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A4784Assembly2019-2020 SessionSame asS2836

Limit Sex Offenders' Child Custody

Official title

“Relates to restrictions on a sex offender's custody of a child”

Sponsor Charles FallAD-61+32 co-sponsorsAffects Legal
Status
Assembly Floor Calendar
Impact
5/10
Moderate
Outcome
Companion signed

Bill progress

Signed via S2836

What's happening

This bill expands restrictions on child custody and visitation for individuals convicted of certain sex offenses, especially when the victim is the child.

Why it matters

  1. Expands the types of sex offenses that trigger a presumption against child custody or unsupervised visitation. , including *all* felony sex offenses where the victim is the child in question—not just the most severe crimes like rape or predatory sexual assault. This significantly broadens protections for children.

  2. Shifts the legal burden to convicted offenders. by establishing a "rebuttable presumption" that custody or unsupervised visits are not in the best interest of the child, making it harder for offenders to gain access to children after conviction unless they can provide compelling evidence to the contrary.

  3. Closes loopholes for offenses committed in other jurisdictions. by ensuring that convictions for equivalent crimes in other states or countries are treated the same as New York offenses, preventing offenders from circumventing restrictions due to differences in local laws.

  4. Strengthens the statutory framework for family and divorce courts. by requiring family courts to follow these expanded restrictions, ensuring more consistent application of the law and prioritizing child safety in all relevant proceedings.

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Who cares

  • Children victimized by felony sex offenses

    The bill would create a rebuttable presumption against placing them in the custody of, or allowing unsupervised visits with, the person convicted of the offense against them.

  • People convicted of felony sex offenses against a child

    They would face a presumption against custody or unsupervised visitation when the victim is the child in the proceeding, rather than an automatic ban.

  • Parents and guardians in custody disputes

    The bill would establish a new presumption for cases involving a child's convicted abuser without requiring that the child was conceived as a result of the offense.

  • Family Court judges

    The bill would expressly require Family Court to apply the custody and visitation provisions in Domestic Relations Law section 240(1-c) in cases referred by Supreme Court or County Court.

Headline styles

Limit Sex Offenders' Child Custody

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Charles Fall

Assembly Member · Assembly District 61

History

  1. Substituted by S2836C
  2. Ordered to third reading rules cal.589
  3. Rules report cal.589
  4. Reported
  5. Reported referred to rules
  6. Reported referred to codes
  7. Print number 4784c
  8. Amend (t) and recommit to judiciary
  9. Print number 4784b
  10. Amend (t) and recommit to judiciary
  11. Print number 4784a
  12. Amend (t) and recommit to judiciary
Show 1 earlier action
  1. 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.

S2836Senate

Limit Sex Offenders’ Child Custody

Signed by Governor · Sponsor Diane J. Savino

Impact 4 · LowSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4784--C

2019-2020 Regular Sessions

IN ASSEMBLY

February 5, 2019

Introduced by M. of A. FALL, GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ, COLTON, ROMEO, M. L. MILLER, D'URSO, CUSICK, GRIFFIN, PICHARDO, STIRPE, ARROYO, COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ, WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU --… Show all

Introduced by M. of A. FALL, GLICK, HYNDMAN, TAYLOR, SAYEGH, CRUZ, COLTON, ROMEO, M. L. MILLER, D'URSO, CUSICK, GRIFFIN, PICHARDO, STIRPE, ARROYO, COOK, RICHARDSON, RIVERA, BUTTENSCHON, SIMON, ORTIZ, WILLIAMS, JEAN-PIERRE, McDONALD, JAFFEE, FRONTUS, NIOU -- Multi-Sponsored by -- M. of A. DE LA ROSA, EPSTEIN -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the domestic relations law and the family court act, in relation to sex offender's custody of a child

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. 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 to read as follows:

(b) Notwithstanding any other provision of this chapter to the contrary, there shall be a rebuttable presumption that it is not in the best interests of the child to:

(A) be placed in the custody of or to visit with a person who has been convicted of one or more of the following sexual offenses in this state or convicted of one or more offenses in another jurisdiction which, if committed in this state, would constitute one or more of the following offenses, when a child who is the subject of the proceeding was conceived as a result:

[(A)] (1) rape in the first or second degree;

[(B)] (2) course of sexual conduct against a child in the first degree;

[(C)] (3) predatory sexual assault; or

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08328-09-9

A. 4784--C 2

[(D)] (4) predatory sexual assault against a child; or

(B) be placed in the custody of or have unsupervised visits with a person who has been convicted of a felony sex offense, as defined in section 70.80 of the penal law, or convicted of an offense in another jurisdiction which, if committed in this state, would constitute such a felony sex offense, where the victim of such offense was the child who is the subject of the proceeding.

§ 2. Subdivision (a) of section 651 of the family court act, as amended by chapter 85 of the laws of 1996, is amended to read as follows:

(a) When referred from the supreme court or county court to the family court, the family court has jurisdiction to determine, in accordance with [subdivision] subdivisions one and one-c of section two hundred forty of the domestic relations law and with the same powers possessed by the supreme court in addition to its own powers, habeas corpus proceedings and proceedings brought by petition and order to show cause, for the determination of the custody or visitation of minors.

§ 3. This act shall take effect on the thirtieth 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.