What's happening
This bill creates a rebuttable presumption of intent to permanently remove a victim from New York if they are taken out of state for 30 days or more.
Why it matters
Strengthens legal action against custodial interference. By establishing a rebuttable presumption, the bill makes it easier for prosecutors to prove that someone intended to permanently remove a child from New York if the child is taken out of state for 30 days or more.
Shifts the burden of proof. The accused must now provide evidence or arguments to challenge the presumption of intent, rather than the prosecution having to prove intent from scratch, which can be difficult in cross-state abduction cases.
Potential deterrent effect. This change may discourage individuals from taking children or protected persons out of state for extended periods without proper authorization, as doing so automatically triggers a legal presumption of serious intent.
Impacts custody disputes and parental rights. The amendment could have significant consequences in contentious custody cases, making it riskier for a parent to take a child out of state for long periods without clear, documented consent or court approval.
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Who cares
Headline styles
Tougher Penalty for Child Abduction
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4608
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to a rebuttable presumption to custodial interference in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 135.50 of the penal law is amended by adding a new second undesignated paragraph to read as follows:
There shall be a rebuttable presumption under subdivision one of this section that a person acts with intent to permanently remove the victim from this state when the person removes the victim from the state for a continuous period for thirty days or more.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03815-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.