S1452-2013 Actions

• Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1452-2013 Memo

BILL NUMBER:S1452

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.

JUSTIFICATION:

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.

FISCAL IMPLICATIONS:

None.

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

EFFECTIVE DATE:


This  act  shall  take effect on the first of November next succeeding
the date on which it shall have become a law.

S1452-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1452
 2013-2014 Regular Sessions
 I N  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

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