Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Maziarz, Ranzenhofer, Ritchie, Hassell-Thompson, Montgomery, Kennedy
Ayes W/R (3): Little, Kruger, Peralta
Nays (1): Rivera
Ayes (53): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (9): Adams, Duane, Hassell-Thomps, Krueger, Little, Montgomery, Parker, Perkins, Rivera
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Maziarz, Ranzenhofer, Ritchie, Kennedy, Peralta, Espaillat
Nays (4): Little, Rivera, Hassell-Thompson, Montgomery
Ayes (55): Addabbo, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Nays (1): Parker
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins
BILL NUMBER:S2481
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 redesignating º168-w as º168-x and a new º168-w is added to prohibit any sex offender from being granted physical or legal custody of a child by a court, or unsupervised visitation.
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.
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
EFFECTIVE DATE:
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 ________________________________________________________________________ 2481 2011-2012 Regular Sessions IN SENATE January 21, 2011 ___________Introduced by Sen. FLANAGAN -- 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. PROHIBITION OF CUSTODY AND VISITATION RIGHTS. ANY SEX OFFEN- DER SHALL BE PROHIBITED FROM BEING GRANTED BY A COURT PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A 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. LBD07726-01-1
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