STATE OF NEW YORK ________________________________________________________________________ 8159 2023-2024 Regular Sessions IN ASSEMBLY October 18, 2023 ___________ 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 828 of the laws of 2022, 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: (a) in the case of the adoption of a child transferred to the 23 custody and guardianship of an authorized agency, foster parent, or 24 relative pursuant to section three hundred eighty-four-b of the social EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13354-01-3
A. 8159 2 1 services law or a child transferred to the custody and guardianship of 2 an authorized agency pursuant to section three hundred eighty-three-c of 3 the social services law; or (b) to any person who has previously 4 received notice of any proceeding pursuant to section one hundred 5 fifteen-b of this article. In addition to such other requirements as may 6 be applicable to the petition in any proceeding in which notice must be 7 given pursuant to this section, the petition shall set forth the names 8 and last known addresses of all persons required to be given notice of 9 the proceeding, pursuant to this section, and there shall be shown by 10 the petition or by affidavit or other proof satisfactory to the court 11 that there are no persons other than those set forth in the petition who 12 are entitled to notice. For the purpose of determining persons entitled 13 to notice of adoption proceedings initiated pursuant to this article, 14 persons specified in subdivision two of this section shall not include 15 any person who has been convicted of one or more of the following sexual 16 offenses in this state or convicted of one or more offenses in another 17 jurisdiction which, if committed in this state, would constitute one or 18 more of the following offenses, where it is established after a hearing, 19 by clear and convincing evidence, that such person committed any such 20 offense or when the child who is the subject of the proceeding was 21 conceived as a result: (A) rape in the first [or], second or third 22 degree; (B) course of sexual conduct against a child in the first 23 degree; (C) predatory sexual assault; or (D) predatory sexual assault 24 against a child. 25 § 3. Paragraph (b) of subdivision 1-c of section 240 of the domestic 26 relations law, as amended by chapter 182 of the laws of 2019, is amended 27 to read as follows: 28 (b) Notwithstanding any other provision of this chapter to the contra- 29 ry, there shall be a rebuttable presumption that it is not in the best 30 interests of the child, whether born in or out-of-wedlock, to: 31 (A) be placed in the custody of or to visit with a person who has been 32 convicted of one or more of the following sexual offenses in this state 33 or convicted of one or more offenses in another jurisdiction which, if 34 committed in this state, would constitute one or more of the following 35 offenses, when a child who is the subject of the proceeding was 36 conceived as a result: 37 (1) rape in the first or second degree; 38 (2) course of sexual conduct against a child in the first degree; 39 (3) predatory sexual assault; or 40 (4) predatory sexual assault against a child; or 41 (B) be placed in the custody of or have unsupervised visits with a 42 person who has been convicted of a felony sex offense, as defined in 43 section 70.80 of the penal law, or convicted of an offense in another 44 jurisdiction which, if committed in this state, would constitute such a 45 felony sex offense, where the victim of such offense was the child who 46 is the subject of the proceeding. 47 § 4. Subdivision 5 of section 240 of the domestic relations law, as 48 added by section 103 of chapter 398 of the laws of 1997, is renumbered 49 subdivision 6 and a new subdivision 7 is added to read as follows: 50 7. Notwithstanding any other provision of any law to the contrary, no 51 court shall award custody to a parent who has been charged with violat- 52 ing section 130.25 (rape in the third degree), 130.30 (rape in the 53 second degree), or 130.35 (rape in the first degree) of the penal law, 54 where the child that such parent seeks custody or visitation of was 55 conceived as a result of such rape, until the conclusion of all 56 proceedings associated with such charges. Neither custody nor visitation
A. 8159 3 1 shall be awarded to a parent who has been convicted of violating section 2 130.25 (rape in the third degree), 130.30 (rape in the second degree), 3 or 130.35 (rape in the first degree) of the penal law. 4 § 5. Article 6 of the family court act is amended by adding a new part 5 6 to read as follows: 6 PART 6 7 TERMINATION OF PARENTAL RIGHTS UPON A FINDING OF CONCEPTION BY 8 RAPE 9 Section 681. Termination of parental rights upon a finding of conception 10 by rape. 11 682. Hearing. 12 § 681. Termination of parental rights upon a finding of conception by 13 rape. 1. A proceeding for termination of parental rights on the grounds 14 of a finding of conception by rape is originated by a petition alleging 15 that the respondent committed the crime of rape in the first degree as 16 defined in section 130.35, rape in the second degree as defined in 17 section 130.30, or rape in the third degree as defined in section 130.25 18 of the penal law, and that the child was conceived as a result of such 19 rape. Except as otherwise provided in this part, the provisions of part 20 one of this article shall apply to all proceedings. 21 2. At the conclusion of the hearing under section six hundred eighty- 22 two of this part the court may terminate all of the parental rights and 23 responsibilities of the respondent if the respondent is found by clear 24 and convincing evidence to have committed rape in the first degree as 25 defined in section 130.35, rape in the second degree as defined in 26 section 130.30 or rape in the third degree as defined in section 130.25 27 of the penal law, and the child was conceived as a result of such act. 28 An order of disposition shall be made, pursuant to this section, solely 29 on the basis of the best interests of the child, and there shall be no 30 presumption that such interests will be promoted by any particular 31 disposition. 32 § 682. Hearing. The court shall hold a hearing under this part to 33 determine whether the allegations in the petition that the respondent 34 committed rape in the first degree as defined in section 130.35, rape in 35 the second degree as defined in section 130.30 or rape in the third 36 degree as defined in section 130.25 of the penal law, and that the child 37 was conceived as a result of such act are supported by clear and 38 convincing proof. Only competent, material and relevant evidence may be 39 admitted in a hearing pursuant to this section. A conviction of the 40 respondent on the charges alleged shall not be required for a finding 41 under this section. 42 § 6. This act shall take effect immediately.