Bill Text: NJ A3537 | 2012-2013 | Regular Session | Amended
Bill Title: Provides for termination of parental rights of certain persons convicted of sexual assault that resulted in the birth of a child.*
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed - Dead) 2013-05-09 - Received in the Senate, Referred to Senate Judiciary Committee [A3537 Detail]
Download: New_Jersey-2012-A3537-Amended.html
ASSEMBLY, No. 3537
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED DECEMBER 6, 2012
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblywoman SHEILA Y. OLIVER
District 34 (Essex and Passaic)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblyman Caputo
SYNOPSIS
Provides that person convicted of sexual assault that resulted in the birth of a child shall not be awarded custody or visitation under any circumstances.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on January 17, 2013, with amendments.
An Act concerning sexual assault and parental rights and amending P.L.1995, c.55.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.55 (C.9:2-4.1) is amended to read as follows:
1. a. (1) Notwithstanding any provision of law to the contrary 1[and except as provided in paragraph (2) of this subsection]1, a person convicted of sexual assault under N.J.S.2C:14-2 shall not be awarded the custody of or visitation rights to any minor child[, including a minor child] who was born as a result of [or was the victim of] the sexual assault[, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual assault under N.J.S.2C:14-2 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court].
(2) A person convicted of sexual assault under N.J.S.2C:14-2, other than a sexual assault that results in the birth of a child, shall not be awarded the custody of or visitation rights to any minor child except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual assault under N.J.S.2C:14-2 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court.
b. Notwithstanding any provision of law to the contrary, a person convicted of sexual contact under N.J.S.2C:14-3 or endangering the welfare of a child under N.J.S.2C:24-4 shall not be awarded the custody of or visitation rights to any minor child, except upon a showing by clear and convincing evidence that it is in the best interest of the child for such custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual contact under N.J.S.2C:14-3 or endangering the welfare of a child under N.J.S.2C:24-4 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court.
c. A denial of custody or visitation under this section shall not by itself terminate the parental rights of the person denied visitation or custody, nor shall it affect the obligation of the person to support the minor child.
d. In any proceeding for establishment or enforcement of such an obligation of support the victim shall not be required to appear in the presence of the obligor and the victim's and child's whereabouts shall be kept confidential.
(cf: P.L.1999, c.424)
2. This act shall take effect immediately and shall apply to any proceeding concerning custody or visitation for which a final adjudication has not been made as of the effective date of this act.
