NY State Senate Bill 2019-S2836

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 22, 2019	signed chap.182
Aug 19, 2019	delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.589 substituted for a4784c
Jun 19, 2019	referred to codes delivered to assembly passed senate ordered to third reading cal.1760 committee discharged and committed to rules
Jun 16, 2019	print number 2836c
Jun 16, 2019	amend (t) and recommit to children and families
Jun 12, 2019	print number 2836b
Jun 12, 2019	amend (t) and recommit to children and families
May 22, 2019	print number 2836a
May 22, 2019	amend (t) and recommit to children and families
Jan 29, 2019	referred to children and families

Votes

- Jun 19, 2019 - Floor Vote
  S2836
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 19, 2019 - Rules Committee Vote
  S2836
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

C (Active)

2019-S2836 - Details

Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §201, Cor L

2019-S2836 - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

2019-S2836 - Sponsor Memo

                                
 
BILL NUMBER: S2836

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the domestic relations law and the correction law, in
relation to enacting "Marie's law"

 
PURPOSE:

This bill increases the standard for courts when granting custody and
supervision of a minor. The intent is to strengthen current statute that
there shall be no custody ordered unless the court can show that there's
no significant risk to the child and states its reasons in writing or on
record. No individual, especially a child should be victimized with
sexual abuse and misconduct.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Calls for this act to be named "Marie's Law".

Section 2: Amends Subdivision 1-c of section 240 of the domestic
relations law, that 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.

-Offense includes 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.

-The child may not be placed in a home in which that person resides, nor
permitted to have unsupervised visitation with that person.

-No person shall be granted custody, 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. No person shall be
granted custody 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.

-The wishes of the child, if the child is of sufficient age and capacity
to reason will be taken into consideration by the courts.

-Testimony of expert witnesses by law enforcement agencies, child
protective services or other social welfare agencies, courts, medical
facilities or thither public or private agencies shall be taken into
consideration.

-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.

-The court shall not disclose the custodial parents 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.


Section 3: adds a new subdivision 2-a of section 201 of the correction
law requiring the department to promulgate rules and regulation with
regard to a person's grant of custody pursuant to 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 person. 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.

Section 4: provides for the act to take effect on the sixtieth day after
it shall have become a law.

 
JUSTIFICATION:

Approximately 3 million cases of child abuse and neglect involving
almost 5.5 million children are reported each year. The majority of
cases reported to Child Protective Services involve neglect, followed by
physical and sexual abuse. There is considerable overlap among children
who are abused, with many suffering a combination of physical abuse,
sexual abuse, and/or neglect.

Sexual abuse is any sexual activity that a child cannot understand or
consent to. It includes acts such as fondling, oral-genital contact, and
genital and anal intercourse. It also includes exhibitionism, voyeurism,
and exposure to pornography. Studies have suggested that up to one in
four girls and one in eight boys will be sexually abused before they are
eighteen years old. Most child abuse occurs within the family. Risk
factors include parental depression or other mental health issues, a
parental history of childhood abuse, and domestic violence.

In most cases, children who are abused or neglected suffer greater
mental health than physical health damage. Emotional and psychological
abuse and neglect deny the child the tools needed to cope with stress,
and to learn new skills to become resilient, strong, and successful. So
a child who is maltreated or neglected may have a wide range of
reactions and may even become depressed or develop suicidal, withdrawn,
or violent behavior. As he/she gets older, he/she may use drugs or alco-
hol, try to run away, refuse discipline, or abuse others. As an adult,
he may develop marital and sexual difficulties, depression, or suicidal
behavior.

Not all children who are abused have severe reactions. Usually the youn-
ger the child, the longer the abuse continues, and the closer the
child's relationship with the abuser, the more serious the mental health
effects will be.

 
LEGISLATIVE HISTORY:

New bill for 2019 Session

 
FISCAL IMPLICATIONS:

No impact

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S2836 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2836
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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  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

 S. 2836                             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:

 S. 2836                             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.

2019-S2836A - Details

Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §201, Cor L

2019-S2836A - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

2019-S2836A - Sponsor Memo

                                
 
BILL NUMBER: S2836A

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the domestic relations law and the
correction law, in relation to enacting "Marie's Law"

 
TITLE OF BILL:  An act to amend the domestic relations law and the
correction law, in relation to enacting "Marie's Law"

 
PURPOSE:

This bill increases the standard for courts when granting custody and
supervision of a minor. The intent is to strengthen current statute that
there shall be no custody ordered unless the court can show that there's
no significant risk to the child and states its reasons in writing or on
record. No individual, especially a child should be victimized with
sexual abuse and misconduct.

 
SUMMARY OF SPECIFIC PROVISIONS: Section one; this act shall be known
and may be cited as "Marie's Law'.

Section 2; Adds 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 award-
ing custody of a child, there currently exists a loophole whereby former
perpetrators of abuse who are related to and may come in contact with a
registered sex offender may often gain access to a subject of his or her
abuser.

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 person who pose a
significant risk to their safety.

Offense includes 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.

The child may not be placed in a home in which that person resides, nor
permitted to have unsupervised visitation with that person. The court
may grant such physical or legal custody or unsupervised visitation with
a 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
had regular contact poses significant risk or had in the past been
convicted of an offense the court determined could pose the potential
for significant risk to the child.

No person shall be granted custody, 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. No person shall be
granted custody 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.

The wishes of the child, if the child is of sufficient age and capacity
to reason will be taken into consideration by the courts.

Testimony of expert witnesses by law enforcement agencies, child protec-
tive services or other social welfare agencies, courts, medical facili-
ties or thither public or private agencies shall be taken into consider-
ation.

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.

The court shall not disclose the custodial parents 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.  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.

Section three; This act shall take effect on the sixtieth day after it
shall have become a law.

 
JUSTIFICATION:

Approximately 3 million cases of child abuse and neglect involving
almost 5.5 million children are reported each year.  The majority of
cases reported to Child Protective Services involve neglect, followed by
physical and sexual abuse. There is considerable overlap among children
who are abused, with many suffering a combination of physical abuse,
sexual abuse, and/or neglect.

Sexual abuse is any sexual activity that a child cannot understand or
consent to. It includes acts such as fondling, oral-genital contact, and
genital and anal intercourse. It also includes exhibitionism, voyeurism,
and exposure to pornography. Studies have suggested that up to one in
four girls and one in eight boys will be sexually abused before they are
eighteen years old. Most child abuse occurs within the family. Risk
factors include parental depression or other mental health issues, a
parental history of childhood abuse, and domestic violence.

In most cases, children who are abused or neglected suffer greater
mental health than physical health damage. Emotional and psychological
abuse and neglect deny the child the tools needed to cope with stress,
and to learn new skills to become resilient, strong, and successful. So
a child who is maltreated or neglected may have a wide range of
reactions and may even become depressed or develop suicidal, withdrawn,
or violent behavior. As he/she gets older, he/she may use drugs or alco-
hol, try to run away, refuse discipline, or abuse others. As an adult,
he may develop marital and sexual difficulties, depression, or suicidal
behavior.

Not all children who are abused have severe reactions. Usually the youn-
ger the child, the longer the abuse continues, and the closer the
child's relationship with the abuser, the more serious the mental health
effects will be.

 
LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS:

No impact

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S2836A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2836--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   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:
   (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

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

                                                            LBD08328-06-9

 S. 2836--A                          2

 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
 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:

 S. 2836--A                          3

   (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.

2019-S2836B - Details

Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §201, Cor L

2019-S2836B - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

2019-S2836B - Sponsor Memo

                                
 
BILL NUMBER: S2836B

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the domestic relations law, in
relation to sex offender's custody of a child

 
PURPOSE:

The purpose of this bill is to strengthen existing protection for chil-
dren in the Domestic Relations Law. The bill establishes a rebuttable
presumption that it is not in the best interests of a child to be placed
in the custody of or to have unsupervised visits with a person who has
been convicted of one or more delineated felony sex offenses where the
victim of such offense or offenses is the child who is the subject of
the proceeding seeking custody or unsupervised visitation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends paragraph (b) of subdivision 1-c of section
240 of the domestic relations law as amended by chapter 371 of the laws
of 2013 by adding a paragraph that creates a rebuttable presumption that

it is not in the best interests of a child to be placed in the custody
of or to have unsupervised visits with a person who has been convicted
of a felony sex offense as defined in section 70.80 of the penal laws or
convicted of an offense in another jurisdiction which, if committed in
this state would constitute such a felony sex offense when the child who
is the subject of the custody proceeding was the victim of the foregoing
felony sex offense.

Section 2 provides that this act shall take effect immediately.

 
JUSTIFICATION:

Approximately 3 million cases of child abuse and neglect involving
almost 5.5 million children are reported each year. The majority of
cases reported to Child Protective Services involve neglect, followed by
physical and sexual abuse. There is considerable overlap among children
who are abused, with many suffering a combination of physical abuse,
sexual abuse, and/or neglect.

Sexual abuse is any sexual activity that a child cannot understand or
consent to. It includes acts such as fondling, oral-genital con tact,
and genital and anal intercourse. It also includes exhibitionism, voyeu-
rism, and exposure to pornography. Studies have suggested that up to one
in four girls and one in eight boys will be sexually abused before they
are eighteen years old. Most child abuse occurs within the family. Risk
factors include parental depression or other mental health issues, a
parental history of childhood abuse, and domestic violence.

In most cases, children who are abused or neglected suffer greater
mental health than physical health damage. Emotional and psychological
abuse and neglect deny the child the tools needed to cope with stress,
and to learn new skills to become resilient, strong, and successful. So
a child who is maltreated or neglected may have a wide range of
reactions and may even become depressed or develop suicidal, withdrawn,
or violent behavior. As the child victim get older, he or she may use
drugs or alcohol, try to run away, refuse discipline, or abuse others.
As an adult, he or she may develop marital and sexual difficulties,
depression, or suicidal behavior.
Not all children who are abused have severe reactions. Usually the youn-
ger the child, the longer the abuse continues, and the closer the
child's relationship with the abuser, the more serious the mental health
effects will be.

 
LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS:

No impact

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2019-S2836B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2836--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   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
   (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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08328-08-9

2019-S2836C (ACTIVE) - Details

Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §201, Cor L

2019-S2836C (ACTIVE) - Summary

Relates to restrictions on a sex offender's custody of or visitation with a child.

2019-S2836C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2836C

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the domestic relations law and the
family court act, in relation to sex offender's custody of a child

 
PURPOSE:

The purpose of this bill is to strengthen existing protection for chil-
dren in the Domestic Relations Law. The bill establishes a rebuttable
presumption that it is not in the best interests of a child to be placed
in the custody of or to have unsupervised visits with a person who has
been convicted of one or more delineated felony sex offenses where the
victim of such offense or offenses is the child who is the subject of
the proceeding seeking custody or unsupervised visitation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends paragraph (b) of subdivision 1-c of section
240 of the domestic relations law as amended by chapter 371 of the laws
of 2013 by adding a paragraph that creates a rebuttable presumption that

it is not in the best interests of a child to be placed in the custody
of or to 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 when the child
who is the subject of the custody proceeding was the victim of the fore-
going felony sex offense.

Section 2 makes a conforming change to the Family Court Act. Section 3
provides that this act shall take effect immediately.

 
JUSTIFICATION:

Approximately 3 million cases of child abuse and neglect involving
almost 5.5 million children are reported each year. The majority of
cases reported to Child Protective Services involve neglect, followed by
physical and sexual abuse. There is considerable overlap among children
who are abused, with many suffering a combination of physical abuse,
sexual abuse, and/or neglect.

Sexual abuse is any sexual activity that a child cannot understand or
consent to. It includes acts such as fondling, oral-genital contact, and
genital and anal intercourse. It also includes exhibitionism, voyeurism,
and exposure to pornography. Studies have suggested that up to one in
four girls and one in eight boys will be sexually abused before they are
eighteen years old. Most child abuse occurs within the family. Risk
factors include parental depression or other mental health issues, a
parental history of childhood abuse, and domestic violence.

In most cases, children who are abused or neglected suffer greater
mental health than physical health damage. Emotional and psychological
abuse and neglect deny the child the tools needed to cope with stress,
and to learn new skills to become resilient, strong, and successful. So
a child who is maltreated or neglected may have a wide range of
reactions and may even become depressed or develop suicidal, withdrawn,
or violent behavior. As the child victim get older, he or she may use
drugs or alcohol, try to run away, refuse discipline, or abuse others.

As an adult, he or she may develop marital and sexual difficulties,
depression, or suicidal behavior.

Not all children who are abused have severe reactions. Usually the youn-
ger the child, the longer the abuse continues, and the closer the
child's relationship with the abuser, the more serious the mental health
effects will be.

 
LEGISLATIVE HISTORY:

2019 Session - new bill

 
FISCAL IMPLICATIONS:

No impact

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2019-S2836C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2836--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the domestic relations law and the family court act, 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
   (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

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

                                                            LBD08328-10-9

 S. 2836--C                          2
 
 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.    Subdivision  (a)  of  section 651 of the family court act, as
 amended by chapter 85 of the  laws  of  1996,  is  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] SUBDIVISIONS one AND ONE-C  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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S2836

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 19, 2019 - Floor Vote

Floor Vote: Jun 19, 2019

Jun 19, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 19, 2019

Bill Amendments

2019-S2836 - Details

2019-S2836 - Summary

2019-S2836 - Sponsor Memo

2019-S2836 - Bill Text download pdf

2019-S2836A - Details

2019-S2836A - Summary

2019-S2836A - Sponsor Memo

2019-S2836A - Bill Text download pdf

2019-S2836B - Details

2019-S2836B - Summary

2019-S2836B - Sponsor Memo

2019-S2836B - Bill Text download pdf

2019-S2836C (ACTIVE) - Details

2019-S2836C (ACTIVE) - Summary

2019-S2836C (ACTIVE) - Sponsor Memo

2019-S2836C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2836

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2019-S2836 - Details

2019-S2836 - Summary

2019-S2836 - Sponsor Memo

2019-S2836 - Bill Text download pdf

2019-S2836A - Details

2019-S2836A - Summary

2019-S2836A - Sponsor Memo

2019-S2836A - Bill Text download pdf

2019-S2836B - Details

2019-S2836B - Summary

2019-S2836B - Sponsor Memo

2019-S2836B - Bill Text download pdf

2019-S2836C (ACTIVE) - Details

2019-S2836C (ACTIVE) - Summary

2019-S2836C (ACTIVE) - Sponsor Memo

2019-S2836C (ACTIVE) - Bill Text download pdf

Comments