Bill Text: NY S02481 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Engrossed - Dead) 2012-06-18 - referred to correction [S02481 Detail]

Download: New_York-2011-S02481-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2481--A
           Cal. No. 543
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2011
                                      ___________
       Introduced  by  Sens.  FLANAGAN,  RANZENHOFER  -- read twice and ordered
         printed, and when printed to be committed to the  Committee  on  Crime
         Victims, Crime and Correction -- recommitted to the Committee on Crime
         Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
         -- reported favorably from said committee, ordered to first and second
         report,  ordered  to  a  third reading, amended and ordered reprinted,
         retaining its place in the order of third reading
       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.
                                                                  LBD07726-02-2