What's happening
This bill allows courts to terminate parental rights of individuals convicted of rape that resulted in the conception of a child.
Why it matters
Empowers survivors and their families. by giving the other parent (or their guardian, if a minor) the explicit right to petition the court to terminate the parental rights of a convicted rapist, reducing the likelihood of forced ongoing interaction with the perpetrator.
Establishes a clear legal process. for courts to follow, requiring “clear and convincing proof” that the rape conviction resulted in the conception of the child before parental rights can be terminated, aiming to protect due process for all involved.
Applies to all degrees of rape. (first, second, and third as defined in New York law), potentially impacting a broad range of cases and signaling strong legal recognition of the harm and ongoing trauma associated with parental rights for individuals convicted of such crimes.
Could affect custody, visitation, and child support arrangements. , as termination of parental rights would sever both legal responsibilities and privileges, which may have long-term implications for the child’s welfare and the financial responsibilities of the convicted parent.
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Who cares
Headline styles
End Rapists' Parental Rights
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
2 Co-sponsors
History
- Referred to codes
- Referred to codes
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 Assembly Committee · Judiciary · Sponsor Sandy Galef
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6297
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
S. 6297 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.
Sponsor's memo
Title of bill
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
Purpose
The purpose of this legislation is to terminate the parental rights of a person convicted of rape resulting in the conception of a child.
Summary of provisions
Section 1. Section 130.92 of the Penal Law is amended by adding a new subdivision 4. 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.
Read the full memo (787 words)
Section 2. Article 5 of the Family Court Act is amended by adding a new part 6. PART 6 TERMINATION OF PARENTAL RIGHTS UPON CONVICTION § 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, rape in the second degree, or rape in the third degree, that resulted in the conception of such child, may be terminated in accordance with this section. (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 crimes out lined above, 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 have been supported by clear and convincing proof. If such allegations have been proved, the court shall terminate the parental rights and responsibilities of the parent.
Section 3. Establishes the effective date.
Justification
A study concluded in the year 2000 estimated that in the U.S., 25,000 rape-induced pregnancies occur annually. Without laws in place to protect the victim of rape and child conceived of rape, rapists have the same parental rights and privileges as any other parent would. "As a result of this legal absence, raped women and their children are left to face substantial and potentially terrible consequences... they may be forced to share custody privileges of their children with their rapists, to ensure their rapists' access to their children, to foster their rapists' relationships with their children, and, in some cases, to make joint decisions about their children's welfare." (Shama R. Prewitt, Giving Birth to a "Rapist's Child": A Discussion and Analysis of the Limited Legal Protections Afforded to Women Who Become Mothers Through Rape, Volume 98, Geo. L.J., 827 (2009)). The victim of a rape who is forced to constantly interact with the rapist may never fully heal from the trauma of rape. This trauma may cause a parent to fear for their own safety as well as the safety of their children. This can
hardly be considered a safe or emotionally stable environment for a child.
In addition, rapists may use the threat of custody as a method by which they can avoid being prosecuted for the crime of rape. "Some rapists may capitalize on these women's fear of sharing custody or visitation rights by manipulating them into dropping or failing to initiate criminal charges in exchange for an agreement to voluntarily terminate parental rights." (Id.) It is the state's responsibility to protect children and the victims of crime. It is also the state's responsibility to ensure that rapists are adequately punished. However, allowing rapists who have conceived a child to terrorize their victims in perpetuity through parental rights runs counter to the state's obligations. This bill would help the victims of rape begin their healing process without being forced to constantly interact with their rapist, as well as help keep convicted rapists from manipulating their victims into dripping criminal charges against them.
Legislative history
A. 10093 of 2015/2016 A. 6238 of 2015/2016 (Honorable Clark) A. 3068 of 2013/2014
Fiscal implications
There are no fiscal implications associated with the passage of this legislation.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.