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S03006 Summary:

BILL NOS03006
 
SAME ASNo same as
 
SPONSORADAMS
 
COSPNSRPARKER
 
MLTSPNSR
 
Amd SS240 & 70, Dom Rel L; amd S651, Fam Ct Act; amd S60.27, Pen L
 
Denies custody of a child to a parent convicted of rape.
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S03006 Actions:

BILL NOS03006
 
01/28/2013REFERRED TO CHILDREN AND FAMILIES
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S03006 Floor Votes:

There are no votes for this bill in this legislative session.
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S03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3006
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2013
                                       ___________
 
        Introduced by Sens. ADAMS, PARKER -- 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, the family court act and the
          penal  law,  in  relation  to  denying  custody of a child to a parent
          convicted of rape
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5 of section 240 of the domestic relations law,
     2  as  added  by  section 103 of chapter 398 of the laws of 1997, is renum-
     3  bered subdivision 6 and a new subdivision 7 is added to read as follows:
     4    7. Notwithstanding any other provision of any law to the contrary,  no
     5  court  shall award custody to a parent who has been convicted of violat-
     6  ing section 130.25 (rape in the  third  degree),  130.30  (rape  in  the
     7  second  degree),  or 130.35 (rape in the first degree) of the penal law,
     8  where the child that such parent seeks  custody  or  visitation  of  was
     9  conceived as a result of such rape.

    10    §  2.  Subdivision (a) of section 70 of the domestic relations law, as
    11  amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
    12  follows:
    13    (a)   Where a minor child is residing within this state, either parent
    14  may apply to the supreme court for a writ of habeas corpus to have  such
    15  minor  child  brought  before such court; and on the return thereof, the
    16  court, on due consideration, may award the natural guardianship,  charge
    17  and  custody  of  such  child to either parent for such time, under such
    18  regulations and restrictions, and with such provisions  and  directions,
    19  as the case may require, and may at any time thereafter vacate or modify
    20  such  order.    In  all cases there shall be no prima facie right to the
    21  custody of the child in either parent, but  the  court  shall  determine
    22  solely  what  is  for the best interest of the child, and what will best

    23  promote its welfare and happiness, and make award  accordingly  subject,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06098-01-3

        S. 3006                             2
 
     1  however,  to  the provisions of subdivision seven of section two hundred
     2  forty of this chapter.
     3    §  3. Subdivisions (a), (b) and (c) of section 651 of the family court
     4  act, subdivisions (a) and (c) as amended by chapter 85 of  the  laws  of
     5  1996  and subdivision (b) as amended by chapter 657 of the laws of 2003,
     6  are amended to read as follows:
     7    (a) When referred from the supreme court or county court to the family

     8  court, the family court has jurisdiction  to  determine,  in  accordance
     9  with  subdivision  one  of  section  two  hundred  forty of the domestic
    10  relations law and with the same powers possessed by the supreme court in
    11  addition to its own powers, habeas corpus  proceedings  and  proceedings
    12  brought  by  petition  and order to show cause, for the determination of
    13  the custody or visitation of minors subject, however, to the limitations
    14  set forth in subdivision seven of  section  two  hundred  forty  of  the
    15  domestic relations law.
    16    (b) When initiated in the family court, the family court has jurisdic-
    17  tion  to  determine,  in  accordance with subdivision one of section two
    18  hundred forty of the domestic relations law and  with  the  same  powers
    19  possessed  by  the  supreme  court in addition to its own powers, habeas

    20  corpus proceedings and proceedings brought by petition and order to show
    21  cause, for the determination of the custody  or  visitation  of  minors,
    22  including  applications  by a grandparent or grandparents for visitation
    23  or custody rights pursuant to section seventy-two or two  hundred  forty
    24  of  the  domestic relations law subject, however, to the limitations set
    25  forth in subdivision seven of section two hundred forty of the  domestic
    26  relations law.
    27    (c)  When  initiated  in the family court pursuant to a petition under
    28  part eight of article ten of this act or section  three  hundred  fifty-
    29  eight-a of the social services law, the family court has jurisdiction to
    30  enforce  or  modify orders or judgments of the supreme court relating to
    31  the visitation of minors in foster care, notwithstanding any  limitation

    32  contained in subdivision (b) of section four hundred sixty-seven of this
    33  act  but  subject,  however, to the limitations set forth in subdivision
    34  seven of section two hundred forty of the domestic relations law.
    35    § 4. Section 60.27 of the penal law is amended by adding a new  subdi-
    36  vision 15 to read as follows:
    37    15.  When a person is convicted of rape in the third degree as defined
    38  in section 130.25 of this chapter, rape in the second degree as  defined
    39  in section 130.30 of this chapter or rape in the first degree as defined
    40  in  section 130.35 of this chapter, and a child is conceived as a result
    41  of such rape, the court, in addition to any other sentence, shall  order
    42  the  payment  of  restitution to the victim of such rape in an amount to

    43  satisfactorily provide child support for such  child  until  such  child
    44  reaches the age of twenty-one years.
    45    § 5. This act shall take effect immediately.
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