S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4784
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the domestic relations law and the  correction  law,  in
   relation to enacting "Marie's law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Marie's law".
   § 2. Paragraph (b) and the  opening  paragraph  of  paragraph  (c)  of
 subdivision 1-c of section 240 of the domestic relations law, as amended
 by chapter 371 of the laws of 2013, are amended to read as follows:
   (b)  (I)  Notwithstanding  any  other provision of this chapter to the
 contrary, [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] NO PERSON SHALL BE GRANTED PHYSICAL OR LEGAL CUSTODY OF,
 OR UNSUPERVISED VISITATION WITH, A CHILD IF THE PERSON IS REQUIRED TO BE
 REGISTERED AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
 LAW OR who has been convicted of 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. THE COURT MAY GRANT SUCH PHYSICAL OR LEGAL CUSTODY OR
 UNSUPERVISED VISITATION WITH THE CHILD IF IT  FINDS  THAT  THERE  IS  NO
 SIGNIFICANT  RISK  TO  THE CHILD AND STATES ITS REASONS IN WRITING OR ON
 THE RECORD. THE CHILD MAY NOT BE PLACED IN A HOME IN WHICH  THAT  PERSON
 RESIDES, NOR PERMITTED TO HAVE UNSUPERVISED VISITATION WITH THAT PERSON,
 UNLESS  THE  COURT  STATES THE REASONS FOR ITS FINDINGS IN WRITING OR ON
 THE RECORD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08328-02-9
              

 A. 4784                             2
 
   (II) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  CHAPTER  TO  THE
 CONTRARY,  NO  PERSON  SHALL BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR
 UNSUPERVISED VISITATION WITH, A CHILD IF ANYONE RESIDING IN THE PERSON'S
 HOUSEHOLD IS REQUIRED, AS A RESULT OF A FELONY CONVICTION IN  WHICH  THE
 VICTIM  WAS  A  MINOR, TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
 SIX-C OF THE CORRECTION LAW, UNLESS THE COURT FINDS THERE IS NO  SIGNIF-
 ICANT  RISK  TO  THE  CHILD  AND STATES ITS REASONS IN WRITING OR ON THE
 RECORD. THE CHILD MAY NOT BE PLACED IN  A  HOME  IN  WHICH  THAT  PERSON
 RESIDES, NOR PERMITTED TO HAVE UNSUPERVISED VISITATION WITH THAT PERSON,
 UNLESS  THE  COURT  STATES THE REASONS FOR ITS FINDINGS IN WRITING OR ON
 THE RECORD.
   (III) THE FACT THAT A CHILD IS PERMITTED UNSUPERVISED CONTACT  WITH  A
 PERSON  WHO IS REQUIRED, AS A RESULT OF A FELONY CONVICTION IN WHICH THE
 VICTIM WAS A MINOR, TO BE REGISTERED AS A SEX OFFENDER PURSUANT TO ARTI-
 CLE SIX-C OF THE CORRECTION LAW, SHALL BE PRIMA FACIE EVIDENCE THAT  THE
 CHILD  IS  AT  SIGNIFICANT RISK.   WHEN MAKING A DETERMINATION REGARDING
 SIGNIFICANT RISK TO THE CHILD, THE PRIMA FACIE EVIDENCE SHALL CONSTITUTE
 A PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE.  HOWEVER, THIS
 PRESUMPTION SHALL NOT APPLY IF THERE ARE FACTORS MITIGATING AGAINST  ITS
 APPLICATION,  INCLUDING  WHETHER THE PARTY SEEKING CUSTODY OR VISITATION
 IS ALSO REQUIRED, AS THE RESULT OF A  FELONY  CONVICTION  IN  WHICH  THE
 VICTIM  WAS  A  MINOR, TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
 SIX-C OF THE CORRECTION LAW.
   (IV) NO PERSON SHALL BE GRANTED CUSTODY  OF,  OR  VISITATION  WITH,  A
 CHILD  IF  THE  PERSON HAS BEEN CONVICTED OF RAPE IN THE FIRST OR SECOND
 DEGREE AND THE CHILD WAS CONCEIVED AS A RESULT OF THAT VIOLATION.
   (V) NO PERSON SHALL BE GRANTED CUSTODY OF, OR UNSUPERVISED  VISITATION
 WITH,  A  CHILD  IF THE PERSON HAS BEEN CONVICTED OF MURDER IN THE FIRST
 DEGREE AND THE VICTIM OF THE MURDER WAS THE OTHER PARENT  OF  THE  CHILD
 WHO IS THE SUBJECT OF THE ORDER, UNLESS THE COURT FINDS THAT THERE IS NO
 RISK  TO THE CHILD'S HEALTH, SAFETY, AND WELFARE, AND STATES THE REASONS
 FOR ITS FINDING IN WRITING OR ON THE RECORD. IN MAKING ITS FINDING,  THE
 COURT MAY CONSIDER, AMONG OTHER THINGS, THE FOLLOWING:
   (A)  THE  WISHES  OF  THE CHILD, IF THE CHILD IS OF SUFFICIENT AGE AND
 CAPACITY TO REASON SO AS TO FORM AN INTELLIGENT PREFERENCE;
   (B) CREDIBLE EVIDENCE THAT THE CONVICTED PARENT WAS A VICTIM OF  ABUSE
 COMMITTED  BY THE DECEASED PARENT. THAT EVIDENCE MAY INCLUDE, BUT IS NOT
 LIMITED TO, WRITTEN REPORTS BY LAW ENFORCEMENT AGENCIES,  CHILD  PROTEC-
 TIVE  SERVICES OR OTHER SOCIAL WELFARE AGENCIES, COURTS, MEDICAL FACILI-
 TIES, OR  OTHER  PUBLIC  AGENCIES  OR  PRIVATE  NONPROFIT  ORGANIZATIONS
 PROVIDING SERVICES TO VICTIMS OF DOMESTIC ABUSE; OR
   (C)  TESTIMONY  OF AN EXPERT WITNESS THAT THE CONVICTED PARENT EXPERI-
 ENCES INTIMATE PARTNER BATTERING.
   (VI) UNLESS AND UNTIL A CUSTODY OR VISITATION ORDER IS ISSUED PURSUANT
 TO THIS SUBDIVISION, NO PERSON SHALL PERMIT OR CAUSE THE CHILD TO  VISIT
 OR  REMAIN IN THE CUSTODY OF THE CONVICTED PARENT WITHOUT THE CONSENT OF
 THE CHILD'S CUSTODIAN OR LEGAL GUARDIAN.
   (VII) THE COURT MAY ORDER CHILD SUPPORT TO BE PAID BY A PERSON SUBJECT
 TO THIS PARAGRAPH TO BE PAID PURSUANT TO  ARTICLE  FOUR  OF  THE  FAMILY
 COURT ACT.
   (V) THE COURT SHALL NOT DISCLOSE, OR CAUSE TO BE DISCLOSED, THE CUSTO-
 DIAL  PARENT'S  PLACE  OF RESIDENCE, PLACE OF EMPLOYMENT, OR THE CHILD'S
 SCHOOL, UNLESS THE COURT FINDS THAT THE DISCLOSURE WOULD BE IN THE  BEST
 INTEREST OF THE CHILD.
   Notwithstanding paragraph (a) [or (b)] of this subdivision a court may
 order visitation or custody where:

 A. 4784                             3
 
   §  3.  Section  201  of  the correction law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS WITH REGARD
 TO  A PERSON'S GRANT OF CUSTODY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 ONE-C OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS  LAW.  SUCH
 REGULATIONS  SHALL  INCLUDE  COORDINATION  WITH  LOCAL  SOCIAL  SERVICES
 DISTRICTS AND LAW ENFORCEMENT AGENCIES FOR PURPOSES  OF  MONITORING  AND
 SUPERVISING  SUCH PERSONS. SUCH REGULATIONS SHALL INCLUDE PROVISIONS FOR
 PERMANENT SUPERVISION FOR ALL PERSONS REQUIRED TO BE REGISTERED AS A SEX
 OFFENDER PURSUANT TO ARTICLE SIX-C  OF  THE  CORRECTION  LAW,  INCLUDING
 LEVEL ONE SEX OFFENDERS.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4784--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FALL,  GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ,
   COLTON,  ROMEO,  M. L. MILLER,  D'URSO,  CUSICK,  GRIFFIN,   PICHARDO,
   STIRPE,  ARROYO,  COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ,
   WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU --  Multi-Spon-
   sored by -- M. of A.  DE LA ROSA, EPSTEIN -- read once and referred to
   the  Committee  on  Judiciary  --  committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the domestic relations law and the  correction  law,  in
   relation to enacting "Marie's Law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title.  This act shall be known and may be  cited  as
 "Marie's Law".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that under current law, even though the state has  recognized  that  the
 best interest of the child is the determining factor in awarding custody
 of  a  child, there currently exists a loophole whereby former perpetra-
 tors of abuse who are related to and may come into contact with a regis-
 tered sex offender may often gain access to a  subject  of  his  or  her
 abuse.
   By the enactment of the provisions of this act, it is the sense of the
 legislature, that additional steps and guidelines are necessary to limit
 contact  and restrict custody when a person related to such sex offender
 has regular contact with and may have access to a child. Nothing can  be
 deemed more of a  state concern than the safety and welfare of our chil-
 dren,  and  in recognition of that responsibility, we take steps to help
 minimize contact between vulnerable children  and  persons  who  pose  a
 significant risk to their safety.
   §  3.  Paragraph (b) of subdivision 1-c of section 240 of the domestic
 relations law, as amended by chapter 371 of the laws of 2013, is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08328-05-9

 A. 4784--A                          2
 
   (b) (I) Notwithstanding any other provision of  this  chapter  to  the
 contrary, [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] NO PERSON SHALL BE GRANTED PHYSICAL OR LEGAL CUSTODY  OF,
 OR UNSUPERVISED VISITATION WITH, A CHILD IF THE PERSON IS REQUIRED TO BE
 REGISTERED AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
 LAW  OR  who  has  been convicted of 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. THE COURT MAY GRANT SUCH PHYSICAL OR LEGAL  CUSTODY  OR
 UNSUPERVISED  VISITATION  WITH  THE  CHILD  ONLY WHERE IT FINDS BASED ON
 CLEAR AND CONVINCING EVIDENCE THAT THERE IS NO SIGNIFICANT RISK  TO  THE
 CHILD,  INCLUDING  NO  SIGNIFICANT  RISK THAT ANY PERSON RELATED TO SUCH
 PERSON AND WITH WHOM SUCH PERSON HAS REGULAR CONTACT  POSES  SIGNIFICANT
 RISK  OR  HAS  IN THE PAST BEEN CONVICTED OF AN OFFENSE THE COURT DETER-
 MINED COULD POSE THE POTENTIAL FOR SIGNIFICANT RISK TO  THE  CHILD,  AND
 STATES  ITS  REASONS  IN  WRITING OR ON THE RECORD. THE CHILD MAY NOT BE
 PLACED IN A HOME IN WHICH THAT PERSON RESIDES,  NOR  PERMITTED  TO  HAVE
 UNSUPERVISED  VISITATION  WITH  THAT PERSON, UNLESS THE COURT STATES THE
 REASONS FOR ITS FINDINGS IN WRITING OR ON THE RECORD.
   (II) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  THIS  CHAPTER  TO  THE
 CONTRARY,  NO  PERSON  SHALL BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR
 UNSUPERVISED VISITATION WITH, A CHILD IF ANYONE RESIDING IN THE PERSON'S
 HOUSEHOLD, OR ANY RELATED PERSON  WITH  WHOM  SUCH  PERSON  HAS  REGULAR
 CONTACT,  IS  REQUIRED,  AS A RESULT OF A FELONY CONVICTION IN WHICH THE
 VICTIM WAS A MINOR, TO REGISTER AS A SEX OFFENDER  PURSUANT  TO  ARTICLE
 SIX-C  OF  THE CORRECTION LAW, UNLESS THE COURT FINDS BASED ON CLEAR AND
 CONVINCING EVIDENCE THERE IS NO SIGNIFICANT RISK TO THE CHILD AND STATES
 ITS REASONS IN WRITING OR ON THE RECORD. THE CHILD MAY NOT BE PLACED  IN
 A  HOME IN WHICH THAT PERSON RESIDES, NOR PERMITTED TO HAVE UNSUPERVISED
 VISITATION WITH THAT PERSON, UNLESS THE COURT STATES THE REASONS FOR ITS
 FINDINGS IN WRITING OR ON THE RECORD.
   (III) THE FACT THAT A CHILD IS PERMITTED UNSUPERVISED CONTACT  WITH  A
 PERSON  WHO IS REQUIRED, AS A RESULT OF A FELONY CONVICTION IN WHICH THE
 VICTIM WAS A MINOR, TO BE REGISTERED AS A SEX OFFENDER PURSUANT TO ARTI-
 CLE SIX-C OF THE CORRECTION LAW, OR WHO HAS REGULAR CONTACT WITH SUCH  A
 PERSON,  SHALL  BE PRIMA FACIE EVIDENCE THAT THE CHILD IS AT SIGNIFICANT
 RISK.  WHEN MAKING A DETERMINATION REGARDING  SIGNIFICANT  RISK  TO  THE
 CHILD, THE PRIMA FACIE EVIDENCE SHALL CONSTITUTE A PRESUMPTION AFFECTING
 THE  BURDEN  OF PRODUCING EVIDENCE.  HOWEVER, THIS PRESUMPTION SHALL NOT
 APPLY IF THERE ARE FACTORS MITIGATING AGAINST ITS APPLICATION, INCLUDING
 WHETHER THE PARTY SEEKING CUSTODY OR VISITATION IS ALSO REQUIRED, AS THE
 RESULT OF A FELONY CONVICTION IN WHICH THE VICTIM WAS A MINOR, TO REGIS-
 TER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
   (IV) NO PERSON SHALL BE GRANTED CUSTODY  OF,  OR  VISITATION  WITH,  A
 CHILD  IF  THE  PERSON HAS BEEN CONVICTED OF RAPE IN THE FIRST OR SECOND
 DEGREE AND THE CHILD WAS CONCEIVED AS A RESULT OF THAT VIOLATION.
   (V) NO PERSON SHALL BE GRANTED CUSTODY OF, OR UNSUPERVISED  VISITATION
 WITH,  A  CHILD  IF THE PERSON HAS BEEN CONVICTED OF MURDER IN THE FIRST
 DEGREE AND THE VICTIM OF THE MURDER WAS THE OTHER PARENT  OF  THE  CHILD
 WHO  IS THE SUBJECT OF THE ORDER OR IS RELATED TO SUCH A PERSON AND WITH
 WHOM HE OR SHE HAS REGULAR CONTACT, UNLESS THE COURT FINDS THAT THERE IS

 A. 4784--A                          3
 
 NO RISK TO THE CHILD'S HEALTH,  SAFETY,  AND  WELFARE,  AND  STATES  THE
 REASONS FOR ITS FINDING IN WRITING OR ON THE RECORD. IN MAKING ITS FIND-
 ING, THE COURT MAY CONSIDER, AMONG OTHER THINGS, THE FOLLOWING:
   (A)  THE  WISHES  OF  THE CHILD, IF THE CHILD IS OF SUFFICIENT AGE AND
 CAPACITY TO REASON SO AS TO FORM AN INTELLIGENT PREFERENCE;
   (B) CREDIBLE EVIDENCE THAT THE CONVICTED PARENT WAS A VICTIM OF  ABUSE
 COMMITTED  BY THE DECEASED PARENT. THAT EVIDENCE MAY INCLUDE, BUT IS NOT
 LIMITED TO, WRITTEN REPORTS BY LAW ENFORCEMENT AGENCIES,  CHILD  PROTEC-
 TIVE  SERVICES OR OTHER SOCIAL WELFARE AGENCIES, COURTS, MEDICAL FACILI-
 TIES, OR  OTHER  PUBLIC  AGENCIES  OR  PRIVATE  NONPROFIT  ORGANIZATIONS
 PROVIDING SERVICES TO VICTIMS OF DOMESTIC ABUSE; OR
   (C)  TESTIMONY  OF AN EXPERT WITNESS THAT THE CONVICTED PARENT EXPERI-
 ENCES INTIMATE PARTNER BATTERING.
   (VI) UNLESS AND UNTIL A CUSTODY OR VISITATION ORDER IS ISSUED PURSUANT
 TO THIS SUBDIVISION, NO PERSON SHALL PERMIT OR CAUSE THE CHILD TO  VISIT
 OR  REMAIN IN THE CUSTODY OF THE CONVICTED PARENT WITHOUT THE CONSENT OF
 THE CHILD'S CUSTODIAN OR LEGAL GUARDIAN.
   (VII) THE COURT MAY ORDER CHILD SUPPORT TO BE PAID BY A PERSON SUBJECT
 TO THIS PARAGRAPH TO BE PAID PURSUANT TO  ARTICLE  FOUR  OF  THE  FAMILY
 COURT ACT.
   (VIII)  THE  COURT  SHALL  NOT DISCLOSE, OR CAUSE TO BE DISCLOSED, THE
 CUSTODIAL PARENT'S PLACE OF  RESIDENCE,  PLACE  OF  EMPLOYMENT,  OR  THE
 CHILD'S  SCHOOL,  UNLESS THE COURT FINDS THAT THE DISCLOSURE WOULD BE IN
 THE BEST INTEREST OF THE CHILD.
   (IX) THE COURT SHALL  TAKE  NOTICE  OF,  BUT  MAY  DEVIATE  FROM,  ANY
 REQUIREMENT  CONTAINED IN THIS SECTION WHEN IT DETERMINES SUCH DEVIATION
 IS REQUIRED BY FACTS PERTINENT TO A DECISION GRANTING CUSTODY AND IS  IN
 THE BEST INTEREST OF THE CHILD.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4784--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FALL,  GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ,
   COLTON,  ROMEO,  M. L. MILLER,  D'URSO,  CUSICK,  GRIFFIN,   PICHARDO,
   STIRPE,  ARROYO,  COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ,
   WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU --  Multi-Spon-
   sored by -- M. of A.  DE LA ROSA, EPSTEIN -- read once and referred to
   the  Committee  on  Judiciary  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT  to  amend  the  domestic  relations  law,  in  relation  to  sex
   offender's custody of a child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1-c  of  section  240  of  the
 domestic  relations  law, as amended by chapter 371 of the laws of 2013,
 is amended to read as follows:
   (b) Notwithstanding any other provision of this chapter to the contra-
 ry, there shall be a rebuttable presumption that it is not in  the  best
 interests of the child to:
   (A) be placed in the custody of or to visit with a person who has been
 convicted  of 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)] (1) rape in the first or second degree;
   [(B)]  (2)  course  of  sexual  conduct  against  a child in the first
 degree;
   [(C)] (3) predatory sexual assault; or
   [(D)] (4) predatory sexual assault against a child; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08328-07-9
              

 A. 4784--B                          2
 
   (B) BE PLACED IN THE CUSTODY OF OR HAVE  UNSUPERVISED  VISITS  WITH  A
 PERSON  WHO  HAS  BEEN  CONVICTED OF A FELONY SEX OFFENSE, AS DEFINED IN
 SECTION 70.80 OF THE PENAL LAW, OR CONVICTED OF AN  OFFENSE  IN  ANOTHER
 JURISDICTION  WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE SUCH A
 FELONY  SEX  OFFENSE, WHERE THE VICTIM OF SUCH OFFENSE WAS THE CHILD WHO
 IS THE SUBJECT OF THE PROCEEDING.
   § 2. This act shall take effect immediately.