NY State Senate Bill 2015-S3215A

Archive: Last Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to children and families
May 04, 2015	print number 3215a
May 04, 2015	amend and recommit to children and families
Feb 03, 2015	referred to children and families

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S3215 - Details

See Assembly Version of this Bill:: A6997
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations 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
2017-2018: S3515, A1280, A4372
2019-2020: S2948, A534
2021-2022: A539
2023-2024: A8159

2015-S3215 - Summary

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

2015-S3215 - Sponsor Memo

                                BILL NUMBER:S3215

TITLE OF BILL:  An act to amend the domestic relations law, the penal
law and the family court act, in relation to termination of parental
rights in cases of a child conceived through rape

PURPOSE: To expand the protections afforded to women who conceive a
child as a result of rape.

SUMMARY OF LEGISLATION:

Section 1. Subdivision 1 of section 111-a of the domestic relations
law, as amended by chapter 371 of the laws of 2013, is amended.  If,
after a judicial hearing, it is found by "clear and convincing
evidence," that a woman has been raped in the first, second or third
degree, and a child was conceived as result of that rape, the woman
does not have to notify her assailant of her intention to give the
child up for adoption.

Section 2. Section 130.92 of the penal law is amended by adding a new
subdivision 4.

This terminates the parental rights and responsibilities of a parent
who is "convicted" of the crime of rape in the first, second, or third
degree. This provision mandates that the court terminate parental
rights if a conviction occurs.

Section 3. Subdivision 5 of section 240 of the domestic relations law,
as added by section 103 of chapter 398 of the laws of 1997, is
renumbered subdivision 6 and a new subdivision 7 is added.

No court shall award custody or visitation rights to any parent who
has been charged with 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, until the conclusion of all
proceedings associated with such charges. In addition, neither custody
nor visitation shall be awarded to any parent who is convicted of such
charges.

Section 4. Article 6 of the family court act is amended adding a new
part 6.

This establishes a hearing process by which a victim can prove by
"clear and convincing evidence" that the respondent committed the
crime of rape in the first, second, or third degree and a child was
conceived as a result of such rape. At the conclusion of the hearing,
the court may terminate all of the parental rights and
responsibilities of the respondent if it is found that he indeed
committed rape and the child was conceived as a result of such rape.

JUSTIFICATION: In March of 2010, Shauna Prewitt, a rape survivor and
J.D. candidate at Georgetown Law School published a scholarly piece
examining the legal protections afforded to women who mother through
rape. The piece exposed a legal system that afforded women few
protections.


At that time, most states gave a man who fathered through rape the
same legal rights to custody and visitation as any other father. It is
impossible to imagine the anguish a victim endures when they are
forced to not only interact with their assailant, but actually share
parental responsibilities. Sadly, very few states, including New York,
have passed legislation dealing with this very important issue.  When
looking at these cases, we must take into account all the legal
processes that are involved with parental rights.

The requirement of a conviction of rape is a central question when
analyzing this issue. As of 2011, a total of 31 states have enacted
statutes that either terminate parental rights or eliminate the
requirement that the father be notified of an adoption proceeding when
a child has been conceived from rape. However, 17 of the 31 state
still require a criminal conviction to begin the process of
terminating or restricting parental rights.

This is problematic because few rapes are even brought to trial and
even when they are, many defendants are allowed to plead guilty to a
lesser offense. Therefore, this legislation looks to establish a
hearing process that makes "clear and convincing evidence" sufficient
grounds for the restriction or stripping of parental rights.

This legislation would also protect women who choose to put a child
conceived through rape up for adoption. Current New York State Law
requires that unless there is a conviction of rape in the first
degree, a woman must notify the father (rapist) of a decision to put
the child up for adoption. This legislation expands the conviction to
include rape in the second and third degree and adds "clear and
convincing evidence" at a hearing to the statute. Therefore, this
proposed legislation seeks to protect victims of rape and begin their
journey to recovery should they choose to put the child up for
adoption without fearing retaliation from the perpetrator.

This legislation also mandates that a court terminate the parental
rights of any parent who is convicted of rape in the first, second, or
third degree. If someone is convicted of rape, they should have no
contact with the child. There have been cases where courts have
determined that terminating parental rights is not in the best
interest of the child because of the period of time between a
perpetrator's arrest and conviction where they have established a
presence with the child. Therefore, leaving the termination of
parental rights to the discretion of the court following a conviction
is unnecessary and unreliable.

To allow a rapist to establish a parental presence in the life of a
child is unacceptable and can be traumatic to both the mother and
child. Perpetrators can also use the interim between arrest and
conviction to intimidate the mother into dropping the charges, often
using the custody of the child as leverage. Therefore, this
legislation proposes that no custody or visitation rights be granted
to anyone charged with rape until the conclusion of the proceedings.

Finally, by establishing a process by which a woman can petition a
court to conduct a hearing for conception by rape, protects a woman
from a drawn out legal proceeding where variables are out of her
control. This hearing process also protects the accused by setting


"clear and convincing" as the standard for the stripping of parental
rights and leaving the decision to the discretion of the court.

This legislation will continue New York's position as a leader in
women's rights. Current New York law does not protect women who
conceive a child through rape. Women who choose to keep a child
conceived through rape should not be forced to relive their rape day
after day by interacting with the rapist. We can and must do better.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.

2015-S3215 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3215

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- 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 penal 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.  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
an  adoption  proceeding, pursuant to this section shall not be required
to be given to any person who has  previously  received  notice  of  any
proceeding pursuant to section one hundred fifteen-b of this article. In
addition to such other requirements as may be applicable to the petition
in  any  proceeding  in  which  notice  must  be  given pursuant to this
section, the petition shall set forth the names and last known addresses
of all persons required to be given notice of the  proceeding,  pursuant
to  this section, and there shall be shown by the petition or by affida-
vit or other proof satisfactory to the court that there are  no  persons

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04904-01-5

S. 3215                             2

other  than  those set forth in the petition who are entitled to notice.
For the purpose of determining persons entitled to  notice  of  adoption
proceedings  initiated  pursuant  to  this article, persons specified in
subdivision  two  of  this  section shall not include any person who has
been convicted of one or more of the following sexual offenses  in  this
state  or  convicted  of  one  or  more offenses in another jurisdiction
which, if committed in this state, would constitute one or more  of  the
following  offenses,  WHERE  IT IS ESTABLISHED AFTER A HEARING, BY CLEAR
AND CONVINCING EVIDENCE, THAT SUCH PERSON COMMITTED ANY SUCH OFFENSE  OR
when  the  child who is the subject of the proceeding was conceived as a
result: (A) rape in first [or], second OR THIRD degree;  (B)  course  of
sexual conduct against a child in the first degree; (C) predatory sexual
assault; or (D) predatory sexual assault against a child.
  S 2. Section 130.92 of the penal law is amended by adding a new subdi-
vision 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.
  S 3. Subdivision 5 of section 240 of the domestic  relations  law,  as
added  by  section 103 of chapter 398 of the laws of 1997, is renumbered
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 CHARGED WITH 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,  UNTIL  THE  CONCLUSION OF ALL
PROCEEDINGS ASSOCIATED WITH SUCH CHARGES. NEITHER CUSTODY NOR VISITATION
SHALL BE AWARDED 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.
  S 4. Article 6 of the family court act is amended by adding a new part
6 to read as follows:

                                 PART 6
     TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
                                  RAPE
SECTION 681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION
               BY RAPE.
        682. HEARING.
  S  681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
RAPE. 1. A PROCEEDING FOR TERMINATION OF PARENTAL RIGHTS ON THE  GROUNDS
OF  A FINDING OF CONCEPTION BY RAPE IS ORIGINATED BY A PETITION ALLEGING
THAT THE RESPONDENT COMMITTED THE CRIME OF RAPE IN THE FIRST  DEGREE  AS
DEFINED  IN  SECTION  130.35,  RAPE  IN  THE SECOND DEGREE AS DEFINED IN
SECTION 130.30, OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25
OF THE PENAL LAW, AND THAT THE CHILD WAS CONCEIVED AS A RESULT  OF  SUCH
RAPE.  EXCEPT AS OTHERWISE PROVIDED IN THIS PART, THE PROVISIONS OF PART
ONE OF THIS ARTICLE SHALL APPLY TO ALL PROCEEDINGS.
  2. AT THE CONCLUSION OF THE HEARING UNDER SECTION SIX HUNDRED  EIGHTY-
TWO  OF THIS PART THE COURT MAY TERMINATE ALL OF THE PARENTAL RIGHTS AND
RESPONSIBILITIES OF THE RESPONDENT IF THE RESPONDENT IS FOUND  BY  CLEAR

S. 3215                             3

AND  CONVINCING  EVIDENCE  TO HAVE COMMITTED RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.35, RAPE IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  130.30 OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25
OF  THE  PENAL LAW, AND THE CHILD WAS CONCEIVED AS A RESULT OF SUCH ACT.
AN ORDER OF DISPOSITION SHALL BE MADE, PURSUANT TO THIS SECTION,  SOLELY
ON  THE  BASIS OF THE BEST INTERESTS OF THE CHILD, AND THERE SHALL BE NO
PRESUMPTION THAT SUCH INTERESTS  WILL  BE  PROMOTED  BY  ANY  PARTICULAR
DISPOSITION.
  S  682.  HEARING.  THE  COURT  SHALL HOLD A HEARING UNDER THIS PART TO
DETERMINE WHETHER THE ALLEGATIONS IN THE PETITION  THAT  THE  RESPONDENT
COMMITTED RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35, RAPE IN
THE  SECOND  DEGREE  AS  DEFINED  IN SECTION 130.30 OR RAPE IN THE THIRD
DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, AND THAT THE CHILD
WAS CONCEIVED AS A RESULT  OF  SUCH  ACT  ARE  SUPPORTED  BY  CLEAR  AND
CONVINCING  PROOF. ONLY COMPETENT, MATERIAL AND RELEVANT EVIDENCE MAY BE
ADMITTED IN A HEARING PURSUANT TO THIS  SECTION.  A  CONVICTION  OF  THE
RESPONDENT  ON  THE  CHARGES ALLEGED SHALL NOT BE REQUIRED FOR A FINDING
UNDER THIS SECTION.
  S 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S3215A (ACTIVE) - Details

See Assembly Version of this Bill:: A6997
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations 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
2017-2018: S3515, A1280, A4372
2019-2020: S2948, A534
2021-2022: A539
2023-2024: A8159

2015-S3215A (ACTIVE) - Summary

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

2015-S3215A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3215A                Revised 05/13/15

TITLE OF BILL:

An act to amend the domestic relations law, the penal law and the family
court  act,  in relation to termination of parental rights in cases of a
child conceived through rape

PURPOSE:

To expand the protections afforded to women who conceive a  child  as  a
result of rape.

SUMMARY OF LEGISLATION:

Section 1. Subdivision 1 of section 111-a of the domestic relations law,
as amended by chapter 371 of the laws of 2013, is amended.

If,  after  a  judicial  hearing,  it  is found by "clear and convincing
evidence," that a woman has been raped in the  first,  second  or  third
degree, and a child was conceived as result of that rape, the woman does
not  have  to notify her assailant of her intention to give the child up
for adoption.

Section 2. Section 130.92 of the penal law is amended by  adding  a  new
subdivision 4.

This terminates the parental rights and responsibilities of a parent who
is  "convicted"  of  the  crime  of  rape in the first, second, or third
degree. This provision mandates that the court terminate parental rights
if a conviction occurs.

(Amendment) Section 3. Paragraph (b) of subdivision 1-c of  section  240
of  the domestic relations law, as amended by chapter 371 of the laws of
2013, is amended.

This includes the provision that there will be a rebuttable  presumption
that  it  is  not  in the best interests of the child whether born in or
out-of-wedlock to be placed in the custody  of  or  to  visit  with  the
person  who  has been convicted of rape which resulted in the conception
of that child.

Section 4. 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.

No court shall award custody or visitation rights to any parent who  has
been  charged  with 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, until the conclusion  of  all  proceedings  associated
with  such charges. In addition, neither custody nor visitation shall be
awarded to any parent who is convicted of such charges.

Section 4. Article 6 of the family court act is  amended  adding  a  new
part 6.

Establishing  a  process  by  which  a  woman  can petition the court to
conduct a hearing, protects the woman  from  a  long,  drawn  out  legal
proceeding.  This  hearing  process also protects the accused by setting
"clear and convincing evidence" as the  standard  for  denying  parental
rights and leaving the decision to the discretion of the court.

Lastly,  in  1982,  the  Supreme Court established, in Santosky v Kramer
(455 U.S. 745) that "clear and convincing evidence" does not impede  due
process in restricting or terminating parental rights.

LEGISLATIVE HISTORY:

S 5001 introduced 5/3/13; amended 1/21/14 - S 5001-A

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3215A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3215--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced by Sens. STAVISKY, KRUEGER, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and  Families -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the domestic relations law, the penal 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.  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
an  adoption  proceeding, pursuant to this section shall not be required
to be given to any person who has  previously  received  notice  of  any
proceeding pursuant to section one hundred fifteen-b of this article. In
addition to such other requirements as may be applicable to the petition
in  any  proceeding  in  which  notice  must  be  given pursuant to this
section, the petition shall set forth the names and last known addresses
of all persons required to be given notice of the  proceeding,  pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04904-02-5

S. 3215--A                          2

to  this section, and there shall be shown by the petition or by affida-
vit or other proof satisfactory to the court that there are  no  persons
other  than  those set forth in the petition who are entitled to notice.
For  the  purpose  of determining persons entitled to notice of adoption
proceedings initiated pursuant to this  article,  persons  specified  in
subdivision  two  of  this  section shall not include any person who has
been convicted of one or more of the following sexual offenses  in  this
state  or  convicted  of  one  or  more offenses in another jurisdiction
which, if committed in this state, would constitute one or more  of  the
following  offenses,  WHERE  IT IS ESTABLISHED AFTER A HEARING, BY CLEAR
AND CONVINCING EVIDENCE, THAT SUCH PERSON COMMITTED ANY SUCH OFFENSE  OR
when  the  child who is the subject of the proceeding was conceived as a
result: (A) rape in first [or], second OR THIRD degree;  (B)  course  of
sexual conduct against a child in the first degree; (C) predatory sexual
assault; or (D) predatory sexual assault against a child.
  S 2. Section 130.92 of the penal law is amended by adding a new subdi-
vision 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.
  S 3. Paragraph (b) of subdivision 1-c of section 240 of  the  domestic
relations law, as amended by chapter 371 of the laws of 2013, is amended
to read as follows:
  (b) Notwithstanding any other provision of this chapter to the contra-
ry,  there  shall be a rebuttable presumption that it is not in the best
interests of the child, WHETHER BORN IN OR OUT-OF-WEDLOCK, to be  placed
in  the  custody  of or to visit with a person who has been convicted of
one or more of the following sexual offenses in this state or  convicted
of  one  or more offenses in another jurisdiction which, if committed in
this state, would constitute one or more of the following offenses, when
a child who is the subject of the proceeding was conceived as a  result:
(A)  rape  in  the  first or second degree; (B) course of sexual conduct
against a child in the first degree; (C) predatory  sexual  assault;  or
(D) predatory sexual assault against a child.
  S  4.  Subdivision  5 of section 240 of the domestic relations law, as
added by section 103 of chapter 398 of the laws of 1997,  is  renumbered
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 CHARGED WITH  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,  UNTIL  THE  CONCLUSION  OF  ALL
PROCEEDINGS ASSOCIATED WITH SUCH CHARGES. NEITHER CUSTODY NOR VISITATION
SHALL BE AWARDED 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.
  S 5. Article 6 of the family court act is amended by adding a new part
6 to read as follows:

S. 3215--A                          3

                                 PART 6
     TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
                                  RAPE
SECTION 681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION
               BY RAPE.
        682. HEARING.
  S  681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
RAPE. 1. A PROCEEDING FOR TERMINATION OF PARENTAL RIGHTS ON THE  GROUNDS
OF  A FINDING OF CONCEPTION BY RAPE IS ORIGINATED BY A PETITION ALLEGING
THAT THE RESPONDENT COMMITTED THE CRIME OF RAPE IN THE FIRST  DEGREE  AS
DEFINED  IN  SECTION  130.35,  RAPE  IN  THE SECOND DEGREE AS DEFINED IN
SECTION 130.30, OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25
OF THE PENAL LAW, AND THAT THE CHILD WAS CONCEIVED AS A RESULT  OF  SUCH
RAPE.  EXCEPT AS OTHERWISE PROVIDED IN THIS PART, THE PROVISIONS OF PART
ONE OF THIS ARTICLE SHALL APPLY TO ALL PROCEEDINGS.
  2. AT THE CONCLUSION OF THE HEARING UNDER SECTION SIX HUNDRED  EIGHTY-
TWO  OF THIS PART THE COURT MAY TERMINATE ALL OF THE PARENTAL RIGHTS AND
RESPONSIBILITIES OF THE RESPONDENT IF THE RESPONDENT IS FOUND  BY  CLEAR
AND  CONVINCING  EVIDENCE  TO HAVE COMMITTED RAPE IN THE FIRST DEGREE AS
DEFINED IN SECTION 130.35, RAPE IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  130.30 OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25
OF THE PENAL LAW, AND THE CHILD WAS CONCEIVED AS A RESULT OF  SUCH  ACT.
AN  ORDER OF DISPOSITION SHALL BE MADE, PURSUANT TO THIS SECTION, SOLELY
ON THE BASIS OF THE BEST INTERESTS OF THE CHILD, AND THERE SHALL  BE  NO
PRESUMPTION  THAT  SUCH  INTERESTS  WILL  BE  PROMOTED BY ANY PARTICULAR
DISPOSITION.
  S 682. HEARING. THE COURT SHALL HOLD A  HEARING  UNDER  THIS  PART  TO
DETERMINE  WHETHER  THE  ALLEGATIONS IN THE PETITION THAT THE RESPONDENT
COMMITTED RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35, RAPE IN
THE SECOND DEGREE AS DEFINED IN SECTION 130.30  OR  RAPE  IN  THE  THIRD
DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, AND THAT THE CHILD
WAS  CONCEIVED  AS  A  RESULT  OF  SUCH  ACT  ARE SUPPORTED BY CLEAR AND
CONVINCING PROOF. ONLY COMPETENT, MATERIAL AND RELEVANT EVIDENCE MAY  BE
ADMITTED  IN  A  HEARING  PURSUANT  TO THIS SECTION. A CONVICTION OF THE
RESPONDENT ON THE CHARGES ALLEGED SHALL NOT BE REQUIRED  FOR  A  FINDING
UNDER THIS SECTION.
  S 6. This act shall take effect immediately.

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Senate Bill S3215A

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

2015-S3215 - Details

2015-S3215 - Summary

2015-S3215 - Sponsor Memo

2015-S3215 - Bill Text download pdf

co-Sponsors

2015-S3215A (ACTIVE) - Details

2015-S3215A (ACTIVE) - Summary

2015-S3215A (ACTIVE) - Sponsor Memo

2015-S3215A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3215A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

2015-S3215 - Details

2015-S3215 - Summary

2015-S3215 - Sponsor Memo

2015-S3215 - Bill Text download pdf

co-Sponsors

2015-S3215A (ACTIVE) - Details

2015-S3215A (ACTIVE) - Summary

2015-S3215A (ACTIVE) - Sponsor Memo

2015-S3215A (ACTIVE) - Bill Text download pdf

Comments