Prohibits a court from granting custody of a minor to anyone who has been convicted of any of the enumerated sex crimes except where a court finds there is no significant risk to the child.
Summary
Bill A03702 seeks to amend the domestic relations law and the family court act in New York by prohibiting courts from awarding custody or allowing unsupervised visitation of a minor to any parent or individual convicted of specific sexual offenses unless the court determines there is no significant risk to the child. The bill outlines a list of offenses that would disqualify an individual from receiving custody or visitation rights, including various degrees of sexual misconduct, rape, sexual abuse, incest, and related crimes.
Impact
If enacted, this bill would significantly alter the criteria under which custody and visitation rights are granted in New York. It would create a clear legal framework that prioritizes the safety and well-being of minors by disallowing custody or unsupervised visitation for individuals with certain criminal convictions. This change would affect family court proceedings and could lead to more stringent evaluations of parental fitness in cases involving these offenses, thereby reinforcing child protection laws in the state.
Sentiment
The general sentiment surrounding Bill A03702 appears to be supportive, as it aligns with public interests in child safety and welfare. However, there may be concerns regarding the implications for parents who have served their sentences and seek to regain custody or visitation rights, suggesting a need for careful consideration of individual cases by the courts.
Contention
Notable points of contention may arise from the balance between protecting children and ensuring fair treatment of parents with past convictions. Advocates for child safety strongly support the bill, while some legal experts and civil rights advocates may argue that it could lead to overly punitive measures against individuals who have completed their sentences and are seeking to reunite with their children. The discussion may also touch on the adequacy of risk assessments conducted by courts in determining significant risk.
Prohibiting certain sex offenders from entering onto school property or attending school activities, prohibiting courts from assigning a defendant to work release if the defendant is required to register as a sex offender for certain crimes and prohibiting the secretary of corrections from granting an inmate leave from confinement except for specified purposes if theinmate is required to register as a sex offender for certain crimes or is serving a sentence for certain crimes that require registration as a sex offender.
Crimes and procedure; crimes of indecent exposure and other sex crimes further provided to include additional victims; crime of inpatient custodial sexual misconduct, established; domestic violence offenses, further provided to include additional victims and criminal penalties
Crimes and procedure; crime of authority figure sexual abuse, established; crimes of indecent exposure and other sex crimes further provided to include additional victims; crime of inpatient custodial sexual misconduct, established; domestic violence offenses, further provided to include additional victims and criminal penalties
Provides that certain crimes of child abuse may be amended to give the plaintiff until they reach 55 years of age; provides that where acts or omissions giving rise to a claim and occurred in more than one jurisdiction, New York courts shall have jurisdiction where the plaintiff resided in this state for a substantial portion of childhood or received a substantial portion of the treatment or medical control in this state; voids any insurance policy which purports to exclude or limit coverage for certain claims where an action to recover damages for injury resulting from child abuse, including physical abuse, emotional abuse, medical neglect, or medical negligence committed against a person when such person was under eighteen years of age; makes related provisions.
Prohibits accessing or distributing certain sexually explicit depictions of children; prohibits consent to such depictions by anyone under eighteen years of age; makes such crimes eligible for bail; includes certain crimes as sex offenses.
Prohibiting certain sex offenders from entering onto school property or attending school activities and creating criminal penalties for violation thereof.
Prohibiting certain sex offenders from entering onto school property or attending school activities and creating criminal penalties for violation thereof.
Payment rates established for certain substance use disorder treatment services, and vendor eligibility recodified for payments from the behavioral health fund.
Cover Outstanding Vulnerable Expansion-eligible Residents Now Act or the COVER Now Act This bill establishes a demonstration program to allow local governments to provide health benefits to the Medicaid expansion population in states that have not expanded Medicaid. Under the program, local governments may provide coverage for individuals who are newly eligible for Medicaid under the Patient Protection and Affordable Care Act (i.e., the Medicaid expansion population) for a maximum of 10 years, or until their respective states expand Medicaid. The bill provides a 100% federal matching rate for the first three years of program participation. The bill prohibits states from taking certain actions against participating localities, such as withholding funding, increasing taxes, or restricting provider participation. States that violate these requirements are subject to certain funding penalties.