EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Sections 2 and 5 of Assembly Bill No. 456 of this session

1-2 are hereby amended to read as follows:

1-3 Sec. 2. 1. The conviction of the parent of a child for

1-4 murder of the first degree of the other parent of the child creates

1-5 a rebuttable presumption that sole or joint custody of the child by

1-6 the convicted parent is not in the best interest of the child. The

1-7 rebuttable presumption may be overcome only if:

1-8 (a) The court determines that:

1-9 (1) There is no other suitable guardian for the child;

1-10 (2) The convicted parent is a suitable guardian for the child;

1-11 and

1-12 (3) The health, safety and welfare of the child are not at

1-13 risk; or

1-14 (b) The child is of suitable age to signify his assent and assents

1-15 to the order of the court awarding sole or joint custody of the

1-16 child to the convicted parent.

2-1 2. The conviction of the parent of a child for murder of the

2-2 first degree of the other parent of the child creates a rebuttable

2-3 presumption that rights to visitation with the child are not in the

2-4 best interest of the child and must not be granted if custody is not

2-5 granted pursuant to subsection 1. The rebuttable presumption

2-6 may be overcome only if:

2-7 (a) The court determines that:

2-8 (1) The health, safety and welfare of the child are not at

2-9 risk; and

2-10 (2) It will be beneficial for the child to have visitations with

2-11 the convicted parent; or

2-12 (b) The child is of suitable age to signify his assent and assents

2-13 to the order of the court awarding rights to visitation with the

2-14 child to the convicted parent.

2-15 3. Until the court makes a determination pursuant to this

2-16 section, no person may bring the child into the presence of the

2-17 convicted parent without the consent of the legal guardian or

2-18 custodian of the child.

2-19 Sec. 5. 1. The conviction of the parent of a child for

2-20 murder of the first degree of the other parent of the child creates

2-21 a rebuttable presumption that sole or joint custody of the child by

2-22 the convicted parent is not in the best interest of the child. The

2-23 rebuttable presumption may be overcome only if:

2-24 (a) The court determines that:

2-25 (1) There is no other suitable guardian for the child;

2-26 (2) The convicted parent is a suitable guardian for the child;

2-27 and

2-28 (3) The health, safety and welfare of the child are not at

2-29 risk; or

2-30 (b) The child is of suitable age to signify his assent and assents

2-31 to the order of the court awarding sole or joint custody of the

2-32 child to the convicted parent.

2-33 2. The conviction of the parent of a child for murder of the

2-34 first degree of the other parent of the child creates a rebuttable

2-35 presumption that rights to visitation with the child are not in the

2-36 best interest of the child and must not be granted if custody is not

2-37 granted pursuant to subsection 1. The rebuttable presumption

2-38 may be overcome only if:

2-39 (a) The court determines that:

2-40 (1) The health, safety and welfare of the child are not at

2-41 risk; and

2-42 (2) It will be beneficial for the child to have visitations with

2-43 the convicted parent; or

3-1 (b) The child is of suitable age to signify his assent and assents

3-2 to the order of the court awarding rights to visitation with the

3-3 child to the convicted parent.

3-4 3. Until the court makes a determination pursuant to this

3-5 section, no person may bring the child into the presence of the

3-6 convicted parent without the consent of the legal guardian or

3-7 custodian of the child.

3-8 Sec. 2. This act becomes effective upon passage and approval.