What's happening
This bill expands restrictions on child custody and visitation for people convicted of certain felony sex offenses against the child involved.
Why it matters
Expands the types of felony sex offenses that trigger a presumption against child custody or unsupervised visitation, not just the most severe offenses previously listed. This means more individuals convicted of sex offenses against their own child will face legal barriers to custody or visitation, not just those convicted under a narrow set of crimes.
Shifts the legal starting point ("rebuttable presumption") in custody and visitation cases involving these convictions, making it much harder for offenders to gain access to the child. The burden now falls on the convicted parent to prove why allowing custody or unsupervised visitation would be in the child’s best interest.
Aligns New York law with similar restrictions across jurisdictions and closes gaps that may have allowed certain felony sex offenders to retain or seek access to their victimized child. This addresses concerns about child safety and potential re-traumatization of victims.
Clarifies and updates which courts have jurisdiction and how these expanded restrictions are to be applied, ensuring consistent and streamlined enforcement of the new rules. This reduces ambiguity for families, courts, and child welfare professionals.
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Who cares
Headline styles
Limit Sex Offenders’ Child Custody
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.182
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.589
- Substituted for A4784C
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1760
- Committee discharged and committed to rules
- Print number 2836c
Show 6 earlier actions
- Amend (t) and recommit to children and families
- Print number 2836b
- Amend (t) and recommit to children and families
- Print number 2836a
- Amend (t) and recommit to children and families
- Referred to children and families
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.
Limit Sex Offenders' Child Custody
Assembly Floor Calendar · Sponsor Charles Fall
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2836--C
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -committee discharged, bill amended, 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
[(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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08328-10-9
S. 2836--C 2
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.
Sponsor's memo
Title of bill
An act to amend the domestic relations law and the family court act, in relation to sex offender's custody of a child
Purpose
The purpose of this bill is to strengthen existing protection for chil- dren in the Domestic Relations Law. The bill establishes a rebuttable presumption that it is not in the best interests of a child to be placed in the custody of or to have unsupervised visits with a person who has been convicted of one or more delineated felony sex offenses where the victim of such offense or offenses is the child who is the subject of the proceeding seeking custody or unsupervised visitation.
Summary of specific provisions
Section 1 of the bill amends paragraph (b) of subdivision 1-c of section 240 of the domestic relations law as amended by chapter 371 of the laws of 2013 by adding a paragraph that creates a rebuttable presumption that it is not in the best interests of a child to be placed in the custody of or to 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 when the child who is the subject of the custody proceeding was the victim of the fore- going felony sex offense.
Section 2 makes a conforming change to the Family Court Act. Section 3 provides that this act shall take effect immediately.
Justification
Approximately 3 million cases of child abuse and neglect involving almost 5.5 million children are reported each year. The majority of cases reported to Child Protective Services involve neglect, followed by physical and sexual abuse. There is considerable overlap among children who are abused, with many suffering a combination of physical abuse, sexual abuse, and/or neglect.
Sexual abuse is any sexual activity that a child cannot understand or consent to. It includes acts such as fondling, oral-genital contact, and genital and anal intercourse. It also includes exhibitionism, voyeurism, and exposure to pornography. Studies have suggested that up to one in four girls and one in eight boys will be sexually abused before they are eighteen years old. Most child abuse occurs within the family. Risk factors include parental depression or other mental health issues, a parental history of childhood abuse, and domestic violence.
In most cases, children who are abused or neglected suffer greater mental health than physical health damage. Emotional and psychological abuse and neglect deny the child the tools needed to cope with stress, and to learn new skills to become resilient, strong, and successful. So a child who is maltreated or neglected may have a wide range of reactions and may even become depressed or develop suicidal, withdrawn, or violent behavior. As the child victim get older, he or she may use drugs or alcohol, try to run away, refuse discipline, or abuse others.
As an adult, he or she may develop marital and sexual difficulties, depression, or suicidal behavior.
Not all children who are abused have severe reactions. Usually the youn- ger the child, the longer the abuse continues, and the closer the child's relationship with the abuser, the more serious the mental health effects will be.
Legislative history
2019 Session - new bill
Fiscal implications
No impact
Effective date
This act shall take effect immediately 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.