Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 27, 2013 |
signed chap.371 |
Sep 17, 2013 |
delivered to governor |
Jun 20, 2013 |
returned to senate passed assembly ordered to third reading rules cal.535 substituted for a7188a |
Jun 18, 2013 |
referred to codes returned to assembly repassed senate |
Jun 13, 2013 |
amended on third reading 5069a |
Jun 13, 2013 |
vote reconsidered - restored to third reading returned to senate recalled from assembly |
May 23, 2013 |
referred to judiciary delivered to assembly passed senate |
May 22, 2013 |
advanced to third reading |
May 21, 2013 |
2nd report cal. |
May 20, 2013 |
1st report cal.625 |
May 07, 2013 |
referred to children and families |
Senate Bill S5069A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S5069 - Details
- See Assembly Version of this Bill:
- A7188
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§240 & 111-a, Dom Rel L; amd §384-c, Soc Serv L
2013-S5069 - Sponsor Memo
BILL NUMBER:S5069 TITLE OF BILL: An act to amend the domestic relations law and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault PURPOSE: To restrict parental rights of sexual perpetrators when a child is born as a result of sexual offenses. SUMMARY OF PROVISIONS: Section 1 amends subdivision 1-c of section 240 of the domestic relations law, by providing that no court shall make an order providing for visitation or custody to a person who has been convicted (in this state or in another jurisdiction) of one or more of the following sexual offenses, when a child who is subject of the proceeding was conceived as a result: rape in the first or second degree; course of sexual conduct against a child in the first degree; predatory sexual assault; or predatory sexual assault against a child. This section also provides that, pending determination of a petition for visitation or custody, such child shall not visit and no person shall visit with such child present the parent who has been convicted of the sexual offenses enumerated in this paragraph, without the consent of such child's custodian or legal guardian.
2013-S5069 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5069 2013-2014 Regular Sessions I N S E N A T E May 7, 2013 ___________ Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the domestic relations law and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1-c of section 240 of the domestic relations law, as added by chapter 150 of the laws of 1998, paragraph (a) as amended by chapter 378 of the laws of 1999 and paragraph (c) as amended by chapter 41 of the laws of 2010, is amended to read as follows: 1-c. (a) Notwithstanding any other provision of this chapter to the contrary, no court shall make an order providing for visitation or custody to a person who has been convicted of (I) murder in the first or second degree in this state, or convicted of an offense in another jurisdiction which, if committed in this state, would constitute either murder in the first or second degree, of a parent, legal custodian, legal guardian, sibling, half-sibling or step-sibling of any child who is the subject of the proceeding; OR (II) ONE OR MORE OF THE FOLLOWING SEXUAL OFFENSES IN THIS STATE OR CONVICTED OF ONE OR MORE OFFENSES IN ANOTHER JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE OR MORE OF THE FOLLOWING OFFENSES, WHEN A CHILD WHO IS THE SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT: (A) RAPE IN THE FIRST OR SECOND DEGREE; (B) COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE; (C) PREDATORY SEXUAL ASSAULT; OR (D) PREDATORY SEXUAL ASSAULT AGAINST A CHILD. Pending determination of a petition for visitation or custody, such child shall not visit and no person shall visit with such child present, such person who has been convicted of murder in the first or second degree OR OF ONE OR MORE OF THE SEXUAL OFFENSES ENUMERATED IN THIS PARAGRAPH WHEN THE CHILD WHO IS SUBJECT OF THE PROCEEDING WAS CONCEIVED AS A RESULT OF SUCH OFFENSES in this state, or convicted of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10487-03-3
co-Sponsors
(R, C, IP, RFM) 24th Senate District
2013-S5069A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7188
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §§240 & 111-a, Dom Rel L; amd §384-c, Soc Serv L
2013-S5069A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5069A TITLE OF BILL: An act to amend the domestic relations law and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault PURPOSE OR GENERAL IDEA OF BILL: To restrict parental rights of sexual perpetrators when a child is born as a result of sexual offenses. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 1-c of section 240 of the domestic relations law, by providing that there shall be a rebuttable presumption that it is not in the best interests of the child to be placed in the custody of or to visit with a person who has been convicted (in this state or in another jurisdiction) of one or more of the following sexual offenses, when a child who is the subject of the proceeding was conceived as a result: rape in the first or second degree; course of sexual conduct against a child in the first degree; predatory sexual assault; or predatory sexual assault against a child. Section 2 amends subdivision 1 of section 111-a of the domestic relations law to provide that a person who has been convicted (in this state or in another jurisdiction) of the enumerated sexual offenses shall not be entitled to receive notice of adoption proceedings, when
2013-S5069A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5069--A Cal. No. 625 2013-2014 Regular Sessions I N S E N A T E May 7, 2013 ___________ Introduced by Sens. SKELOS, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, 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 and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1-c of section 240 of the domestic relations law, as added by chapter 150 of the laws of 1998, paragraph (a) as amended by chapter 378 of the laws of 1999 and paragraph (c) as amended by chapter 41 of the laws of 2010, is amended to read as follows: 1-c. (a) Notwithstanding any other provision of this chapter to the contrary, no court shall make an order providing for visitation or custody to a person who has been convicted of murder in the first or second degree in this state, or convicted of an offense in another jurisdiction which, if committed in this state, would constitute either murder in the first or second degree, of a parent, legal custodian, legal guardian, sibling, half-sibling or step-sibling of any child who is the subject of the proceeding. Pending determination of a petition for visitation or custody, such child shall not visit and no person shall visit with such child present, such person who has been convicted of murder in the first or second degree in this state, or convicted of and offense in another jurisdiction which, if committed in this state, would constitute either murder in the first or second degree, of a parent, legal custodian, legal guardian, sibling, half-sibling or step- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10487-05-3
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