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

                                  2381

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A.  CROUCH,  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. Subdivision 5 of section 240 of the domestic relations law,
as added by section 103 of chapter 398 of the laws of  1997,  is  renum-
bered subdivision 6 and a new subdivision 7 is added to read as follows:
  7.  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.
                                                           LBD04816-01-5

              

A. 2381                             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 SEVEN 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  SEVEN  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.
  (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 SEVEN 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
SEVEN OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW REGARD-
ING 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.