Bill Text: NY A04549 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits a sex offender from being granted by a court, physical or legal custody of, or unsupervised visitation with a child.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-07-14 - held for consideration in correction [A04549 Detail]
Download: New_York-2019-A04549-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4549 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. B. MILLER -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to custody and visita- tion rights of a sex offender The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 168-w of the correction law, as relettered by chap- 2 ter 604 of the laws of 2005, is renumbered section 168-x and a new 3 section 168-w is added to read as follows: 4 § 168-w. Custody and visitation rights. 1. Any sex offender designated 5 as a sexual predator, or a sexually violent offender, or classified as a 6 level three risk, for a crime involving a child shall be, except in 7 extraordinary circumstances, prohibited from being granted by a court 8 physical or legal custody of, or unsupervised visitation with, a child. 9 2. Any sex offender classified as a level three risk shall be presumed 10 to be ineligible to be granted physical or legal custody of, or unsuper- 11 vised visitation with, a child, and a court shall grant physical or 12 legal custody of, or unsupervised visitation with, a child only if the 13 sex offender has provided clear and convincing evidence that granting 14 such custody or visitation will be in the best interest of the child. 15 § 2. This act shall take effect on the first of November next succeed- 16 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06608-01-9