2001 REGULAR SESSION (71st)                                                                         A SB25 R1 866

Amendment No. 866

 

Assembly Amendment to Senate Bill No. 25  First Reprint                                                    (BDR 11‑45)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 2, by deleting:

“subsection [3,] 6,” and inserting:

“[subsection 3,] this section,”.

     Amend section 1, page 1, line 9, by deleting “[or]” and inserting “or”.

     Amend section 1, page 1, by deleting lines 11 through 14 and inserting “terminated,”.

     Amend section 1, page 2, line 2, by deleting “[also]”.

     Amend section 1, page 2, line 3, before “may” by inserting “also”.

     Amend section 1, page 2, by deleting lines 7 through 22 and inserting:

     “3.  A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or restricted visits with the child.

     4.  If a parent of the child has denied or restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by a preponderance of the evidence that it is in the best interests of the child to grant visitation.

     5.  The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.

     6.  In determining whether [to grant a right to visitation to a petitioner pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:”.

     Amend section 1, page 3, by deleting lines 6 through 10 and inserting:

     “4.] 7.  If the parental rights of either or both natural parents of a child are”.

     Amend section 1, page 3, line 19, by deleting:

“, by a preponderance of the evidence,”.

     Amend section 1, page 3, by deleting line 21, and inserting:

“paragraphs (a) to (j), inclusive, of subsection [3.] 6.”.

     Amend section 1, page 3, line 22, by deleting “7.” and inserting “8.”.

     Amend section 1, page 3, by deleting lines 31 through 35 and inserting:

          “(3) If the petition is based on the provisions of subsection 2, after the”.

     Amend section 1, page 3, line 37, by deleting “8.” and inserting “9.”.

     Amend section 1, page 3, by deleting lines 41 through 45 and inserting:

     “[7.] 10.  For the purposes of this section, “separation” means:”.

     Amend the bill as a whole by adding the following assemblywoman as a primary joint sponsor:

Assemblywoman Berman.