S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    539
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. BRAUNSTEIN, STECK -- read once and referred to
   the Committee on Judiciary
 
 AN ACT to amend the penal law, the domestic relations 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. Section 130.92 of the penal law is amended by adding a new
 subdivision 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.
   §  2. 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03491-01-1

 A. 539                              2
 
 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 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.
   § 3. Paragraph (b) of subdivision 1-c of section 240 of  the  domestic
 relations law, as amended by chapter 182 of the laws of 2019, 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:
   (A) 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:
   (1) rape in the first or second degree;
   (2) course of sexual conduct against a child in the first degree;
   (3) predatory sexual assault; or
   (4) predatory sexual assault against a child; or
   (B) be placed in the custody of or have  unsupervised  visits  with  a
 person  who  has  been  convicted of a felony sex offense, as defined in
 section 70.80 of the penal law, or convicted of an  offense  in  another
 jurisdiction  which, if committed in this state, would constitute such a
 felony sex offense, where the victim of such offense was the  child  who
 is the subject of the proceeding.
   §  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

 A. 539                              3
 
 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.
   § 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
 SECTION 681. TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION
                BY RAPE.
         682. HEARING.
   §  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.
   § 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.
   § 6. This act shall take effect immediately.