Bill Text: NY A02659 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes certain military personnel to get married within twenty-four hours of receiving a marriage license.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A02659 Detail]

Download: New_York-2011-A02659-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2659
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 19, 2011
                                      ___________
       Introduced  by  M. of A. MORELLE, GANTT, GALEF -- read once and referred
         to the Committee on Judiciary
       AN ACT to amend the domestic relations  law,  in  relation  to  allowing
         marriages within twenty-four hours of receiving a marriage license
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 13-b of the domestic relations law, as  amended  by
    2  chapter 652 of the laws of 2007, is amended to read as follows:
    3    S  13-b.  Time within which marriage may be solemnized.  1. A marriage
    4  shall not be solemnized within twenty-four hours after the  issuance  of
    5  the marriage license, unless authorized by an order of a court of record
    6  as hereinafter provided OR UNLESS AUTHORIZED PURSUANT TO SUBDIVISION TWO
    7  OF  THIS  SECTION,  nor shall it be solemnized after sixty days from the
    8  date of the issuance of the marriage license unless authorized  pursuant
    9  to  section  three  hundred  fifty-four-d  of the executive law.   Every
   10  license to marry hereafter issued by a town or city clerk,  in  addition
   11  to  other  requirements specified by this chapter, must contain a state-
   12  ment of the day and the hour the license is issued and the period during
   13  which the marriage may be solemnized. It shall be the duty of the  cler-
   14  gyman or magistrate performing the marriage ceremony, or if the marriage
   15  is solemnized by written contract, of the judge before whom the contract
   16  is  acknowledged,  to  annex to or endorse upon the marriage license the
   17  date and hour the marriage is solemnized. A  judge  or  justice  of  the
   18  supreme  court  of this state or the county judge of the county in which
   19  either party to be married resides, or if such party  is  under  sixteen
   20  years  of age, the judge of the family court of such county, if it shall
   21  appear from an examination of the license and any other proofs submitted
   22  by the parties that one of the parties is in danger of  imminent  death,
   23  or  by reason of other emergency public interest will be promoted there-
   24  by, or that such delay will work irreparable injury  or  great  hardship
   25  upon  the contracting parties, or one of them, may make an order author-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01924-02-1
       A. 2659                             2
    1  izing the immediate solemnization of the marriage and upon  filing  such
    2  order with the clergyman or magistrate performing the marriage ceremony,
    3  or  if  the  marriage  is to be solemnized by written contract, with the
    4  judge before whom the contract is acknowledged, such clergyman or magis-
    5  trate  may solemnize such marriage, or such judge may take such acknowl-
    6  edgment as the case may be, without waiting for such  three  day  period
    7  and  twenty-four  hour  period  to  elapse. The clergyman, magistrate or
    8  judge must file such order with the town or city clerk  who  issued  the
    9  license within five days after the marriage is solemnized.  Such town or
   10  city  clerk  must  record and index the order in the book required to be
   11  kept by him for recording affidavits, statements, consents and licenses,
   12  and when so recorded the order shall become a public record  and  avail-
   13  able in any prosecution under this section. A person who shall solemnize
   14  a marriage in violation of this section shall be guilty of a misdemeanor
   15  and upon conviction thereof shall be punished by a fine of fifty dollars
   16  for  each  offense,  and  in  addition thereto, his right to solemnize a
   17  marriage shall be suspended for ninety days.
   18    2. NOTWITHSTANDING THE TWENTY-FOUR HOUR WAITING PERIOD  PRESCRIBED  IN
   19  SUBDIVISION  ONE OF THIS SECTION, ANY MILITARY PERSONNEL WHOSE SCHEDULED
   20  MILITARY DEPLOYMENT IS LESS THAN THIRTY DAYS AWAY MAY GET MARRIED WITHIN
   21  TWENTY-FOUR HOURS OF RECEIVING A MARRIAGE LICENSE.
   22    S 2. This act shall take effect immediately.