Bill Text: NJ S2342 | 2012-2013 | Regular Session | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-11-29 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2342 Detail]
Download: New_Jersey-2012-S2342-Introduced.html
Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)
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 introduced.
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 and except as provided in paragraph (2) of this subsection, 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.
STATEMENT
This bill provides that a person convicted of a sexual assault that resulted in the birth of a child could not be awarded custody or visitation rights to that child.
Under current law, set out in subsection a. of N.J.S.A.9:2-4.1, a person convicted of sexual assault 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.
Under this bill, the "best interest of the child" exception would be eliminated in the case of a child who was born as a result of the sexual assault. A person convicted of that sexual assault could not be awarded custody or visitation rights under any circumstances.
However, the "best interest" exception would continue to apply to custody and visitation in the other situations encompassed by the statute. Thus, under the bill, a person convicted of sexual assault may be awarded custody of or visitation rights to a child (other than a child born as a result of the sexual assault), if there is 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.
Under current law, a denial of custody or visitation shall not by itself terminate the parental rights of the person denied visitation or custody or affect the obligation of the person to support the minor child, and the bill would not change this provision.
