMARY OF PROVISIONS:
Section one of the bill amends Article 6-C of the Correction Law by re-designating § 168-w as §168-x and adding a new §168-w to prohibit any sex offender designated as a sexual predator, or a sexually violent offender, or classified as a level three risk, for a crime involving a child shall be, except in extraordinary circumstances, prohibited from being granted by a court physical or legal custody of, or unsupervised visitation with a child.
The bill further amends the law by adding to the new Section 168-w a presumption of ineligibility of any sex offender classified as a level three risk from being granted physical or legal custody of, or unsupervised visitation with, a child unless the sex offender has provided clear and convincing evidence that it would be in the best interest of the child.
The children of sex offenders, perhaps most of all, are at the greatest risk for abuse and deserve the significant protections that would come from denying a sex offender-parent custody or unsupervised visitation. Sexual offenders designated level three risk, sexual predator and sexually violent offender for crimes involving a child, shall be prohibited from being granted custody or visitation, except in extraordinary circumstances. All other level three sex offenders shall be presumed ineligible for custody or visitation unless the sex offender presents clear and convincing evidence that it would be in the best interest of the child.
PRIOR LEGISLATIVE HISTORY:
2003-04: Senate 3rd Reading Cal./Assembly Corrections Cmte. 2005-06: Senate Crime Victims, Crime & Corrections Cmte./Assembly Corrections Cmte. 2007-08: Senate Crime Victims, Crime & Corrections Cmte./Assembly Corrections Cmte. 2009-10: Reported and Committed to Codes Cmte./Assembly Corrections Committee 2011-12: passed Senate/Assembly Corrections Committee
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1452 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. FLANAGAN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to custody and visita- tion rights of a sex offender THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-w of the correction law, as relettered by chap- ter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows: S 168-W. CUSTODY AND VISITATION RIGHTS. 1. ANY SEX OFFENDER DESIGNATED AS A SEXUAL PREDATOR, OR A SEXUALLY VIOLENT OFFENDER, OR CLASSIFIED AS A LEVEL THREE RISK, FOR A CRIME INVOLVING A CHILD SHALL BE, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, PROHIBITED FROM BEING GRANTED BY A COURT PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD. 2. ANY SEX OFFENDER CLASSIFIED AS A LEVEL THREE RISK SHALL BE PRESUMED TO BE INELIGIBLE TO BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPER- VISED VISITATION WITH, A CHILD, AND A COURT SHALL GRANT PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD ONLY IF THE SEX OFFENDER HAS PROVIDED CLEAR AND CONVINCING EVIDENCE THAT GRANTING SUCH CUSTODY OR VISITATION WILL BE IN THE BEST INTEREST OF THE CHILD. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05629-01-3