Bill Text: NY S02084 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 2084 (Prior Session Legislation)

NY State Legislature page for S02084

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 5-0)

Status: (Engrossed - Dead) 2016-01-21 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02084 Detail]

Download: New_York-2015-S02084-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2084
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         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 relettered section 168-x and a new
    3  section 168-w is added to read as follows:
    4    S 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    S 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.
                                                                  LBD05209-01-5