Senate Bill S5069A

Signed By Governor
2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2013-S5069 - Details

See Assembly Version of this Bill:
A7188
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 111-a, Dom Rel L; amd §384-c, Soc Serv L

2013-S5069 - Summary

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.

2013-S5069 - Sponsor Memo

2013-S5069 - Bill Text download pdf

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

                                  5069

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- 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 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 (I) 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; OR (II) 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.  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 OR OF ONE OR MORE OF THE SEXUAL OFFENSES ENUMERATED IN
THIS PARAGRAPH WHEN THE CHILD WHO  IS  SUBJECT  OF  THE  PROCEEDING  WAS
CONCEIVED  AS  A  RESULT OF SUCH OFFENSES in this state, or convicted of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10487-03-3
              

co-Sponsors

2013-S5069A (ACTIVE) - Details

See Assembly Version of this Bill:
A7188
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 111-a, Dom Rel L; amd §384-c, Soc Serv L

2013-S5069A (ACTIVE) - Summary

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.

2013-S5069A (ACTIVE) - Sponsor Memo

2013-S5069A (ACTIVE) - Bill Text download pdf

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

                                 5069--A
    Cal. No. 625

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10487-05-3
              

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