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Sponsors
1 Co-sponsor
History
- Referred to correction
- Delivered to assembly
- Passed senateVote 55–1
- Amended on third reading 2481a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.543
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
Show 5 earlier actions
- Passed senateVote 53–9
- Advanced to third reading
- 2nd report cal.
- 1st report cal.532
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the custody and visitation rights of a sex offender
In Assembly Committee · Correction · Sponsor Dennis H. Gabryszak
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2481A
Title of bill
An act to amend the correction law, in relation to custody and visitation rights of a sex offender
Summary of provisions
Section one of the bill amends Article 6-C of the Correction Law by re-designating § 168-w as §168-x and adding a new §168-w to prohibit any sex offender designated as a sexual predator, or a sexually violent offender, or classified as a level 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.
The bill further amends the law by adding to the new Section 168-w a presumption of ineligibility of any sex offender classified as a level three risk from being granted physical or legal custody of, or unsupervised visitation with, a child unless the sex offender has provided clear and convincing evidence that it would be in the best interest of the child.
Justification
The children of sex offenders, perhaps most of all, are at the greatest risk for abuse and deserve the significant protections that would come from denying a sex offender-parent custody or unsupervised visitation. Sexual offenders designated level three risk, sexual predator and sexually violent offender for crimes involving a child, shall be prohibited from being granted custody or visitation, except in extraordinary circumstances. All other level three sex offenders shall be presumed ineligible for custody or visitation unless the sex offender presents clear and convincing evidence that it would be in the best interest of the child.
Fiscal implications
None.
Prior legislative history
2003-04: Senate 3rd Reading Cal./Assembly Corrections Cmte. 2005-06: Senate Crime Victims, Crime & Corrections Cmte./Assembly Corrections Cmte. 2007-08: Senate Crime Victims, Crime & Corrections Cmte./Assembly Corrections Cmte. 2009-10: Reported and Committed to Codes Cmte./Assembly Corrections Committee
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.