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S05069 Summary:

BILL NO    S05069A

SAME AS    SAME AS A07188-A

SPONSOR    SKELOS

COSPNSR    LANZA

MLTSPNSR   

Amd SS240 & 111-a, Dom Rel L; amd S384-c, Soc Serv L

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.
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S05069 Actions:

BILL NO    S05069A

05/07/2013 REFERRED TO CHILDREN AND FAMILIES
05/20/2013 1ST REPORT CAL.625
05/21/2013 2ND REPORT CAL.
05/22/2013 ADVANCED TO THIRD READING 
05/23/2013 PASSED SENATE
05/23/2013 DELIVERED TO ASSEMBLY
05/23/2013 referred to judiciary
06/13/2013 RECALLED FROM ASSEMBLY
06/13/2013 returned to senate
06/13/2013 VOTE RECONSIDERED - RESTORED TO THIRD READING
06/13/2013 AMENDED ON THIRD READING 5069A
06/18/2013 REPASSED SENATE
06/18/2013 RETURNED TO ASSEMBLY
06/18/2013 referred to codes
06/20/2013 substituted for a7188a
06/20/2013 ordered to third reading rules cal.535
06/20/2013 passed assembly
06/20/2013 returned to senate
09/17/2013 DELIVERED TO GOVERNOR
09/27/2013 SIGNED CHAP.371
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S05069 Text:

                           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:

    1    Section  1.  Subdivision  1-c of section 240 of the domestic relations
    2  law, as added by chapter 150 of the  laws  of  1998,  paragraph  (a)  as
    3  amended  by chapter 378 of the laws of 1999 and paragraph (c) as amended
    4  by chapter 41 of the laws of 2010, is amended to read as follows:
    5    1-c. (a) Notwithstanding any other provision of this  chapter  to  the
    6  contrary,  no  court  shall  make  an  order providing for visitation or
    7  custody to a person who has been convicted of murder  in  the  first  or
    8  second  degree  in  this  state,  or  convicted of an offense in another
    9  jurisdiction which, if committed in this state, would constitute  either
   10  murder  in  the  first  or  second degree, of a parent, legal custodian,
   11  legal guardian, sibling, half-sibling or step-sibling of any  child  who
   12  is  the  subject  of the proceeding. Pending determination of a petition
   13  for visitation or custody, such child shall  not  visit  and  no  person
   14  shall  visit with such child present, such person who has been convicted
   15  of murder in the first or second degree in this state, or  convicted  of
   16  and  offense  in another jurisdiction which, if committed in this state,
   17  would constitute either murder in the  first  or  second  degree,  of  a
   18  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
       S. 5069--A                          2

    1  sibling of a child who is the subject  of  the  proceeding  without  the
    2  consent of such child's custodian or legal guardian.
    3    (b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRA-
    4  RY,  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT IT IS NOT IN THE BEST
    5  INTERESTS OF THE CHILD TO BE PLACED IN THE CUSTODY OF OR TO VISIT WITH A
    6  PERSON WHO HAS BEEN CONVICTED OF ONE OR MORE  OF  THE  FOLLOWING  SEXUAL
    7  OFFENSES  IN  THIS STATE OR CONVICTED OF ONE OR MORE OFFENSES IN ANOTHER
    8  JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE  OR
    9  MORE  OF  THE FOLLOWING OFFENSES, WHEN A CHILD WHO IS THE SUBJECT OF THE
   10  PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE IN THE  FIRST  OR  SECOND
   11  DEGREE;  (B)  COURSE  OF  SEXUAL  CONDUCT  AGAINST  A CHILD IN THE FIRST
   12  DEGREE; (C) PREDATORY SEXUAL ASSAULT; OR (D)  PREDATORY  SEXUAL  ASSAULT
   13  AGAINST A CHILD.
   14    (C)  Notwithstanding  paragraph (a) OR (B) of this subdivision a court
   15  may order visitation or custody where:
   16    (i) (A) such child is of suitable age to signify assent and such child
   17  assents to such visitation or custody; or
   18    (B) if such child is not  of  suitable  age  to  signify  assent,  the
   19  child's custodian or legal guardian assents to such order; or
   20    (C) the person who has been convicted of murder in the first or second
   21  degree, or an offense in another jurisdiction which if committed in this
   22  state, would constitute either murder in the first or second degree, can
   23  prove by a preponderance of the evidence that:
   24    (1)  he or she, or a family or household member of either party, was a
   25  victim of domestic violence by the victim of such murder; and
   26    (2) the domestic violence was causally related to  the  commission  of
   27  such murder; [and]
   28    (ii)  AND  the  court  finds that such visitation or custody is in the
   29  best interests of the child.
   30    [(c)] (D) For the purpose of making a determination pursuant to clause
   31  (C) of subparagraph (i) of paragraph [(b)] (C) of this subdivision,  the
   32  court  shall not be bound by the findings of fact, conclusions of law or
   33  ultimate conclusion as determined by  the  proceedings  leading  to  the
   34  conviction  of  murder in the first or second degree in this state or of
   35  an offense in another jurisdiction which, if committed  in  this  state,
   36  would  constitute  murder  in  either  the  first or second degree, of a
   37  parent, legal guardian, legal custodian, sibling, half-sibling or  step-
   38  sibling  of  a  child  who  is  the  subject  of  the proceeding. In all
   39  proceedings under this section, an attorney shall be appointed  for  the
   40  child.
   41    S  2. Subdivision 1 of section 111-a of the domestic relations law, as
   42  amended by chapter 353 of the laws  of  1993,  is  amended  to  read  as
   43  follows:
   44    1.  Notwithstanding  any  inconsistent provisions of this or any other
   45  law, and in addition to the notice requirements of any law pertaining to
   46  persons other than those specified in subdivision two of  this  section,
   47  notice  as  provided  herein  shall be given to the persons specified in
   48  subdivision two of this section of  any  adoption  proceeding  initiated
   49  pursuant  to  this  article  or  of any proceeding initiated pursuant to
   50  section one hundred fifteen-b OF THIS ARTICLE relating to the revocation
   51  of an adoption consent, when such proceeding involves a child born  out-
   52  of-wedlock  provided, however, that such notice shall not be required to
   53  be given to any person who previously  has  been  given  notice  of  any
   54  proceeding involving the child, pursuant to section three hundred eight-
   55  y-four-c of the social services law, and provided further that notice in
   56  an  adoption  proceeding, pursuant to this section shall not be required
       S. 5069--A                          3

    1  to be given to any person who has  previously  received  notice  of  any
    2  proceeding pursuant to section one hundred fifteen-b OF THIS ARTICLE. In
    3  addition to such other requirements as may be applicable to the petition
    4  in  any  proceeding  in  which  notice  must  be  given pursuant to this
    5  section, the petition shall set forth the names and last known addresses
    6  of all persons required to be given notice of the  proceeding,  pursuant
    7  to  this section, and there shall be shown by the petition or by affida-
    8  vit or other proof satisfactory to the court that there are  no  persons
    9  other  than  those set forth in the petition who are entitled to notice.
   10  For the purpose of determining persons entitled to  notice  of  adoption
   11  proceedings  initiated  pursuant  to  this article, persons specified in
   12  subdivision two of this section shall not include  any  person  who  has
   13  been  convicted  of [rape in the first degree involving forcible compul-
   14  sion, under subdivision one of section 130.35 of the penal law, when the
   15  child who is the subject of the proceeding was conceived as a result  of
   16  such rape] ONE OR MORE OF THE FOLLOWING SEXUAL OFFENSES IN THIS STATE OR
   17  CONVICTED  OF  ONE  OR  MORE  OFFENSES IN ANOTHER JURISDICTION WHICH, IF
   18  COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE OR MORE OF  THE  FOLLOWING
   19  OFFENSES,  WHEN  THE  CHILD  WHO  IS  THE  SUBJECT OF THE PROCEEDING WAS
   20  CONCEIVED AS A RESULT: (A) RAPE IN FIRST OR SECOND DEGREE; (B) COURSE OF
   21  SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE; (C) PREDATORY SEXUAL
   22  ASSAULT; OR (D) PREDATORY SEXUAL ASSAULT AGAINST A CHILD.
   23    S 3. Subdivision 1 of section 384-c of the  social  services  law,  as
   24  amended  by  chapter  18  of  the  laws  of  1979, is amended to read as
   25  follows:
   26    1. Notwithstanding any inconsistent provision of  this  or  any  other
   27  law, and in addition to the notice requirements of any law pertaining to
   28  persons  other  than those specified in subdivision two of this section,
   29  notice as provided herein shall be given to  the  persons  specified  in
   30  subdivision  two of this section of any proceeding initiated pursuant to
   31  sections three hundred fifty-eight-a,  three  hundred  eighty-four,  and
   32  three  hundred  eighty-four-b  of  this  chapter, involving a child born
   33  out-of-wedlock.  Persons specified in subdivision two  of  this  section
   34  shall  not  include  any  person  who has been convicted of [rape in the
   35  first degree involving forcible compulsion,  under  subdivision  one  of
   36  section  130.35  of  the penal law, when the child who is the subject of
   37  the proceeding was conceived as a result of such rape] ONE  OR  MORE  OF
   38  THE  FOLLOWING SEXUAL OFFENSES IN THIS STATE OR CONVICTED OF ONE OR MORE
   39  OFFENSES IN ANOTHER JURISDICTION WHICH,  IF  COMMITTED  IN  THIS  STATE,
   40  WOULD  CONSTITUTE  ONE OR MORE OF THE FOLLOWING OFFENSES, WHEN THE CHILD
   41  WHO IS THE SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE
   42  IN FIRST OR SECOND DEGREE; (B) COURSE OF SEXUAL CONDUCT AGAINST A  CHILD
   43  IN  THE  FIRST  DEGREE;  (C)  PREDATORY SEXUAL ASSAULT; OR (D) PREDATORY
   44  SEXUAL ASSAULT AGAINST A CHILD.
   45    S 4. This act shall take effect immediately.
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