New York A 3702: Relates to truth in testing for the common core

Bill Text

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A03702 Summary:

BILL NOA03702 

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SAME ASNo Same As

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SPONSORTannousis

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COSPNSR

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MLTSPNSR

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Amd §§240 & 70, Dom Rel L; amd §651, Fam Ct Act

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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.

Go to top A03702 Actions:

BILL NOA03702 

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01/30/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA03702 Committee&nbspVotes:

Go to topA03702 Floor&nbspVotes:

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

Go to topA03702 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3702

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. TANNOUSIS -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the domestic relations law and the family court act, in
 relation to the granting of custody of a minor

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

 1 Section 1. Subdivision 5 of section 240 of the domestic relations law,
 2 as added by section 103 of chapter 398 of the laws of 1997, is renum-
 3 bered subdivision 6 and a new subdivision 7 is added to read as follows:
 4 7. Notwithstanding any other provision of any law to the contrary, no
 5 court shall award custody to or allow unsupervised visitation with a
 6 parent or any other person who has been convicted of violating section
 7 130.20 (sexual misconduct); 130.25 (rape in the third degree); 130.30
 8 (rape in the second degree); 130.35 (rape in the first degree); 130.55
 9 (sexual abuse in the third degree); 130.60 (sexual abuse in the second
 10 degree); 130.65 (sexual abuse in the first degree); 130.67 (aggravated
 11 sexual abuse in the second degree); 130.70 (aggravated sexual abuse in
 12 the first degree); 255.25 (incest in the third degree); 255.26 (incest
 13 in the second degree); 255.27 (incest in the first degree); 263.05 (use
 14 of a child in a sexual performance); 263.10 (promoting an obscene sexual
 15 performance by a child); 263.15 (promoting a sexual performance by a
 16 child); 235.21 (disseminating indecent material to minors in the second
 17 degree); 235.22 (disseminating indecent material to minors in the first
 18 degree); 230.30 (promoting prostitution in the second degree); 230.32
 19 (promoting prostitution in the first degree); or subdivision two of
 20 section 230.25 (promoting prostitution in the third degree) of the penal
 21 law, unless the court finds that there is no significant risk to the
 22 child.
 23 § 2. Subdivision (a) of section 70 of the domestic relations law, as
 24 amended by chapter 457 of the laws of 1988, is amended to read as
 25 follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03770-01-5

 A. 3702 2

 1 (a) Where a minor child is residing within this state, either parent
 2 may apply to the supreme court for a writ of habeas corpus to have such
 3 minor child brought before such court; and on the return thereof, the
 4 court, on due consideration, may award the natural guardianship, charge
 5 and custody of such child to either parent for such time, under such
 6 regulations and restrictions, and with such provisions and directions,
 7 as the case may require, and may at any time thereafter vacate or modify
 8 such order. In all cases there shall be no prima facie right to the
 9 custody of the child in either parent, but the court shall determine
 10 solely what is for the best interest of the child, and what will best
 11 promote its welfare and happiness, and make award accordingly subject,
 12 however, to the provisions of subdivision seven of section two hundred
 13 forty of this chapter.
 14 § 3. Subdivisions (a), (b) and (c) of section 651 of the family court
 15 act, subdivision (a) as amended by chapter 182 of the laws of 2019,
 16 subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
 17 vision (c) as amended by chapter 85 of the laws of 1996, are amended to
 18 read as follows:
 19 (a) When referred from the supreme court or county court to the family
 20 court, the family co