What's happening
The bill creates a rebuttable presumption of intent to permanently remove a victim when they are taken out of state for 30 days or more.
Why it matters
Shifts the burden of proof. in custodial interference cases by presuming intent to permanently remove a child if they are kept out of state for 30+ days, making it easier for prosecutors to bring charges.
Raises the stakes for potential offenders. , as individuals removing children from New York for extended periods may now face more serious legal consequences unless they can provide evidence to counter the presumption.
Could provide stronger protections for custodial parents and guardians. , potentially leading to faster law enforcement responses in suspected abduction or interference cases.
May impact family law disputes. by deterring one parent from taking a child out of state without clear communication or legal agreements, as the law now assumes a serious intent after 30 days.
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Who cares
People accused of first-degree custodial interference
The bill would create a rebuttable presumption of intent to permanently remove a victim from New York when they remove the victim from the state for 30 continuous days or more.
Prosecutors
The bill would provide a rebuttable presumption for establishing intent under subdivision one of the first-degree custodial interference statute.
Criminal defense attorneys
They would need to address the new presumption in cases involving removal of a victim from New York for at least 30 continuous days.
Headline styles
Expand Custody Interference Presumption
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6925
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
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.
LBD10379-01-9
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.