S T A T E   O F   N E W   Y O R K
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                                  6432

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  domestic relations law, in relation to allowing
  marriages within twenty-four hours of receiving a marriage license

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

  Section  1.  Section 13-b of the domestic relations law, as amended by
chapter 652 of the laws of 2007, is amended to read as follows:
  S 13-b. Time within which marriage may be solemnized. [A] 1. EXCEPT AS
PROVIDED IN SUBDIVISION TWO OF THIS SECTION, A  marriage  shall  not  be
solemnized  within  twenty-four hours after the issuance of the marriage
license, unless authorized by an order of a court of record  as  herein-
after  provided,  nor  shall  it be solemnized after sixty days from the
date of the issuance of the marriage license unless authorized  pursuant
to  section  three  hundred  fifty-four-d  of the executive law.   Every
license to marry hereafter issued by a town or city clerk,  in  addition
to  other  requirements specified by this chapter, must contain a state-
ment of the day and the hour the license is issued and the period during
which the marriage may be solemnized. It shall be the duty of the  cler-
gyman or magistrate performing the marriage ceremony, or if the marriage
is solemnized by written contract, of the judge before whom the contract
is  acknowledged,  to  annex to or endorse upon the marriage license the
date and hour the marriage is solemnized. A  judge  or  justice  of  the
supreme  court  of this state or the county judge of the county in which
either party to be married resides, or if such party  is  under  sixteen
years  of age, the judge of the family court of such county, if it shall
appear from an examination of the license and any other proofs submitted
by the parties that one of the parties is in danger of  imminent  death,
or  by reason of other emergency public interest will be promoted there-
by, or that such delay will work irreparable injury  or  great  hardship
upon  the contracting parties, or one of them, may make an order author-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01924-01-1
              

A. 6432                             2

izing the immediate solemnization of the marriage and upon  filing  such
order with the clergyman or magistrate performing the marriage ceremony,
or  if  the  marriage  is to be solemnized by written contract, with the
judge before whom the contract is acknowledged, such clergyman or magis-
trate  may solemnize such marriage, or such judge may take such acknowl-
edgment as the case may be, without waiting for such  three  day  period
and  twenty-four  hour  period  to  elapse. The clergyman, magistrate or
judge must file such order with the town or city clerk  who  issued  the
license within five days after the marriage is solemnized.  Such town or
city  clerk  must  record and index the order in the book required to be
kept by him OR HER for recording affidavits,  statements,  consents  and
licenses,  and  when  so recorded the order shall become a public record
and available in any prosecution under this section. A person who  shall
solemnize  a  marriage in violation of this section shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a  fine  of
fifty  dollars  for  each  offense,  and in addition thereto, his OR HER
right to solemnize a marriage shall be suspended for ninety days.
  2. NOTWITHSTANDING THE TWENTY-FOUR HOUR WAITING PERIOD  PRESCRIBED  IN
SUBDIVISION  ONE OF THIS SECTION, ANY MILITARY PERSONNEL WHOSE SCHEDULED
MILITARY DEPLOYMENT IS LESS THAN THIRTY DAYS AWAY MAY GET MARRIED WITHIN
TWENTY-FOUR HOURS OF RECEIVING A MARRIAGE LICENSE.
  S 2. Section 354-d of the executive law, as added by  chapter  723  of
the  laws of 2005, and as renumbered by chapter 652 of the laws of 2007,
is amended to read as follows:
  S 354-d. Time within which marriage may be solemnized; member  of  the
armed  forces.  1.  Notwithstanding  section  thirteen-b of the domestic
relations law, where either of the  parties  making  application  for  a
marriage license, pursuant to section thirteen of the domestic relations
law, is a member of the armed forces of the United States on active duty
the  marriage  of the parties shall not be solemnized within twenty-four
hours after the issuance of the marriage license, nor shall it be solem-
nized after one hundred eighty days from the date of the issuance of the
marriage license. Proof that the applicant is  a  member  of  the  armed
forces  of  the  United States shall be furnished to the satisfaction of
the official issuing the marriage license. Every license to marry issued
pursuant to the provisions of this section shall state the day and  hour
the  license  is  issued  and  shall contain a recital that it is issued
pursuant to the provisions of this section.
  2. NOTWITHSTANDING THE TWENTY-FOUR HOUR WAITING PERIOD  PRESCRIBED  IN
SUBDIVISION  ONE OF THIS SECTION, ANY MILITARY PERSONNEL WHOSE SCHEDULED
MILITARY DEPLOYMENT IS LESS THAN THIRTY DAYS AWAY MAY GET MARRIED WITHIN
TWENTY-FOUR HOURS OF RECEIVING A MARRIAGE LICENSE.
  S 3. This act shall take effect immediately.