Assembly Bill A3346A

2023-2024 Legislative Session

Establishes "Kyra's Law"

download bill text pdf

Sponsored By

Current 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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Actions

Bill Amendments

co-Sponsors

2023-A3346 - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; amd §§1112 & 651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A5398

2023-A3346 - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.

2023-A3346 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3346
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER,
   LAVINE,  SEAWRIGHT,  SIMON,  JACKSON,  RIVERA,  McDONOUGH,  MORINELLO,
   THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE-
   NEC,  MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA-
   NO, BLANKENBUSH, RA, FITZPATRICK,  PHEFFER AMATO,  ANDERSON,  MIKULIN,
   L. ROSENTHAL,   LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,  SMITH,  JENSEN,
   BURGOS, JONES,  STECK,  ZINERMAN,  CRUZ,  AUBRY,  CUNNINGHAM,  HAWLEY,
   PAULIN,  BARRETT,  RAMOS,  GIBBS,  JACOBSON,  DINOWITZ, REYES, CONRAD,
   J. A. GIGLIO -- 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 establishing "Kyra'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 as and may be cited as
 "Kyra's Law".
   § 2. Subparagraph 5 of paragraph (a-1) of subdivision 1 of section 240
 of the domestic relations law, as amended by chapter 295 of the laws  of
 2009, is amended to read as follows:
   (5)   Temporary  emergency  order.    (I)  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF THE LAW, UPON THE APPLICATION  OF  A  PARTY  TO  AN  ACTION
 CONCERNING  CUSTODY OF OR A RIGHT TO VISITATION WITH A CHILD WHO ALLEGES
 THAT THE OTHER PARTY TO THE PROCEEDING HAS COMMITTED, HAS THREATENED  TO
 COMMIT, OR IS LIKELY TO COMMIT AN ACT OF CHILD ABUSE AGAINST SUCH CHILD,
 OR  HAS  COMMITTED,  HAS THREATENED TO COMMIT, OR IS LIKELY TO COMMIT AN
 ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE  ALLEGATION  OR  A
 FAMILY  OR HOUSEHOLD MEMBER OF EITHER PARTY, AS SUCH FAMILY OR HOUSEHOLD
 MEMBER IS DEFINED IN ARTICLE EIGHT OF THE FAMILY COURT  ACT,  THE  COURT
 SHALL  HOLD  A  HEARING  TO  DETERMINE  WHETHER TEMPORARY LIMITATIONS OR
 CONDITIONS ON THE CUSTODY OR VISITATION  RIGHTS  OF  THE  PARTY  WHO  IS
 ALLEGED  TO  HAVE  COMMITTED AN ACT OF CHILD ABUSE AGAINST THE CHILD, OR
 COMMITTED AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-01-3
              

co-Sponsors

2023-A3346A - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; amd §§1112 & 651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A5398

2023-A3346A - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.

2023-A3346A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3346--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER,
   LAVINE,  SEAWRIGHT,  SIMON,  JACKSON,  RIVERA,  McDONOUGH,  MORINELLO,
   THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE-
   NEC,  MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA-
   NO, BLANKENBUSH, RA, FITZPATRICK,  PHEFFER AMATO,  ANDERSON,  MIKULIN,
   L. ROSENTHAL,   LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,  SMITH,  JENSEN,
   BURGOS, JONES,  STECK,  ZINERMAN,  CRUZ,  AUBRY,  CUNNINGHAM,  HAWLEY,
   PAULIN,  BARRETT,  RAMOS,  GIBBS,  JACOBSON,  DINOWITZ, REYES, CONRAD,
   J. A. GIGLIO, MAHER, BLUMENCRANZ, BORES, GANDOLFO  --  read  once  and
   referred  to  the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the domestic relations law and the family court act, in
   relation to establishing "Kyra'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
 "Kyra's Law".
   § 2. Subdivision 1 of section 240 of the  domestic  relations  law  is
 amended by adding a new opening paragraph to read as follows:
   THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARAMOUNT
 IMPORTANCE  AND  IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS. TO THAT
 END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF,
 AND ACCESS TO, CHILDREN MUST ENSURE CHILDREN'S  SAFETY  AS  A  THRESHOLD
 ISSUE.
   §  3.  Paragraphs (a) and (a-1) of subdivision 1 of section 240 of the
 domestic relations law, paragraph (a) as amended by chapter 567  of  the
 laws  of 2015 and paragraph (a-1) as added by chapter 295 of the laws of
 2009, are amended to read as follows:
   (a) In any action or proceeding brought (1) to annul a marriage or  to
 declare  the nullity of a void marriage, or (2) for a separation, or (3)

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-02-3
              

co-Sponsors

2023-A3346B - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; amd §§1112 & 651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A5398

2023-A3346B - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.

2023-A3346B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3346--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER,
   LAVINE,  SEAWRIGHT,  SIMON,  JACKSON,  RIVERA,  McDONOUGH,  MORINELLO,
   THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE-
   NEC,  MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA-
   NO, BLANKENBUSH, RA, FITZPATRICK,  PHEFFER AMATO,  ANDERSON,  MIKULIN,
   L. ROSENTHAL,  LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,  JENSEN,  BURGOS,
   JONES, STECK,  ZINERMAN,  CRUZ,  AUBRY,  CUNNINGHAM,  HAWLEY,  PAULIN,
   BARRETT,    RAMOS,   GIBBS,   JACOBSON,   DINOWITZ,   REYES,   CONRAD,
   J. A. GIGLIO, MAHER, BLUMENCRANZ, BORES, GANDOLFO, SHIMSKY,  McDONALD,
   BRONSON,  DARLING,  BENDETT, DE LOS SANTOS, WOERNER, WILLIAMS, EACHUS,
   PRETLOW, ALVAREZ, DAVILA,  BENEDETTO,  SMITH,  MEEKS,  SIMONE,  TAPIA,
   BUTTENSCHON,  WALLACE,  ARDILA, LEVENBERG, RAGA, SEPTIMO, COLTON, LEE,
   GALLAHAN, FLOOD, WEPRIN -- read once and referred to the Committee  on
   Judiciary  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
   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 establishing "Kyra'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
 "Kyra's Law".
   § 2. Subdivision 1 of section 240 of the  domestic  relations  law  is
 amended by adding a new opening paragraph to read as follows:
   THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARAMOUNT
 IMPORTANCE  AND  IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS. TO THAT
 END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF,
 AND ACCESS TO, CHILDREN MUST ENSURE CHILDREN'S  SAFETY  AS  A  THRESHOLD
 ISSUE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-08-4
              

co-Sponsors

2023-A3346C (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 70, add §240-e, Dom Rel L; amd §§1112 & 651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A5398

2023-A3346C (ACTIVE) - Summary

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.

2023-A3346C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3346--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER,
   LAVINE,  SEAWRIGHT,  SIMON,  JACKSON,  RIVERA,  McDONOUGH,  MORINELLO,
   THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE-
   NEC,  MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA-
   NO, BLANKENBUSH, RA, FITZPATRICK,  PHEFFER AMATO,  ANDERSON,  MIKULIN,
   L. ROSENTHAL,  LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,  JENSEN,  BURGOS,
   JONES, STECK,  ZINERMAN,  CRUZ,  AUBRY,  CUNNINGHAM,  HAWLEY,  PAULIN,
   BARRETT,    RAMOS,   GIBBS,   JACOBSON,   DINOWITZ,   REYES,   CONRAD,
   J. A. GIGLIO, MAHER, BLUMENCRANZ, BORES, GANDOLFO, SHIMSKY,  McDONALD,
   BRONSON,  DARLING,  BENDETT, DE LOS SANTOS, WOERNER, WILLIAMS, EACHUS,
   PRETLOW, ALVAREZ, DAVILA,  BENEDETTO,  SMITH,  MEEKS,  SIMONE,  TAPIA,
   BUTTENSCHON,  WALLACE,  ARDILA, LEVENBERG, RAGA, SEPTIMO, COLTON, LEE,
   GALLAHAN, FLOOD, WEPRIN, SAYEGH, TANNOUSIS, BICHOTTE HERMELYN,  SOLAG-
   ES, CURRAN, TAYLOR -- read once and referred to the Committee on Judi-
   ciary  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Judi-
   ciary  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the domestic relations law, the family court act and the
   civil practice law and rules, in relation to establishing "Kyra'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
 "Kyra's Law".
   § 2. Subdivision 1 of section 240 of the  domestic  relations  law  is
 amended by adding a new opening paragraph to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-12-4
 A. 3346--C                          2
              

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