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S04407 Summary:

BILL NOS04407B
 
SAME ASSAME AS A05524-B
 
SPONSORLANZA
 
COSPNSRALCANTARA, FUNKE, GALLIVAN, HAMILTON
 
MLTSPNSR
 
Amd §§15, 13-b & 15-a, Dom Rel L
 
Increases the age of consent for purposes of marriage; prohibits marriages of minors under the age of seventeen years of age.
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S04407 Actions:

BILL NOS04407B
 
02/14/2017REFERRED TO JUDICIARY
03/01/2017AMEND AND RECOMMIT TO JUDICIARY
03/01/2017PRINT NUMBER 4407A
03/07/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
03/07/2017ORDERED TO THIRD READING CAL.404
03/07/2017PASSED SENATE
03/07/2017DELIVERED TO ASSEMBLY
03/07/2017referred to judiciary
05/22/2017RECALLED FROM ASSEMBLY
05/22/2017returned to senate
05/22/2017VOTE RECONSIDERED - RESTORED TO THIRD READING
05/22/2017AMENDED ON THIRD READING 4407B
06/06/2017REPASSED SENATE
06/06/2017RETURNED TO ASSEMBLY
06/06/2017referred to codes
06/08/2017substituted for a5524b
06/08/2017ordered to third reading rules cal.107
06/08/2017passed assembly
06/08/2017returned to senate
06/08/2017DELIVERED TO GOVERNOR
06/20/2017SIGNED CHAP.35
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S04407 Committee Votes:

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S04407 Floor Votes:

DATE:06/08/2017Assembly Vote  YEA/NAY: 139/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
ER
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
ER
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
ER
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
ER
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
ER
Finch
Yes
Joyner
Yes
Morelle
ER
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
ER
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
Yes
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
ER
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S04407 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4407--B
            Cal. No. 404
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 14, 2017
                                       ___________
 
        Introduced  by Sens. LANZA, ALCANTARA, FUNKE, GALLIVAN, HAMILTON -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on Judiciary -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said  committee  --  committee
          discharged  and  said  bill  committed  to  the  Committee on Rules --
          reported favorably from said committee, ordered to  a  third  reading,
          passed  by Senate and delivered to the Assembly, recalled, vote recon-
          sidered, 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, in relation to increasing
          the age of consent for purposes of marriage to the age of seventeen
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1, and subdivisions 2, 3 and 4
     2  of  section  15 of the domestic relations law, paragraph (a) of subdivi-
     3  sion 1 as amended by chapter 415 of the laws of 2014, subdivision  2  as
     4  amended  by chapter 126 of the laws of 1984, subdivision 3 as amended by
     5  section 5 of part W2 of chapter 62 of the laws of 2003 and subdivision 4
     6  as amended by chapter 424 of the laws of 1990, are amended  to  read  as
     7  follows:
     8    (a) It shall be the duty of the town or city clerk when an application
     9  for  a  marriage  license  is  made to him or her to require each of the
    10  contracting parties to sign and verify a statement or  affidavit  before
    11  such  clerk  or  one  of  his  or her deputies, containing the following
    12  information. From [the groom] party one:  Full name [of husband],  place
    13  of  residence,  social security number, age, occupation, place of birth,
    14  name of father, country of birth, maiden  name  of  mother,  country  of
    15  birth,  number  of  marriage. From [the bride] party two:  Full name [of
    16  bride], place of residence, social  security  number,  age,  occupation,
    17  place of birth, name of father, country of birth, maiden name of mother,
    18  country  of  birth,  number  of  marriage.  Both  parties  shall also be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07462-10-7

        S. 4407--B                          2
 
     1  required to present to the clerk documentary proof of age in the form of
     2  an original or certified copy of a  birth  record,  a  certification  of
     3  birth  issued  by  the  state department of health, a local registrar of
     4  vital  statistics or other public officer charged with similar duties by
     5  the laws of any other state, territory or country, a baptismal record, a
     6  passport, an automobile  driver's  license,  any  government  or  school
     7  issued  identification card that contains a photograph of the applicant,
     8  a life insurance policy, an employment certificate, a school record,  an
     9  immigration record, a naturalization record, a court record or any other
    10  document  or record issued by a governmental entity, showing the date of
    11  birth of such parties. The said clerk shall also embody in the statement
    12  if either or both of the applicants  have  been  previously  married,  a
    13  statement  as  to  whether the former [husband or husbands or the former
    14  wife or wives] spouse or spouses of the respective applicants are living
    15  or dead and as to whether either or both of said applicants are divorced
    16  persons, if so, when and where and against whom the divorce or  divorces
    17  were  granted  and  shall  also embody therein a statement that no legal
    18  impediment exists as to the right of each of  the  applicants  to  enter
    19  into  the  marriage  state.  The town or city clerk is hereby given full
    20  power and authority to administer oaths and may require  the  applicants
    21  to  produce witnesses to identify them or either of them and may examine
    22  under oath or otherwise other  witnesses  as  to  any  material  inquiry
    23  pertaining  to  the  issuing  of  the license, and if the applicant is a
    24  divorced person the clerk may also require the production of a certified
    25  copy of the decree of the divorce, or proof of an existing  marriage  of
    26  parties  who  apply  for a license to be used for a second or subsequent
    27  ceremony; provided, however, that in cities or towns the verified state-
    28  ments and affidavits may be made before any regular clerk or designee of
    29  the clerk's office.
    30    2. If it appears from the affidavits and statements so taken, and from
    31  the documentary proof of age  presented,  that  the  persons  for  whose
    32  marriage  the  license  in question is demanded are legally competent to
    33  marry, the said clerk shall issue such license [except in the  following
    34  cases.    If  it  shall appear upon an application that the applicant is
    35  under eighteen years of age, before the town or city clerk shall issue a
    36  license, he shall require documentary proof of age in  the  form  of  an
    37  original  or  certified copy of a birth record, a certification of birth
    38  issued by the state department of health, a  local  registrar  of  vital
    39  statistics  or  other  public officer charged with similar duties by the
    40  laws of any other state, territory or country, a baptismal record, pass-
    41  port, automobile driver's license,  life  insurance  policy,  employment
    42  certificate, school record, immigration record, naturalization record or
    43  court  record,  showing  the date of birth of such minor. If the town or
    44  city clerk shall be in doubt as to whether an applicant claiming  to  be
    45  over  eighteen  years  of age is actually over eighteen years of age, he
    46  shall, before issuing such license, require documentary proof  as  above
    47  defined].
    48    3.  If  it  shall  appear  upon  an  application  of the applicants as
    49  provided in this section or upon information required by the clerk  that
    50  either  party  is  at  least  [sixteen] seventeen years of age but under
    51  eighteen years of age, then the town or city clerk before he shall issue
    52  a license shall require:
    53    (a) the written consent to the marriage from both parents of the minor
    54  or minors or such as shall then be living, or if the parents of both are
    55  dead, then the written consent of the  guardian  or  guardians  of  such
    56  minor or minors. If one of the parents has been missing and has not been

        S. 4407--B                          3
 
     1  seen  or  heard  from for a period of one year preceding the time of the
     2  application for the license, although diligent inquiry has been made  to
     3  learn the whereabouts of such parent, the town or city clerk may issue a
     4  license  to such minor upon the sworn statement and consent of the other
     5  parent.  If the marriage of the parents of such minor has been dissolved
     6  by decree of divorce or annulment, the consent of the parent to whom the
     7  court which granted the decree has awarded the  custody  of  such  minor
     8  shall  be  sufficient. If there is no parent or guardian of the minor or
     9  minors living to their knowledge then  the  town  or  city  clerk  shall
    10  require  the  written  consent to the marriage of the person under whose
    11  care or government the minor or minors may be before a license shall  be
    12  issued.  If  a parent of such minor has been adjudicated an incompetent,
    13  the town or city clerk may issue  a  license  to  such  minor  upon  the
    14  production  of a certified copy of such judgment so determining and upon
    15  the written consent of the other parent. If there  is  no  other  parent
    16  whose  consent  is required by this section, then and in such event, the
    17  town or city clerk shall require the written consent of the guardian  of
    18  such minor or of the person under whose care or government the minor may
    19  be  before  a  license shall be issued. The parents, guardians, or other
    20  persons whose consent it shall be necessary to obtain and file with  the
    21  town  or  city  clerk  before  the license shall issue, shall personally
    22  appear and acknowledge or execute the  same  before  the  town  or  city
    23  clerk,  or  some  other  officer authorized to administer oaths and take
    24  acknowledgments provided that where such affidavit or acknowledgment  is
    25  made  before an official other than an officer designated in section two
    26  hundred ninety-eight of the real property law as authorized to take such
    27  affidavit or acknowledgment if a conveyance of real property were  being
    28  acknowledged  or  proved, or if a certificate of authentication would be
    29  required by section three hundred ten of the real property law to  enti-
    30  tle  the instrument to be recorded if it were a conveyance of real prop-
    31  erty, the consent when filed must have attached thereto a certificate of
    32  authentication[.
    33    3. If it shall appear upon an application for a marriage license  that
    34  either  party  is under the age of sixteen years, the town or city clerk
    35  shall require,  in  addition  to  any  consents  provided  for  in  this
    36  section,]; and
    37    (b)  the  written  approval  [and consent] of a justice of the supreme
    38  court or of a judge of the family court, having  jurisdiction  over  the
    39  town  or  city  in  which  the application is made, to be attached to or
    40  endorsed upon the application, before the license is issued. The  appli-
    41  cation for such approval [and consent] may be made by either minor party
    42  to  the  proposed  marriage and shall be heard by the judge at chambers.
    43  The justice of the supreme court or the judge of the family court  shall
    44  appoint  an attorney for the child for each minor party immediately upon
    45  the application for approval. The  attorney  for  the  child  must  have
    46  received  training  in domestic violence including a component on forced
    47  marriage. All papers and records  pertaining  to  any  such  application
    48  shall  be  sealed [by him] and withheld from inspection, except by order
    49  of a court of competent jurisdiction.  Before issuing any approval,  the
    50  justice of the supreme court or the judge of the family court shall:
    51    (i)  provide  notification  to  each minor party of his or her rights,
    52  including but not limited to, rights in relation to termination  of  the
    53  marriage,  child  and  spousal  support,  domestic violence services and
    54  access to public benefits and other services, which  notification  shall
    55  be developed by the office of court administration, in consultation with
    56  the office for the prevention of domestic violence;

        S. 4407--B                          4
 
     1    (ii)  with  respect  to each party, including a minor party, conduct a
     2  review of related decisions in court proceedings initiated  pursuant  to
     3  article  ten  of the family court act, and all warrants issued under the
     4  family court act, and reports of the statewide computerized registry  of
     5  orders  of protection established and maintained pursuant to section two
     6  hundred twenty-one-a of the executive law, and reports of the sex offen-
     7  der registry established and maintained pursuant to section one  hundred
     8  sixty-eight-b of the correction law; and
     9    (iii)  have  an in camera interview, separately with each minor party,
    10  and make the following written affirmative findings:
    11    A. that it is the minor's own will  that  the  minor  enter  into  the
    12  marriage;
    13    B. that the minor is not being compelled by force, threat, persuasion,
    14  fraud, coercion or duress; and
    15    C.  that the marriage will not endanger the mental, emotional or phys-
    16  ical safety of the minor.
    17    In making such findings, the court shall consider, among  other  rele-
    18  vant  factors,  the  age  difference between the parties intending to be
    19  married, whether there is a power imbalance between the parties  intend-
    20  ing  to be married, whether the parties are incapable of consenting to a
    21  marriage for want of understanding, whether there is a history of domes-
    22  tic violence between the parties and  whether  there  is  a  history  of
    23  domestic  violence  between a party and either parties' or legal guardi-
    24  ans' family members. The wishes of the parents or legal guardians of the
    25  minor intending to be married shall not be the sole basis  for  approval
    26  under this subdivision.
    27    Upon  the approval of the justice of the supreme court or the judge of
    28  the family court of the application to marry,  each  minor  party  shall
    29  have  all  the  rights  of an adult, including the right to enter into a
    30  contract, except for those specific  constitutional  and  statutory  age
    31  requirements  such  as,  but  not  limited  to, voting, use of alcoholic
    32  beverages, and other health or safety statutes relevant to  him  or  her
    33  because of his or her age.
    34    4.  Before  issuing any licenses herein provided for, the town or city
    35  clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
    36  paid  by the applicants before or at the time the license is issued. Any
    37  town or city clerk who shall issue a license to marry any persons one or
    38  both of whom shall not be at the time of the marriage under such license
    39  legally competent to marry without first requiring the parties  to  such
    40  marriage to make such affidavits and statements or who shall not require
    41  the  production  of  documentary  proof  of  age or the procuring of the
    42  approval and consents provided for by this  article,  which  shall  show
    43  that  the  parties  authorized by said license to be married are legally
    44  competent to marry, shall be guilty of a misdemeanor and  on  conviction
    45  thereof  shall  be  fined in the sum of one hundred dollars for each and
    46  every offense. On or before the fifteenth day of each month,  each  town
    47  and  city  clerk,  except in the city of New York, shall transmit to the
    48  state commissioner of health twenty-two dollars and fifty cents  of  the
    49  amount  received  for  each  fee collected, which shall be paid into the
    50  vital records management account as provided  by  section  ninety-seven-
    51  cccc  of  the  state  finance  law.  In any city the balance of all fees
    52  collected for the issuing of a marriage license, or  for  solemnizing  a
    53  marriage,  so  far  as collected for services rendered by any officer or
    54  employee of such city, shall be paid monthly into the city treasury  and
    55  may  by  ordinance  be credited to any fund therein designated, and said
    56  ordinance, when duly enacted, shall have the force of law in such  city.

        S. 4407--B                          5
 
     1  Notwithstanding  any  other provisions of this article, the clerk of any
     2  city with the approval of the governing body  of  such  city  is  hereby
     3  authorized  to designate, in writing filed in the city clerk's office, a
     4  deputy  clerk,  if  any,  and/or  other city employees in such office to
     5  receive applications for, examine applications,  investigate  and  issue
     6  marriage  licenses in the absence or inability of the clerk of said city
     7  to act, and said deputy and/or employees so designated are hereby vested
     8  with all the powers and duties of said city clerk relative thereto. Such
     9  deputy and/or employees shall perform  said  duties  without  additional
    10  compensation.
    11    [4.]  5. Notwithstanding any other provision of this section, the city
    12  clerk of the city of  New  York,  before  issuing  any  licenses  herein
    13  provided  for,  shall be entitled to a fee of twenty-five dollars, which
    14  sum shall be paid by the applicants before or at the time the license is
    15  issued and all such fees so received shall be paid monthly into the city
    16  treasury.
    17    § 2. Section 13-b of the domestic relations law, as amended by chapter
    18  652 of the laws of 2007, is amended to read as follows:
    19    § 13-b. Time within which marriage may be solemnized. A marriage shall
    20  not be solemnized within twenty-four hours after  the  issuance  of  the
    21  marriage  license, unless authorized by an order of a court of record as
    22  hereinafter provided, nor shall it be solemnized after sixty  days  from
    23  the  date  of  the  issuance  of  the marriage license unless authorized
    24  pursuant to section three hundred fifty-four-d  of  the  executive  law.
    25  Every  license  to  marry  hereafter  issued by a town or city clerk, in
    26  addition to other requirements specified by this chapter, must contain a
    27  statement of the day and the hour the license is issued and  the  period
    28  during which the marriage may be solemnized. It shall be the duty of the
    29  clergyman  or  magistrate  performing  the  marriage ceremony, or if the
    30  marriage is solemnized by written contract, of the judge before whom the
    31  contract is acknowledged, to annex  to  or  endorse  upon  the  marriage
    32  license the date and hour the marriage is solemnized. A judge or justice
    33  of  the supreme court of this state or the county judge of the county in
    34  which either party to be married resides, or if  such  party  is  [under
    35  sixteen]  at least seventeen years of age, the judge of the family court
    36  of such county, if it shall appear from an examination  of  the  license
    37  and any other proofs submitted by the parties that one of the parties is
    38  in  danger  of  imminent  death,  or by reason of other emergency public
    39  interest will be promoted thereby, or that such delay will work irrepar-
    40  able injury or great hardship upon the contracting parties,  or  one  of
    41  them,  may,  upon  making written affirmative findings under subdivision
    42  three of section fifteen of this article, make an order authorizing  the
    43  immediate  solemnization of the marriage and upon filing such order with
    44  the clergyman or magistrate performing the marriage ceremony, or if  the
    45  marriage  is to be solemnized by written contract, with the judge before
    46  whom the contract is acknowledged,  such  clergyman  or  magistrate  may
    47  solemnize  such  marriage, or such judge may take such acknowledgment as
    48  the case may be, without waiting for such three day period  and  twenty-
    49  four hour period to elapse. The clergyman, magistrate or judge must file
    50  such  order  with  the  town or city clerk who issued the license within
    51  five days after the marriage is solemnized.   Such town  or  city  clerk
    52  must  record  and index the order in the book required to be kept by him
    53  or her for recording affidavits, statements, consents and licenses,  and
    54  when so recorded the order shall become a public record and available in
    55  any  prosecution  under  this  section.  A  person who shall solemnize a
    56  marriage in violation of this section shall be guilty of  a  misdemeanor

        S. 4407--B                          6
 
     1  and upon conviction thereof shall be punished by a fine of fifty dollars
     2  for each offense, and in addition thereto, his or her right to solemnize
     3  a marriage shall be suspended for ninety days.
     4    § 3. Section 15-a of the domestic relations law, as amended by chapter
     5  126 of the laws of 1984, is amended to read as follows:
     6    §  15-a.  Marriages of minors under [fourteen] seventeen years of age.
     7  Any marriage in which either party is under the age of [fourteen] seven-
     8  teen years is hereby prohibited. Any town or city clerk who shall  know-
     9  ingly issue a marriage license to any persons, one or both of whom shall
    10  be  at the time of their contemplated marriage actually under the age of
    11  [fourteen] seventeen years, shall be guilty  of  a  misdemeanor  and  on
    12  conviction thereof shall be fined in the sum of one hundred dollars.
    13    §  4.  This  act shall take effect on the thirtieth day after it shall
    14  have become a law and shall apply to licenses issued on and  after  such
    15  effective  date  and to marriages that have not been solemnized prior to
    16  such effective date.
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