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NY A08159

Bill

Status

Introduced

10/18/2023

Primary Sponsor

Edward Braunstein

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Establishes a new proceeding in family court to terminate parental rights when a child was conceived through rape in the first, second, or third degree, with termination based on clear and convincing evidence rather than requiring a criminal conviction.

  • Removes from notice requirements in adoption proceedings any person convicted of rape (first, second, or third degree) or certain sexual offenses where the child was conceived as a result of that offense.

  • Creates a rebuttable presumption that it is not in the child's best interests to be placed in custody of or visit with a person convicted of rape or specified sexual offenses when the child was conceived as a result of that offense.

  • Prohibits courts from awarding custody or visitation to any parent charged with rape (any degree) involving conception of the child, until all criminal proceedings conclude, and bars custody or visitation entirely if the parent is convicted.

  • Takes effect immediately upon enactment.

Legislative Description

Provides a process for the termination of parental rights in cases of a child conceived through rape by clear and convincing evidence.

Last Action

referred to judiciary

1/3/2024

Committee Referrals

Judiciary10/18/2023

Full Bill Text

No bill text available