STATE OF NEW YORK ________________________________________________________________________ 2271 2025-2026 Regular Sessions IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. JONES -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to custody and visita- tion rights of certain sex offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 168-w of the correction law, as renumbered by chap- 2 ter 604 of the laws of 2005, is renumbered section 168-x and a new 3 section 168-w is added to read as follows: 4 § 168-w. Custody and visitation rights. 1. Any sex offender designated 5 as a sexual predator, or a sexually violent offender, or classified as a 6 level two or three risk, for a crime involving a child shall be, except 7 in extraordinary circumstances, prohibited from being granted by a court 8 physical or legal custody of, or unsupervised visitation with, a child. 9 2. Any sex offender classified as a level two or three risk shall be 10 presumed to be ineligible to be granted physical or legal custody of, or 11 unsupervised visitation with, a child, and a court shall grant physical 12 or legal custody of, or unsupervised visitation with, a child only if 13 the sex offender has provided clear and convincing evidence that grant- 14 ing such custody or visitation will be in the best interest of the 15 child. 16 § 2. This act shall take effect on the first of November next succeed- 17 ing the date on which it shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04600-01-5