STATE OF NEW YORK
________________________________________________________________________
4989
2023-2024 Regular Sessions
IN SENATE
February 21, 2023
___________
Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to custody and visita-
tion rights of certain sex offenders
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 renumbered 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 two or three risk, for a crime involving a child shall be, except
7 in 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 two or three risk shall be
10 presumed to be ineligible to be granted physical or legal custody of, or
11 unsupervised visitation with, a child, and a court shall grant physical
12 or legal custody of, or unsupervised visitation with, a child only if
13 the sex offender has provided clear and convincing evidence that grant-
14 ing such custody or visitation will be in the best interest of the
15 child.
16 § 2. This act shall take effect on the first of November next succeed-
17 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.
LBD03916-01-3
