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S4726Senate2015-2016 Session

Prohibits the court from granting custody of or unsupervised visitation with a child to a person who has been convicted of or charged with raping the parent of the child

Sponsor Joseph E. RobachSD-56+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Judiciary

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Who cares

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Sponsors

Primary sponsor
Joseph E. Robach

Senator · Senate District 56

Chair, Transportation

History

  1. Referred to judiciary
  2. Delivered to assembly
  3. Passed senateVote 59–2
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.616
  7. Print number 4726a
  8. Amend and recommit to children and families
  9. Referred to children and families
  10. Returned to senate
  11. Died in assembly
  12. Referred to judiciary
Show 6 earlier actions
  1. Delivered to assembly
  2. Passed senateVote 62–0
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.690
  6. Referred to children and families

Full text

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

Sponsor's memo

Title of bill

An act to amend the domestic relations law and the family court act, in relation to prohibiting the court from granting custody of or unsupervised visitation with a child to a person who has been convicted of or charged with raping the parent of the child

Purpose

This bill would prevent the granting of custody or unsupervised visitation of a child to a person who has been charged or convicted of raping the parent of the child in question. The bill would also place an automatic stay in any custody and paternity proceedings pending the criminal charges of rape. Furthermore the denial of visitation under circumstances outlined in this bill cannot be used against the mother of the child when determining any support obligation.

Summary of specific provisions

Section 1 and 2 amends paragraph a of subdivision 1 of section 240 of the domestic relations law.

Section 3 amends the family court act by adding a new section 553.

Section 4 amends subdivisions a, b, and c of section 651 of the family court act.

Section 5 sets the effective date.

Justification

This legislation would protect women who are victims of rape and then subsequently conceive a child as a result of the rape from the threat of custody and visitation proceedings from their alleged or convicted attacker. Women around the country have had to deal with the fall out of being attacked and then impregnated only to then face custody proceedings as a form of intimidation from their attacker. Currently 31 states in the country do not have laws that protect women and their children from their attackers. This bill would provide women in New York State the peace of mind in knowing that they and their child will not be threatened by their attacker.

Prior legislative history

2015-16: A 310 Dinowitz - Referred to Judiciary

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.