S07931 Summary:

Amd 15-a, 13-b, 25 & 7, rpld 15 sub 3, 11-a sub 1 c, 84, Dom Rel L
Increases the age of consent for purposes of marriage to the age of eighteen; and repeals certain provisions of law relating thereto.
Go to top    

S07931 Actions:

Go to top

S07931 Committee Votes:

Go to top

S07931 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S07931 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      March 3, 2020
        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the domestic relations law, in  relation  to  increasing
          the  age  of  consent for purposes of marriage to the age of eighteen;
          and to repeal certain provisions of such law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 15-a of the domestic relations law, as amended by
     2  chapter 35 of the laws of 2017, is amended to read as follows:
     3    § 15-a. Marriages of minors under [seventeen] eighteen years  of  age.
     4  Any marriage in which either party is under the age of [seventeen] eigh-
     5  teen  years is hereby prohibited. Any town or city clerk who shall know-
     6  ingly issue a marriage license to any persons, one or both of whom shall
     7  be at the time of their contemplated marriage actually under the age  of
     8  [seventeen]  eighteen  years,  shall  be  guilty of a misdemeanor and on
     9  conviction thereof shall be fined in the sum of one hundred dollars.
    10    § 2. Section 13-b of the domestic relations law, as amended by chapter
    11  35 of the laws of 2017, is amended to read as follows:
    12    § 13-b. Time within which marriage may be solemnized. A marriage shall
    13  not be solemnized within twenty-four hours after  the  issuance  of  the
    14  marriage  license, unless authorized by an order of a court of record as
    15  hereinafter provided, nor shall it be solemnized after sixty  days  from
    16  the  date  of  the  issuance  of  the marriage license unless authorized
    17  pursuant to section three hundred fifty-four-d  of  the  executive  law.
    18  Every  license  to  marry  hereafter  issued by a town or city clerk, in
    19  addition to other requirements specified by this chapter, must contain a
    20  statement of the day and the hour the license is issued and  the  period
    21  during which the marriage may be solemnized. It shall be the duty of the
    22  clergyman  or  magistrate  performing  the  marriage ceremony, or if the
    23  marriage is solemnized by written contract, of the judge before whom the
    24  contract is acknowledged, to annex  to  or  endorse  upon  the  marriage
    25  license the date and hour the marriage is solemnized. A judge or justice
    26  of  the supreme court of this state or the county judge of the county in
    27  which either party to be married resides, or [if such party is at  least

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7931                             2

     1  seventeen  years  of age,] the judge of the family court of such county,
     2  if it shall appear from an examination of  the  license  and  any  other
     3  proofs  submitted by the parties that one of the parties is in danger of
     4  imminent  death, or by reason of other emergency public interest will be
     5  promoted thereby, or that such delay will  work  irreparable  injury  or
     6  great  hardship upon the contracting parties, or one of them, may, [upon
     7  making written affirmative findings under subdivision three  of  section
     8  fifteen of this article,] make an order authorizing the immediate solem-
     9  nization  of  the marriage and upon filing such order with the clergyman
    10  or magistrate performing the marriage ceremony, or if the marriage is to
    11  be solemnized by written  contract,  with  the  judge  before  whom  the
    12  contract  is  acknowledged,  such  clergyman or magistrate may solemnize
    13  such marriage, or such judge may take such acknowledgment  as  the  case
    14  may  be,  without waiting for such three day period and twenty-four hour
    15  period to elapse. The clergyman, magistrate  or  judge  must  file  such
    16  order  with  the  town  or city clerk who issued the license within five
    17  days after the marriage is solemnized. Such  town  or  city  clerk  must
    18  record and index the order in the book required to be kept by him or her
    19  for recording affidavits, statements, consents and licenses, and when so
    20  recorded  the  order  shall  become a public record and available in any
    21  prosecution under this section. A person who shall solemnize a  marriage
    22  in  violation  of this section shall be guilty of a misdemeanor and upon
    23  conviction thereof shall be punished by a fine of fifty dollars for each
    24  offense, and in addition thereto,  his  or  her  right  to  solemnize  a
    25  marriage shall be suspended for ninety days.
    26    §  3.  Section  25 of the domestic relations law is amended to read as
    27  follows:
    28    § 25. License, when to be obtained. The  provisions  of  this  article
    29  pertaining  to  the  granting  of  the licenses before a marriage can be
    30  lawfully celebrated  apply  to  all  persons  who  assume  the  marriage
    31  relation  in  accordance with subdivision four of section eleven of this
    32  chapter. Nothing in this article contained shall be construed to  render
    33  void  by  reason of a failure to procure a marriage license any marriage
    34  solemnized between persons of full age [nor to render void any  marriage
    35  between  minors or with a minor under the legal age of consent where the
    36  consent of parent or guardian has been given and such marriage shall  be
    37  for  such  cause voidable only as to minors or a minor upon complaint of
    38  such minors or minor or of the parent or guardian thereof].
    39    § 4. Subdivision 1 of section 7 of  the  domestic  relations  law,  as
    40  amended  by  chapter  313  of  the  laws  of 1962, is amended to read as
    41  follows:
    42    1. Is under the age  of  legal  consent,  which  is  eighteen  years[,
    43  provided  that  such  nonage  shall not of itself constitute an absolute
    44  right to the annulment of such marriage, but such annulment shall be  in
    45  the  discretion of the court which shall take into consideration all the
    46  facts and circumstances surrounding such marriage];
    47    § 5. Subdivision 3 of section 15 of  the  domestic  relations  law  is
    48  REPEALED.
    49    §  6.  Paragraph  c  of  subdivision 1 of section 11-a of the domestic
    50  relations law is REPEALED.
    51    § 7. Section 84 of the domestic relations law is REPEALED.
    52    § 8. This act shall take effect on the thirtieth day  after  it  shall
    53  have  become  a law and shall apply to licenses issued on and after such
    54  effective date and to marriages that have not been solemnized  prior  to
    55  such effective date.
Go to top