A04549 Summary:

Rel 168-w to be 168-x, add 168-w, Cor L
Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.
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A04549 Actions:

02/04/2019referred to correction
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A04549 Committee Votes:

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A04549 Floor Votes:

There are no votes for this bill in this legislative session.
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A04549 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
        Introduced  by  M.  of  A.  B. MILLER  --  read once and referred to the
          Committee on Correction
        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  renumbered  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.
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