STATE OF NEW YORK
        ________________________________________________________________________
                                          4372
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
          Committee on Judiciary
        AN ACT to amend the penal law, the domestic relations law and the family
          court act, in relation to termination of parental rights in cases of a
          child conceived through rape
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 130.92 of the penal law is amended by adding a new
     2  subdivision 4 to read as follows:
     3    4. The parental rights and responsibilities with respect to a child of
     4  a parent convicted of the crime of rape in the first degree  as  defined
     5  in  section 130.35 of this article, rape in the second degree as defined
     6  in section 130.30 of this article,  or  rape  in  the  third  degree  as
     7  defined  in  section  130.25  of  this  article,  that  resulted  in the
     8  conception of such child shall be terminated in accordance with  article
     9  six of the family court act.
    10    §  2. Subdivision 1 of section 111-a of the domestic relations law, as
    11  amended by chapter 371 of the laws  of  2013,  is  amended  to  read  as
    12  follows:
    13    1.  Notwithstanding  any  inconsistent provisions of this or any other
    14  law, and in addition to the notice requirements of any law pertaining to
    15  persons other than those specified in subdivision two of  this  section,
    16  notice  as  provided  herein  shall be given to the persons specified in
    17  subdivision two of this section of  any  adoption  proceeding  initiated
    18  pursuant  to  this  article  or  of any proceeding initiated pursuant to
    19  section one hundred fifteen-b of this article relating to the revocation
    20  of an adoption consent, when such proceeding involves a child born  out-
    21  of-wedlock  provided, however, that such notice shall not be required to
    22  be given to any person who previously  has  been  given  notice  of  any
    23  proceeding involving the child, pursuant to section three hundred eight-
    24  y-four-c of the social services law, and provided further that notice in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01754-02-7

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     1  an  adoption  proceeding, pursuant to this section shall not be required
     2  to be given to any person who has  previously  received  notice  of  any
     3  proceeding pursuant to section one hundred fifteen-b of this article. In
     4  addition to such other requirements as may be applicable to the petition
     5  in  any  proceeding  in  which  notice  must  be  given pursuant to this
     6  section, the petition shall set forth the names and last known addresses
     7  of all persons required to be given notice of the  proceeding,  pursuant
     8  to  this section, and there shall be shown by the petition or by affida-
     9  vit or other proof satisfactory to the court that there are  no  persons
    10  other  than  those set forth in the petition who are entitled to notice.
    11  For the purpose of determining persons entitled to  notice  of  adoption
    12  proceedings  initiated  pursuant  to  this article, persons specified in
    13  subdivision two of this section shall not include  any  person  who  has
    14  been  convicted  of one or more of the following sexual offenses in this
    15  state or convicted of one  or  more  offenses  in  another  jurisdiction
    16  which,  if  committed in this state, would constitute one or more of the
    17  following offenses, where it is established after a  hearing,  by  clear
    18  and  convincing evidence, that such person committed any such offense or
    19  when the child who is the subject of the proceeding was conceived  as  a
    20  result:  (A)  rape  in first [or], second or third degree; (B) course of
    21  sexual conduct against a child in the first degree; (C) predatory sexual
    22  assault; or (D) predatory sexual assault against a child.
    23    § 3. Paragraph (b) of subdivision 1-c of section 240 of  the  domestic
    24  relations law, as amended by chapter 371 of the laws of 2013, is amended
    25  to read as follows:
    26    (b) Notwithstanding any other provision of this chapter to the contra-
    27  ry,  there  shall be a rebuttable presumption that it is not in the best
    28  interests of the child, whether born in or out-of-wedlock, to be  placed
    29  in  the  custody  of or to visit with a person who has been convicted of
    30  one or more of the following sexual offenses in this state or  convicted
    31  of  one  or more offenses in another jurisdiction which, if committed in
    32  this state, would constitute one or more of the following offenses, when
    33  a child who is the subject of the proceeding was conceived as a  result:
    34  (A)  rape  in  the  first or second degree; (B) course of sexual conduct
    35  against a child in the first degree; (C) predatory  sexual  assault;  or
    36  (D) predatory sexual assault against a child.
    37    §  4.  Subdivision  5 of section 240 of the domestic relations law, as
    38  added by section 103 of chapter 398 of the laws of 1997,  is  renumbered
    39  subdivision 6 and a new subdivision 7 is added to read as follows:
    40    7.  Notwithstanding any other provision of any law to the contrary, no
    41  court shall award custody to a parent who has been charged with  violat-
    42  ing  section  130.25  (rape  in  the  third degree), 130.30 (rape in the
    43  second degree), or 130.35 (rape in the first degree) of the  penal  law,
    44  where  the  child  that  such  parent seeks custody or visitation of was
    45  conceived as a  result  of  such  rape,  until  the  conclusion  of  all
    46  proceedings associated with such charges. Neither custody nor visitation
    47  shall be awarded to a parent who has been convicted of violating section
    48  130.25  (rape  in the third degree), 130.30 (rape in the second degree),
    49  or 130.35 (rape in the first degree) of the penal law.
    50    § 5. Article 6 of the family court act is amended by adding a new part
    51  6 to read as follows:
    52                                   PART 6
    53       TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY
    54                                    RAPE

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     1  Section 681. Termination of parental rights upon a finding of conception
     2                 by rape.
     3          682. Hearing.
     4    §  681. Termination of parental rights upon a finding of conception by
     5  rape. 1. A proceeding for termination of parental rights on the  grounds
     6  of  a finding of conception by rape is originated by a petition alleging
     7  that the respondent committed the crime of rape in the first  degree  as
     8  defined  in  section  130.35,  rape  in  the second degree as defined in
     9  section 130.30, or rape in the third degree as defined in section 130.25
    10  of the penal law, and that the child was conceived as a result  of  such
    11  rape.  Except as otherwise provided in this part, the provisions of part
    12  one of this article shall apply to all proceedings.
    13    2. At the conclusion of the hearing under section six hundred  eighty-
    14  two  of this part the court may terminate all of the parental rights and
    15  responsibilities of the respondent if the respondent is found  by  clear
    16  and  convincing  evidence  to have committed rape in the first degree as
    17  defined in section 130.35, rape in  the  second  degree  as  defined  in
    18  section  130.30 or rape in the third degree as defined in section 130.25
    19  of the penal law, and the child was conceived as a result of  such  act.
    20  An  order of disposition shall be made, pursuant to this section, solely
    21  on the basis of the best interests of the child, and there shall  be  no
    22  presumption  that  such  interests  will  be  promoted by any particular
    23  disposition.
    24    § 682. Hearing. The court shall hold a  hearing  under  this  part  to
    25  determine  whether  the  allegations in the petition that the respondent
    26  committed rape in the first degree as defined in section 130.35, rape in
    27  the second degree as defined in section 130.30  or  rape  in  the  third
    28  degree as defined in section 130.25 of the penal law, and that the child
    29  was  conceived  as  a  result  of  such  act  are supported by clear and
    30  convincing proof. Only competent, material and relevant evidence may  be
    31  admitted  in  a  hearing  pursuant  to this section. A conviction of the
    32  respondent on the charges alleged shall not be required  for  a  finding
    33  under this section.
    34    § 6. This act shall take effect immediately.