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 allowing the non-offending parent (or their guardian, if a minor) to petition the court to terminate the parental rights of the convicted rapist, giving survivors more control over their family structure and legal protections.
Requires a court process with a high standard of proof. ("clear and convincing"), ensuring that parental rights are only terminated after careful judicial review and substantiated evidence, which protects against misuse or erroneous terminations.
Covers all degrees of rape that result in conception. , meaning it applies broadly to convictions for first, second, or third degree rape, addressing a range of serious sexual assault scenarios.
Could impact child custody, support, and inheritance rights. , as termination of parental rights legally severs the relationship, potentially shielding the child from future contact or claims from the convicted parent.
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Who cares
Parents of children conceived through rape
The bill would let the other parent petition to terminate the convicted parent's parental rights and responsibilities toward that child.
Parents and guardians of minor parents
They could file the termination petition if the child's other parent is a minor.
Parents convicted of rape
Those convicted of first-, second- or third-degree rape resulting in a child's conception would face termination of their rights and responsibilities toward that child if the required allegations are proven.
Family Court judges
They would have to hold a hearing on the petition and terminate parental rights and responsibilities if the allegations are established by clear and convincing proof.
Headline styles
End Rapists’ Parental Rights
Plain English, a few words. Used as the page title.
Sponsors
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
7028
2019-2020 Regular Sessions
IN ASSEMBLY
April 3, 2019
Introduced by M. of A. GALEF, JAFFEE -- 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.
LBD05886-01-9
A. 7028 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.