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S3215Senate2015-2016 SessionSame asA6997

Relates to termination of parental rights in cases of a child conceived through rape

Sponsor Toby Ann StaviskySD-16+8 co-sponsorsAffects Health
Status
In Senate Committee
Children And Families
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Children And Families

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History

  1. Referred to children and families
  2. Print number 3215a
  3. Amend and recommit to children and families
  4. Referred to children and families

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.

A6997Assembly

Relates to termination of parental rights in cases of a child conceived through rape

In Assembly Committee · Judiciary · Sponsor Edward Braunstein

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3215A Revised 05/13/15

Title of bill

An act to amend the domestic relations law, the penal law and the family court act, in relation to termination of parental rights in cases of a child conceived through rape

Purpose

To expand the protections afforded to women who conceive a child as a result of rape.

Summary of legislation

Section 1. Subdivision 1 of section 111-a of the domestic relations law, as amended by chapter 371 of the laws of 2013, is amended.

If, after a judicial hearing, it is found by "clear and convincing evidence," that a woman has been raped in the first, second or third degree, and a child was conceived as result of that rape, the woman does not have to notify her assailant of her intention to give the child up for adoption.

Section 2. Section 130.92 of the penal law is amended by adding a new subdivision 4.

This terminates the parental rights and responsibilities of a parent who is "convicted" of the crime of rape in the first, second, or third degree. This provision mandates that the court terminate parental rights if a conviction occurs.

(Amendment) Section 3. Paragraph (b) of subdivision 1-c of section 240 of the domestic relations law, as amended by chapter 371 of the laws of 2013, is amended.

This includes the provision that there will be a rebuttable presumption that it is not in the best interests of the child whether born in or out-of-wedlock to be placed in the custody of or to visit with the person who has been convicted of rape which resulted in the conception of that child.

Section 4. Subdivision 5 of section 240 of the domestic relations law, as added by section 103 of chapter 398 of the laws of 1997, is renum- bered subdivision 6 and a new subdivision 7 is added.

No court shall award custody or visitation rights to any parent who has been charged with violating section 130.25 (rape in the third degree), 130.30 (rape in the second degree), or 130.35 (rape in the first degree) of the penal law, until the conclusion of all proceedings associated with such charges. In addition, neither custody nor visitation shall be awarded to any parent who is convicted of such charges.

Section 4. Article 6 of the family court act is amended adding a new part 6.

Establishing a process by which a woman can petition the court to conduct a hearing, protects the woman from a long, drawn out legal proceeding. This hearing process also protects the accused by setting "clear and convincing evidence" as the standard for denying parental rights and leaving the decision to the discretion of the court.

Lastly, in 1982, the Supreme Court established, in Santosky v Kramer (455 U.S. 745) that "clear and convincing evidence" does not impede due process in restricting or terminating parental rights.

Legislative history

S 5001 introduced 5/3/13; amended 1/21/14 - S 5001-A

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.