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S02836 Summary:

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S02836 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2836--C
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section  1.  Paragraph  (b)  of  subdivision 1-c of section 240 of the
     2  domestic relations law, as amended by chapter 371 of the laws  of  2013,
     3  is amended to read as follows:
     4    (b) Notwithstanding any other provision of this chapter to the contra-
     5  ry,  there  shall be a rebuttable presumption that it is not in the best
     6  interests of the child to:
     7    (A) be placed in the custody of or to visit with a person who has been
     8  convicted of one or more of the following sexual offenses in this  state
     9  or  convicted  of one or more offenses in another jurisdiction which, if
    10  committed in this state, would constitute one or more of  the  following
    11  offenses,  when  a  child  who  is  the  subject  of  the proceeding was
    12  conceived as a result:
    13    [(A)] (1) rape in the first or second degree;
    14    [(B)] (2) course of sexual  conduct  against  a  child  in  the  first
    15  degree;
    16    [(C)] (3) predatory sexual assault; or
    17    [(D)] (4) predatory sexual assault against a child; or
    18    (B)  be  placed  in  the custody of or have unsupervised visits with a
    19  person who has been convicted of a felony sex  offense,  as  defined  in
    20  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
 
     1  jurisdiction which, if committed in this state, would constitute such  a
     2  felony  sex  offense, where the victim of such offense was the child who
     3  is the subject of the proceeding.
     4    §  2.    Subdivision  (a)  of  section 651 of the family court act, as
     5  amended by chapter 85 of the  laws  of  1996,  is  amended  to  read  as
     6  follows:
     7    (a) When referred from the supreme court or county court to the family
     8  court,  the  family  court  has jurisdiction to determine, in accordance
     9  with [subdivision] subdivisions one and one-c  of  section  two  hundred
    10  forty  of  the domestic relations law and with the same powers possessed
    11  by the supreme court in  addition  to  its  own  powers,  habeas  corpus
    12  proceedings and proceedings brought by petition and order to show cause,
    13  for the determination of the custody or visitation of minors.
    14    §  3.  This  act shall take effect on the thirtieth day after it shall
    15  have become a law.