S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4278

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by  M.  of  A.  CROUCH  --  Multi-Sponsored  by  -- M. of A.
  BACALLES, BURLING, FINCH, OAKS, RAIA -- read once and referred to  the
  Committee on Judiciary

AN  ACT to amend the domestic relations law and the family court act, in
  relation to the granting of custody of a minor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  240  of the domestic relations law is amended by
adding a new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW TO THE CONTRARY,  NO
COURT  SHALL  AWARD  CUSTODY  TO OR ALLOW UNSUPERVISED VISITATION WITH A
PARENT OR ANY OTHER PERSON WHO HAS BEEN CONVICTED OF  VIOLATING  SECTION
130.20  (SEXUAL  MISCONDUCT);  130.25 (RAPE IN THE THIRD DEGREE); 130.30
(RAPE IN THE SECOND DEGREE); 130.35 (RAPE IN THE FIRST  DEGREE);  130.40
(CRIMINAL  SEXUAL  ACT IN THE THIRD DEGREE); 130.45 (CRIMINAL SEXUAL ACT
IN THE SECOND DEGREE); 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE);
130.55 (SEXUAL ABUSE IN THE THIRD DEGREE); 130.60 (SEXUAL ABUSE  IN  THE
SECOND  DEGREE);  130.65  (SEXUAL  ABUSE  IN  THE  FIRST DEGREE); 130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (AGGRAVATED SEXU-
AL ABUSE IN THE FIRST DEGREE); 255.25  (INCEST  IN  THE  THIRD  DEGREE);
255.26  (INCEST  IN  THE  SECOND  DEGREE);  255.27  (INCEST IN THE FIRST
DEGREE); 263.05 (USE  OF  A  CHILD  IN  A  SEXUAL  PERFORMANCE);  263.10
(PROMOTING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD); 263.15 (PROMOTING
A SEXUAL PERFORMANCE BY A CHILD); 235.21 (DISSEMINATING INDECENT MATERI-
AL TO MINORS IN THE SECOND DEGREE); 235.22 (DISSEMINATING INDECENT MATE-
RIAL TO MINORS IN THE FIRST DEGREE); 230.30 (PROMOTING  PROSTITUTION  IN
THE SECOND DEGREE); 230.32 (PROMOTING PROSTITUTION IN THE FIRST DEGREE);
OR  SUBDIVISION  TWO  OF  SECTION  230.25 (PROMOTING PROSTITUTION IN THE
THIRD DEGREE) OF THE PENAL LAW, UNLESS THE COURT FINDS THAT THERE IS  NO
SIGNIFICANT RISK TO THE CHILD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06983-01-9

              

A. 4278                             2

  S  2.  Subdivision (a) of section 70 of the domestic relations law, as
amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
follows:
  (a)   Where a minor child is residing within this state, either parent
may apply to the supreme court for a writ of habeas corpus to have  such
minor  child  brought  before such court; and on the return thereof, the
court, on due consideration, may award the natural guardianship,  charge
and  custody  of  such  child to either parent for such time, under such
regulations and restrictions, and with such provisions  and  directions,
as the case may require, and may at any time thereafter vacate or modify
such  order.    In  all cases there shall be no prima facie right to the
custody of the child in either parent, but  the  court  shall  determine
solely  what  is  for the best interest of the child, and what will best
promote its welfare and happiness, and make award  accordingly  SUBJECT,
HOWEVER,  TO  THE  PROVISIONS  OF SUBDIVISION SIX OF SECTION TWO HUNDRED
FORTY OF THIS CHAPTER.
  S 3. Subdivisions (a), (b) and (c) of section 651 of the family  court
act,  subdivisions  (a)  and (c) as amended by chapter 85 of the laws of
1996 and subdivision (b) as amended by chapter 657 of the laws of  2003,
are amended to read as follows:
  (a) When referred from the supreme court or county court to the family
court,  the  family  court  has jurisdiction to determine, in accordance
with subdivision one of  section  two  hundred  forty  of  the  domestic
relations law and with the same powers possessed by the supreme court in
addition  to  its  own powers, habeas corpus proceedings and proceedings
brought by petition and order to show cause, for  the  determination  of
the custody or visitation of minors SUBJECT, HOWEVER, TO THE LIMITATIONS
SET  FORTH IN SUBDIVISION SIX OF SECTION TWO HUNDRED FORTY OF THE DOMES-
TIC RELATIONS LAW REGARDING THE  AWARDING  OF  CUSTODY  OR  UNSUPERVISED
VISITATION  TO  A  PERSON  WHO HAS BEEN CONVICTED OF ANY OF THE OFFENSES
ENUMERATED IN SUCH SUBDIVISION.
  (b) When initiated in the family court, the family court has jurisdic-
tion to determine, in accordance with subdivision  one  of  section  two
hundred  forty  of  the  domestic relations law and with the same powers
possessed by the supreme court in addition to  its  own  powers,  habeas
corpus proceedings and proceedings brought by petition and order to show
cause,  for  the  determination  of the custody or visitation of minors,
including applications by a grandparent or grandparents  for  visitation
or  custody  rights pursuant to section seventy-two or two hundred forty
of the domestic relations law SUBJECT, HOWEVER, TO THE  LIMITATIONS  SET
FORTH  IN  SUBDIVISION  SIX OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC
RELATIONS LAW REGARDING THE AWARDING OF CUSTODY OR UNSUPERVISED  VISITA-
TION  TO  A PERSON WHO HAS BEEN CONVICTED OF ANY OF THE OFFENSES ENUMER-
ATED IN SUCH SUBDIVISION.
  (c) When initiated in the family court pursuant to  a  petition  under
part  eight  of  article ten of this act or section three hundred fifty-
eight-a of the social services law, the family court has jurisdiction to
enforce or modify orders or judgments of the supreme court  relating  to
the  visitation of minors in foster care, notwithstanding any limitation
contained in subdivision (b) of section four hundred sixty-seven of this
act BUT SUBJECT, HOWEVER, TO THE LIMITATIONS SET  FORTH  IN  SUBDIVISION
SIX OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW REGARDING
THE  AWARDING  OF CUSTODY OR UNSUPERVISED VISITATION TO A PERSON WHO HAS
BEEN CONVICTED OF ANY OF THE OFFENSES ENUMERATED IN SUCH SUBDIVISION.
  S 4. This act shall take effect immediately.