Assembly Bill A846

2021-2022 Legislative Session

Relates to custody and visitation rights of certain sex offenders

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2021-A846 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8269
2023-2024: A2317

2021-A846 (ACTIVE) - Summary

Relates to custody and visitation rights of certain sex offenders.

2021-A846 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    846
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. JONES, B. MILLER -- read once and referred to the
   Committee on Correction
 
 AN  ACT  to amend the correction law, in relation to custody and visita-
   tion rights of certain sex offenders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-w of the correction law, as relettered by chap-
 ter  604  of  the  laws  of  2005, is relettered section 168-x and a new
 section 168-w is added to read as follows:
   § 168-W. CUSTODY AND VISITATION RIGHTS. 1. ANY SEX OFFENDER DESIGNATED
 AS A SEXUAL PREDATOR, OR A SEXUALLY VIOLENT OFFENDER, OR CLASSIFIED AS A
 LEVEL TWO OR THREE RISK, FOR A CRIME INVOLVING A CHILD SHALL BE,  EXCEPT
 IN EXTRAORDINARY CIRCUMSTANCES, PROHIBITED FROM BEING GRANTED BY A COURT
 PHYSICAL OR LEGAL CUSTODY OF, OR UNSUPERVISED VISITATION WITH, A CHILD.
   2.  ANY  SEX OFFENDER CLASSIFIED AS A LEVEL TWO OR THREE RISK SHALL BE
 PRESUMED TO BE INELIGIBLE TO BE GRANTED PHYSICAL OR LEGAL CUSTODY OF, OR
 UNSUPERVISED VISITATION WITH, A CHILD, AND A COURT SHALL GRANT  PHYSICAL
 OR  LEGAL  CUSTODY  OF, OR UNSUPERVISED VISITATION WITH, A CHILD ONLY IF
 THE SEX OFFENDER HAS PROVIDED CLEAR AND CONVINCING EVIDENCE THAT  GRANT-
 ING  SUCH  CUSTODY  OR  VISITATION  WILL  BE IN THE BEST INTEREST OF THE
 CHILD.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05583-01-1

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