What's happening
This bill allows courts to terminate the parental rights of someone convicted of rape that resulted in the conception of a child.
Why it matters
Empowers survivors. The bill gives the non-offending parent (or their guardian, if underage) a legal process to prevent their rapist from having any parental rights or responsibilities toward a child conceived by rape, offering greater agency and protection for survivors and their children.
Clear legal standard. The court must find "clear and convincing proof" that the child was conceived as the result of a rape conviction for termination of parental rights, ensuring a high threshold and due process before such a significant decision is made.
Protects child and parent well-being. By allowing termination of the convicted parent's rights, the law aims to shield both the survivor and the child from ongoing trauma, potential manipulation, or unwanted contact with the perpetrator.
Limits to specific convictions. The bill applies only to convictions for first, second, or third-degree rape where conception resulted, focusing the law directly on cases with the strongest evidence and clearest connection to the child's conception.
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Who cares
Headline styles
End Rapists’ Parental Rights
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
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.
End Rapists' Parental Rights
In Senate Committee · Codes · Sponsor Betty Little
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5299
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
Introduced by M. of A. GALEF -- read once and referred to the Committee on Judiciary
AN ACT to amend the penal law and the family court act, in relation to terminating the parental rights with respect to a specific child of a person convicted of rape that resulted in the conception of such child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 130.92 of the penal law is amended by adding a new subdivision 4 to read as follows:
4. The parental rights and responsibilities with respect to a child of a parent convicted of the crime of rape in the first degree as defined in section 130.35 of this article, rape in the second degree as defined in section 130.30 of this article, or rape in the third degree as defined in section 130.25 of this article, that resulted in the conception of such child may be terminated in accordance with section five hundred sixty-six of the family court act.
§ 2. Article 5 of the family court act is amended by adding a new part 6 to read as follows:
PART 6
TERMINATION OF PARENTAL RIGHTS UPON CONVICTION Section 566. Termination of parental rights and responsibilities upon
conviction for rape.
§ 566. Termination of parental rights and responsibilities upon conviction for rape. (a) The parental rights and responsibilities with respect to a specific child of a parent convicted of the crime of rape in the first degree as defined in section 130.35 of the penal law, rape in the second degree as defined in section 130.30 of the penal law, or rape in the third degree as defined in section 130.25 of the penal law, that resulted in the conception of such child may be terminated in accordance with this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02871-01-7
A. 5299 2
(b) The petition for termination may be filed by the other parent or, if the other parent is a minor, the parent or guardian of the other parent.
(c) The petitioner may file a petition with the court that requests the termination of the parental rights and responsibilities of the convicted parent and alleges:
(1) that the parent was convicted of the crime of rape in the first degree as defined in section 130.35 of the penal law, rape in the second degree as defined in section 130.30 of the penal law, or rape in the third degree as defined in section 130.25 of the penal law; and
(2) that such crime resulted in the conception of the child.
(d) Upon receipt of the petition, the court shall commence a hearing to determine whether the allegations established in subdivision (c) of this section have been supported by clear and convincing proof. If such allegations have been proven, the court shall terminate the parental rights and responsibilities of the parent.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
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.