Bill Text: NY A03068 | 2013-2014 | General Assembly | Introduced

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Bill Title: Terminates the parental rights with respect to a specific child of a person convicted of rape that resulted in the conception of such child.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A03068 Detail]

Download: New_York-2013-A03068-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3068
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 23, 2013
                                      ___________
       Introduced  by  M. of A. CLARK, ZEBROWSKI, SCARBOROUGH, SIMOTAS, JAFFEE,
         TITONE -- Multi-Sponsored by -- M. of A. CERETTO, CROUCH, ENGLEBRIGHT,
         GOTTFRIED -- read once and referred to the Committee on Codes
       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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 130.92 of the penal law is amended by adding a new
    2  subdivision 4 to read as follows:
    3    4. THE PARENTAL RIGHTS AND RESPONSIBILITIES WITH  RESPECT TO  A  CHILD
    4  OF  A  PARENT  CONVICTED  OF  THE  CRIME  OF RAPE IN THE FIRST DEGREE AS
    5  DEFINED IN SECTION 130.35 OF THIS ARTICLE, RAPE IN THE SECOND DEGREE  AS
    6  DEFINED  IN  SECTION 130.30 OF THIS ARTICLE, OR RAPE IN THE THIRD DEGREE
    7  AS DEFINED IN SECTION 130.25 OF  THIS  ARTICLE,  THAT  RESULTED  IN  THE
    8  CONCEPTION  OF  SUCH  CHILD MAY BE TERMINATED IN ACCORDANCE WITH SECTION
    9  FIVE HUNDRED SIXTY-SIX OF THE FAMILY COURT ACT.
   10    S 2. Article 5 of the family court act is amended by adding a new part
   11  6 to read as follows:
   12                                    PART 6
   13               TERMINATION OF PARENTAL RIGHTS UPON CONVICTION
   14  SECTION 566. TERMINATION OF PARENTAL RIGHTS  AND  RESPONSIBILITIES  UPON
   15                 CONVICTION FOR RAPE.
   16    S  566.  TERMINATION  OF  PARENTAL  RIGHTS  AND  RESPONSIBILITIES UPON
   17  CONVICTION FOR RAPE. (A) THE PARENTAL RIGHTS AND  RESPONSIBILITIES  WITH
   18  RESPECT  TO  A SPECIFIC CHILD OF A PARENT CONVICTED OF THE CRIME OF RAPE
   19  IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THE PENAL LAW,  RAPE
   20  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 130.30 OF THE PENAL LAW, OR
   21  RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL  LAW,
   22  THAT  RESULTED  IN  THE  CONCEPTION  OF  SUCH CHILD MAY BE TERMINATED IN
   23  ACCORDANCE WITH THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05788-01-3
       A. 3068                             2
    1    (B) THE PETITION FOR TERMINATION MAY BE FILED BY THE OTHER PARENT  OR,
    2  IF  THE  OTHER  PARENT  IS  A MINOR, THE PARENT OR GUARDIAN OF THE OTHER
    3  PARENT.
    4    (C)  THE  PETITIONER  MAY FILE A PETITION WITH THE COURT THAT REQUESTS
    5  THE TERMINATION OF THE  PARENTAL  RIGHTS  AND  RESPONSIBILITIES  OF  THE
    6  CONVICTED PARENT AND ALLEGES:
    7    (1)  THAT  THE  PARENT WAS CONVICTED OF THE CRIME OF RAPE IN THE FIRST
    8  DEGREE AS DEFINED IN SECTION 130.35 OF THE PENAL LAW, RAPE IN THE SECOND
    9  DEGREE AS DEFINED IN SECTION 130.30 OF THE PENAL LAW,  OR  RAPE  IN  THE
   10  THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW; AND
   11    (2) THAT SUCH CRIME RESULTED IN THE CONCEPTION OF THE CHILD.
   12    (D)  UPON  RECEIPT OF THE PETITION, THE COURT SHALL COMMENCE A HEARING
   13  TO DETERMINE WHETHER THE ALLEGATIONS ESTABLISHED IN SUBDIVISION  (C)  OF
   14  THIS  SECTION HAVE BEEN SUPPORTED BY CLEAR AND CONVINCING PROOF. IF SUCH
   15  ALLEGATIONS HAVE BEEN PROVEN, THE COURT  SHALL  TERMINATE  THE  PARENTAL
   16  RIGHTS AND RESPONSIBILITIES OF THE PARENT.
   17    S  3.  This  act shall take effect on the ninetieth day after it shall
   18  have become a law.