New York A 2451: Relates to factoring domestic violence convictions into certain family court decisions

Bill Text

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A02451 Summary:

BILL NOA02451 

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SAME ASNo Same As

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SPONSORCruz

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COSPNSREachus

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Amd §1046, Fam Ct Act

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Factors domestic violence convictions into family court decisions regarding visitation, custody and parental rights; provides that any parent undergoing mandatory, batterer specific rehabilitation measures shall only be granted supervised visitation.

Go to top A02451 Actions:

BILL NOA02451 

&nbsp

01/17/2025referred to children and families

01/07/2026referred to children and families

Go to topA02451 Committee&nbspVotes:

Go to topA02451 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02451 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2451

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 17, 2025
 ___________

 Introduced by M. of A. CRUZ, EACHUS -- read once and referred to the
 Committee on Children and Families

 AN ACT to amend the family court act, in relation to factoring domestic
 violence convictions into family court decisions regarding visitation,
 custody and parental rights

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs (vii) and (viii) of subdivision (a) of section
 2 1046 of the family court act, paragraph (vii) as amended by chapter 432
 3 of the laws of 1993, paragraph (viii) as added by chapter 1015 of the
 4 laws of 1972, are amended and a new paragraph (ix) is added to read as
 5 follows:
 6 (vii) neither the privilege attaching to confidential communications
 7 between [husband and wife] spouses, as set forth in section forty-five
 8 hundred two of the civil practice law and rules, nor the physician-pa-
 9 tient and related privileges, as set forth in section forty-five hundred
 10 four of the civil practice law and rules, nor the psychologist-client
 11 privilege, as set forth in section forty-five hundred seven of the civil
 12 practice law and rules, nor the social worker-client privilege, as set
 13 forth in section forty-five hundred eight of the civil practice law and
 14 rules, nor the rape crisis counselor or domestic violence
 15 advocate-client privilege, as set forth in section forty-five hundred
 16 ten of the civil practice law and rules, shall be a ground for excluding
 17 evidence which otherwise would be admissible[.]; and
 18 (viii) proof of the "impairment of emotional health" or "impairment of
 19 mental or emotional condition" as a result of the unwillingness or
 20 inability of the respondent to exercise a minimum degree of care toward
 21 a child may include competent opinion or expert testimony and may
 22 include proof that such impairment lessened during a period when the
 23 child was in the care, custody or supervision of a person or agency
 24 other than the respondent[.]; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06200-01-5

 A. 2451 2

 1 (ix) previous convictions of disorderly conduct, harassment in the
 2 first degree, harassment in the second degree, aggravated harassment in
 3 the second degree, sexual misconduct forcible touching, sexual abuse in
 4 the third degree, sexual abuse in the second degree as set forth in
 5 subdivision one of section 130.60 of the penal law, stalking in the
 6 first degree, stalking in the second degree, stalking in the third
 7 degree, stalking in the fourth degree, criminal mischief, menacing in
 8 the second degree, menacing in the third degree, reckless endangerment,
 9 strangulation in the first degree, strangulation in the second degree,
 10 criminal obstruction of breathing or blood circulation, assault in the
 11 second degree, assault in the third degree, an attempted assault, coer-
 12 cion in the third degree as set forth in subdivisions one, two and three
 13 of section 135.60 of the penal law between spouses or former spouses, or
 14 between parent and child or between members of the same family or house-
 15 hold except that if the respondent would not be criminally responsible
 16 by reason of age pursuant to section 30.00 of the penal law, shall be
 17 taken into consideration for any hearing deciding on the visitation,
 18 custody, or rights of a parent