STATE OF NEW YORK
________________________________________________________________________
3548--A
2011-2012 Regular Sessions
IN ASSEMBLY
January 25, 2011
___________
Introduced by M. of A. GABRYSZAK, P. RIVERA, GUNTHER -- Multi-Sponsored
by -- M. of A. LUPARDO, WEISENBERG -- read once and referred to the
Committee on Correction -- recommitted to the Committee on Correction
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the correction law, in relation to custody and visita-
tion rights of a sex offender
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 168-w of the correction law, as relettered by chap-
2 ter 604 of the laws of 2005, is relettered section 168-x and a new
3 section 168-w is added to read as follows:
4 § 168-w. Custody and visitation rights. 1. Any sex offender designated
5 as a sexual predator, or a sexually violent offender, or classified as a
6 level three risk, for a crime involving a child shall be, except in
7 extraordinary circumstances, prohibited from being granted by a court
8 physical or legal custody of, or unsupervised visitation with, a child.
9 2. Any sex offender classified as a level three risk shall be presumed
10 to be ineligible to be granted physical or legal custody of, or unsuper-
11 vised visitation with, a child, and a court shall grant physical or
12 legal custody of, or unsupervised visitation with, a child only if the
13 sex offender has provided clear and convincing evidence that granting
14 such custody or visitation will be in the best interest of the child.
15 § 2. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07726-03-2
