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

                                 6997--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2015
                               ___________

Introduced  by M. of A. BRAUNSTEIN, SCHIMEL -- read once and referred to
  the Committee on Judiciary  --  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
to this section, and there shall be shown by the petition or by  affida-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04904-03-5
              

A. 6997--A                          2

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:

                                 PART 6
     TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
                                  RAPE

A. 6997--A                          3

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.