Bill S5069A-2013

Relates to orders of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result

Relates to an order of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result of such assault.

Details

Actions

  • Sep 27, 2013: SIGNED CHAP.371
  • Sep 17, 2013: DELIVERED TO GOVERNOR
  • Jun 20, 2013: returned to senate
  • Jun 20, 2013: passed assembly
  • Jun 20, 2013: ordered to third reading rules cal.535
  • Jun 20, 2013: substituted for a7188a
  • Jun 18, 2013: referred to codes
  • Jun 18, 2013: RETURNED TO ASSEMBLY
  • Jun 18, 2013: REPASSED SENATE
  • Jun 13, 2013: AMENDED ON THIRD READING 5069A
  • Jun 13, 2013: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 13, 2013: returned to senate
  • Jun 13, 2013: RECALLED FROM ASSEMBLY
  • May 23, 2013: referred to judiciary
  • May 23, 2013: DELIVERED TO ASSEMBLY
  • May 23, 2013: PASSED SENATE
  • May 22, 2013: ADVANCED TO THIRD READING
  • May 21, 2013: 2ND REPORT CAL.
  • May 20, 2013: 1ST REPORT CAL.625
  • May 7, 2013: REFERRED TO CHILDREN AND FAMILIES

Calendars

Votes

Memo

BILL NUMBER:S5069A

TITLE OF BILL: An act to amend the domestic relations law and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault

PURPOSE OR GENERAL IDEA OF BILL: To restrict parental rights of sexual perpetrators when a child is born as a result of sexual offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1-c of section 240 of the domestic relations law, by providing that there shall be a rebuttable presumption that it is not in the best interests of the child to be placed in the custody of or to visit with a person who has been convicted (in this state or in another jurisdiction) of one or more of the following sexual offenses, when a child who is the subject of the proceeding was conceived as a result: rape in the first or second degree; course of sexual conduct against a child in the first degree; predatory sexual assault; or predatory sexual assault against a child.

Section 2 amends subdivision 1 of section 111-a of the domestic relations law to provide that a person who has been convicted (in this state or in another jurisdiction) of the enumerated sexual offenses shall not be entitled to receive notice of adoption proceedings, when the child subject to these proceedings was conceived as the result of the sexual offenses committed.

Section 3 amends subdivision 1 of section 384-c of the social services law to provide that a person who has been convicted (in this state or in another jurisdiction) of the enumerated sexual offenses shall not be entitled to receive notice of specified social services proceedings regarding dependent children in foster care, guardianship and custody of children not in foster care, and guardianship and custody of destitute or dependent children.

Section 4 provides that this act shall take effect immediately.

JUSTIFICATION: A woman can become pregnant as a result of rape, sexual assault or other sexual offenses. If she chooses to keep her child, the law does not sufficiently protect her from her perpetrator. Currently, New York State law provides that any person convicted of rape in the first degree with forcible compulsion has no right to be notified if the victim decides to put the baby up for adoption, when the child was conceived as a result of such rape. This does not protect women if their children are the result of other sexual offenses other than rape in the first degree with forcible compulsion.

Similarly, the current law explicitly restricts visitation and custody rights for those convicted of murder (in the first or second degree) of a parent, legal custodian, legal guardian, sibling, half-sibling, or step-sibling of any child who is the subject of the proceeding. However, the law does not explicitly restrict visitation and custody rights for sexual offenders regarding children generated from the crime they have committed and for which they have been convicted.

Sexual perpetrators can threaten their victims by filing a petition of visitation and custody rights in order to discourage these women from prosecuting criminal charges against them. This bill will close a loophole in the current law, providing full protection to victims of sexual offenses and their children from their perpetrators.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5069--A Cal. No. 625 2013-2014 Regular Sessions IN SENATE May 7, 2013 ___________
Introduced by Sens. SKELOS, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the domestic relations law and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1-c of section 240 of the domestic relations law, as added by chapter 150 of the laws of 1998, paragraph (a) as amended by chapter 378 of the laws of 1999 and paragraph (c) as amended by chapter 41 of the laws of 2010, is amended to read as follows: 1-c. (a) Notwithstanding any other provision of this chapter to the contrary, no court shall make an order providing for visitation or custody to a person who has been convicted of murder in the first or second degree in this state, or convicted of an offense in another jurisdiction which, if committed in this state, would constitute either murder in the first or second degree, of a parent, legal custodian, legal guardian, sibling, half-sibling or step-sibling of any child who is the subject of the proceeding. Pending determination of a petition for visitation or custody, such child shall not visit and no person shall visit with such child present, such person who has been convicted of murder in the first or second degree in this state, or convicted of and offense in another jurisdiction which, if committed in this state, would constitute either murder in the first or second degree, of a parent, legal custodian, legal guardian, sibling, half-sibling or step-
sibling of a child who is the subject of the proceeding without the consent of such child's custodian or legal guardian. (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 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. (C) Notwithstanding paragraph (a) OR (B) of this subdivision a court may order visitation or custody where: (i) (A) such child is of suitable age to signify assent and such child assents to such visitation or custody; or (B) if such child is not of suitable age to signify assent, the child's custodian or legal guardian assents to such order; or (C) the person who has been convicted of murder in the first or second degree, or an offense in another jurisdiction which if committed in this state, would constitute either murder in the first or second degree, can prove by a preponderance of the evidence that: (1) he or she, or a family or household member of either party, was a victim of domestic violence by the victim of such murder; and (2) the domestic violence was causally related to the commission of such murder; [and] (ii) AND the court finds that such visitation or custody is in the best interests of the child. [(c)] (D) For the purpose of making a determination pursuant to clause (C) of subparagraph (i) of paragraph [(b)] (C) of this subdivision, the court shall not be bound by the findings of fact, conclusions of law or ultimate conclusion as determined by the proceedings leading to the conviction of murder in the first or second degree in this state or of an offense in another jurisdiction which, if committed in this state, would constitute murder in either the first or second degree, of a parent, legal guardian, legal custodian, sibling, half-sibling or step- sibling of a child who is the subject of the proceeding. In all proceedings under this section, an attorney shall be appointed for the child. S 2. Subdivision 1 of section 111-a of the domestic relations law, as amended by chapter 353 of the laws of 1993, 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 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 [rape in the first degree involving forcible compul- sion, under subdivision one of section 130.35 of the penal law, when the child who is the subject of the proceeding was conceived as a result of such rape] 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 THE CHILD WHO IS THE SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE IN 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 3. Subdivision 1 of section 384-c of the social services law, as amended by chapter 18 of the laws of 1979, is amended to read as follows: 1. Notwithstanding any inconsistent provision 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 proceeding initiated pursuant to sections three hundred fifty-eight-a, three hundred eighty-four, and three hundred eighty-four-b of this chapter, involving a child born out-of-wedlock. Persons specified in subdivision two of this section shall not include any person who has been convicted of [rape in the first degree involving forcible compulsion, under subdivision one of section 130.35 of the penal law, when the child who is the subject of the proceeding was conceived as a result of such rape] 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 THE CHILD WHO IS THE SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE IN 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. This act shall take effect immediately.

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