Denies custody of a child to a parent convicted of rape.
TITLE OF BILL: An act to amend the domestic relations law, the family court act and the penal law, in relation to denying custody of a child to a parent convicted of rape
SUMMARY OF SPECIFIC PROVISIONS: The bill seeks to ensure that no court shall award custody to a parent who has been convicted of violating section 130.25 (rape in the third degree), 130.30 (rape in the second degree), or 130.35 (rape in the first degree) of the penal law, where the child that such parent seeks custody or visitation of was conceived as a result of such rape.
The bill amends Section 60.27 of the penal law by adding a new subdivision 15 Chat provides that the person convicted of rape in the third degree, second degree, or first degree as defined in the sections of the chapter wherein a child is conceived and delivered as a result of such rape, the court will, in addition to any sentencing, order restitution to the victim in an amount that shall provide for the child until such child achieves the age of twenty-one years.
EXISTING LAW: Subdivision 5 of section 240 of the Domestic Relations Law, as added by section 103 of Chapter 398 of the laws of 1997, by not prohibiting custody or visitation rights of a rapist's offspring, permits the rapist to petition the court for custody or visitation rights.
JUSTIFICATION: New York is among the 26 states that limit the protection afforded to women who become mothers through rape. Pregnancy from rape occurs with "significant frequency" and it is estimated that while 50% of the women who become pregnant through rape abort the fetus, and 5% place the infant for adoption, over 30% opt to keep the child. It is estimated that 12% of adult women in the United Sates have been victims of a rape.
It appears that in New York State the least protection is afforded to women with offspring resulting from rape In New York State the father of such an offspring enjoys custody and visitation rights, circumstances that serve to compound the initial act of violence and subjects women to the reprehensible reminder of their violation.
This bill seeks to deny rapists any right to custody and visitation privileges over their rape-conceived children. Moreover it seeks to have the rapist pay restitution to the mother of the raped-conceived child and by doing so excluding the rapist from Family Court rules. (Custody and Wages of Children)
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3006 2013-2014 Regular Sessions IN SENATE January 28, 2013 ___________Introduced by Sens. ADAMS, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law, the family court act and the penal law, in relation to denying custody of a child to a parent convicted of rape THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 240 of the domestic relations law, as added by section 103 of chapter 398 of the laws of 1997, is renum- bered subdivision 6 and a new subdivision 7 is added to read as follows: 7. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW TO THE CONTRARY, NO COURT SHALL AWARD CUSTODY TO A PARENT WHO HAS BEEN CONVICTED OF VIOLAT- ING SECTION 130.25 (RAPE IN THE THIRD DEGREE), 130.30 (RAPE IN THE SECOND DEGREE), OR 130.35 (RAPE IN THE FIRST DEGREE) OF THE PENAL LAW, WHERE THE CHILD THAT SUCH PARENT SEEKS CUSTODY OR VISITATION OF WAS CONCEIVED AS A RESULT OF SUCH RAPE. S 2. Subdivision (a) of section 70 of the domestic relations law, as amended by chapter 457 of the laws of 1988, is amended to read as follows: (a) Where a minor child is residing within this state, either parent may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the natural guardianship, charge and custody of such child to either parent for such time, under such regulations and restrictions, and with such provisions and directions, as the case may require, and may at any time thereafter vacate or modify such order. In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly SUBJECT,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06098-01-3 S. 3006 2
HOWEVER, TO THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY OF THIS CHAPTER. S 3. Subdivisions (a), (b) and (c) of section 651 of the family court act, subdivisions (a) and (c) as amended by chapter 85 of the laws of 1996 and subdivision (b) as amended by chapter 657 of the laws of 2003, are amended to read as follows: (a) When referred from the supreme court or county court to the family court, the family court has jurisdiction to determine, in accordance with subdivision one of section two hundred forty of the domestic relations law and with the same powers possessed by the supreme court in addition to its own powers, habeas corpus proceedings and proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors SUBJECT, HOWEVER, TO THE LIMITATIONS SET FORTH IN SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. (b) When initiated in the family court, the family court has jurisdic- tion to determine, in accordance with subdivision one of section two hundred forty of the domestic relations law and with the same powers possessed by the supreme court in addition to its own powers, habeas corpus proceedings and proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors, including applications by a grandparent or grandparents for visitation or custody rights pursuant to section seventy-two or two hundred forty of the domestic relations law SUBJECT, HOWEVER, TO THE LIMITATIONS SET FORTH IN SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. (c) When initiated in the family court pursuant to a petition under part eight of article ten of this act or section three hundred fifty- eight-a of the social services law, the family court has jurisdiction to enforce or modify orders or judgments of the supreme court relating to the visitation of minors in foster care, notwithstanding any limitation contained in subdivision (b) of section four hundred sixty-seven of this act BUT SUBJECT, HOWEVER, TO THE LIMITATIONS SET FORTH IN SUBDIVISION SEVEN OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW. S 4. Section 60.27 of the penal law is amended by adding a new subdi- vision 15 to read as follows: 15. WHEN A PERSON IS CONVICTED OF RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THIS CHAPTER, RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.30 OF THIS CHAPTER OR RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THIS CHAPTER, AND A CHILD IS CONCEIVED AS A RESULT OF SUCH RAPE, THE COURT, IN ADDITION TO ANY OTHER SENTENCE, SHALL ORDER THE PAYMENT OF RESTITUTION TO THE VICTIM OF SUCH RAPE IN AN AMOUNT TO SATISFACTORILY PROVIDE CHILD SUPPORT FOR SUCH CHILD UNTIL SUCH CHILD REACHES THE AGE OF TWENTY-ONE YEARS. S 5. This act shall take effect immediately.