Relates to orders of visitation or custody to a person who has been convicted of sexual assault when the child was conceived as a result

1 Co-sponsor

• Andrew J. Lanza

BILL NUMBER:S5069A

Title of bill

An act to amend the domestic relations law and the social services law, in relation to visitation and custody rights of a parent convicted of sexual assault

Purpose or general idea of bill

To restrict parental rights of sexual perpetrators when a child is born as a result of sexual offenses.

Summary of specific provisions

Section 1 amends subdivision 1-c of section 240 of the domestic relations law, by providing that 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 who has been convicted (in this state or in another jurisdiction) of one or more of the following sexual offenses, when a child who is the subject of the proceeding was conceived as a result: 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.

Section 2 amends subdivision 1 of section 111-a of the domestic relations law to provide that a person who has been convicted (in this state or in another jurisdiction) of the enumerated sexual offenses shall not be entitled to receive notice of adoption proceedings, when the child subject to these proceedings was conceived as the result of the sexual offenses committed.

Section 3 amends subdivision 1 of section 384-c of the social services law to provide that a person who has been convicted (in this state or in another jurisdiction) of the enumerated sexual offenses shall not be entitled to receive notice of specified social services proceedings regarding dependent children in foster care, guardianship and custody of children not in foster care, and guardianship and custody of destitute or dependent children.

Section 4 provides that this act shall take effect immediately.

Justification

A woman can become pregnant as a result of rape, sexual assault or other sexual offenses. If she chooses to keep her child, the law does not sufficiently protect her from her perpetrator. Currently, New York State law provides that any person convicted of rape in the first degree with forcible compulsion has no right to be notified if the victim decides to put the baby up for adoption, when the child was conceived as a result of such rape. This does not protect women if their children are the result of other sexual offenses other than rape in the first degree with forcible compulsion.

Similarly, the current law explicitly restricts visitation and custody rights for those convicted of murder (in the first or second degree) of a parent, legal custodian, legal guardian, sibling, half-sibling, or step-sibling of any child who is the subject of the proceeding. However, the law does not explicitly restrict visitation and custody rights for sexual offenders regarding children generated from the crime they have committed and for which they have been convicted.

Sexual perpetrators can threaten their victims by filing a petition of visitation and custody rights in order to discourage these women from prosecuting criminal charges against them. This bill will close a loophole in the current law, providing full protection to victims of sexual offenses and their children from their perpetrators.

Prior legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.