NY State Assembly Bill 2013-A8382A

Assembly Bill A8382A

2013-2014 Legislative Session

Relates to certain assault crimes which include the aid or encouragement of additional persons

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2014	print number 8382a
Jan 23, 2014	amend and recommit to codes
Jan 09, 2014	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2013-A8382 - Details

See Senate Version of this Bill:: S6283
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.10, 120.07, 125.20, 10.00, 70.05 & 70.30, Pen L; amd §§720.10 & 180.75, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A2024, S1870
2017-2018: S2500
2019-2020: S370
2021-2022: S233
2023-2024: S477

2013-A8382 - Summary

Relates to certain assault crimes wherein a person is aided or encouraged to strike the victim in the head and cause unconsciousness.

2013-A8382 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8382

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of  A. TEDISCO, ROSA, SKARTADOS, BORELLI, PALMESANO,
  BARCLAY, McLAUGHLIN, McDONOUGH, DIPIETRO, CROUCH, LALOR, RAIA --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to assault or aiding or encouraging assault

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4  of  section  120.10  of the penal law, as
amended by chapter 791 of the laws of 1967, is amended and a new  subdi-
vision 5 is added to read as follows:
  4.  In the course of and in furtherance of the commission or attempted
commission of a felony or of immediate flight therefrom, he OR  SHE,  or
another participant if there be any, causes serious physical injury to a
person other than one of the participants[.]; OR
  5.    BEING FOURTEEN YEARS OF AGE OR MORE AND WITH THE INTENT TO CAUSE
ANOTHER PERSON TO BE RENDERED UNCONSCIOUS, HE OR SHE STRIKES SUCH PERSON
ON THE HEAD, OR HE OR SHE AIDS  OR  ENCOURAGES  ANOTHER  PARTICIPANT  TO
STRIKE SUCH PERSON ON THE HEAD, CAUSING PHYSICAL INJURY OR SERIOUS PHYS-
ICAL INJURY TO SUCH PERSON.
  S  2.  Section 120.07 of the penal law, as added by chapter 647 of the
laws of 1996, is amended to read as follows:
S 120.07 Gang assault in the first degree.
  A person is guilty of gang assault in the first degree when[,]:
  1. with intent to cause serious physical injury to another person  and
when  aided  by  two  or  more other persons actually present, he causes
serious physical injury to such person or to a third person[.]; OR
  2. BEING FOURTEEN YEARS OLD OR MORE  AND  WITH  THE  INTENT  TO  CAUSE
ANOTHER  PERSON TO BE RENDERED UNCONSCIOUS, AND WHEN AIDED BY OR ENCOUR-
AGED BY TWO OR MORE OTHER PERSONS ACTUALLY PRESENT, HE  OR  SHE  STRIKES
SUCH PERSON ON THE HEAD, OR HE OR SHE AIDS OR ENCOURAGES ANOTHER PARTIC-
IPANT  TO  STRIKE  SUCH  PERSON  ON THE HEAD, CAUSING PHYSICAL INJURY OR
SERIOUS PHYSICAL INJURY TO SUCH PERSON.
  Gang assault in the first degree is a class B felony.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD13180-03-3

A. 8382                             2

  S 3. Subdivision 4 of section 125.20 of the penal  law,  as  added  by
chapter  477  of the laws of 1990, is amended and a new subdivision 5 is
added to read as follows:
  4.  Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant  recklessly
engages in conduct which creates a grave risk of serious physical injury
to such person and thereby causes the death of such person[.]; OR
  5.  BEING  FOURTEEN  YEARS OF AGE OR MORE AND WITH THE INTENT TO CAUSE
ANOTHER PERSON TO BE RENDERED UNCONSCIOUS, HE OR SHE STRIKES SUCH PERSON
ON THE HEAD, OR HE OR SHE AIDS  OR  ENCOURAGES  ANOTHER  PARTICIPANT  TO
STRIKE SUCH PERSON ON THE HEAD, CAUSING THE DEATH OF SUCH PERSON.
  S  4. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
  (a) the conviction to be replaced by a youthful  offender  finding  is
for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20, except as provided  in
subdivision  three  OF  THIS SECTION, or (iii) rape in the first degree,
criminal sexual act in the first degree,  or  aggravated  sexual  abuse,
except as provided in subdivision three OF THIS SECTION, OR (IV) ASSAULT
IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION 120.10 OF
THE PENAL LAW, OR (V) GANG ASSAULT IN THE FIRST  DEGREE  AS  DEFINED  IN
SUBDIVISION TWO OF SECTION 120.07 OF THE PENAL LAW, OR (VI) MANSLAUGHTER
IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF
THE PENAL LAW, or
  S 5. Subdivision 18 of section 10.00 of the penal law, as  amended  by
chapter 7 of the laws of 2007, is amended to read as follows:
  18.  "Juvenile  offender" means (1) a person thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or such conduct as a sexually motivated felony, where authorized  pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER; and
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is  one  for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in  the  first  degree);
subdivisions  one  [and], two AND FIVE of section 120.10 (assault in the
first degree); SUBDIVISION TWO OF SECTION 120.07 (GANG  ASSAULT  IN  THE
FIRST  DEGREE);  125.20 (manslaughter in the first degree); subdivisions
one and two of section 130.35 (rape in the first  degree);  subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
the  first  degree);  subdivision  two of section 160.10 (robbery in the
second degree) of this chapter; or section 265.03 of this chapter, where
such machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen  of  section  220.00  of  this
chapter;  or  defined  in this chapter as an attempt to commit murder in
the second degree or kidnapping in the first degree, or such conduct  as
a sexually motivated felony, where authorized pursuant to section 130.91
of [the penal law] THIS CHAPTER.
  S  6. Section 70.05 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:

A. 8382                             3

  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
JUVENILE OFFENDER IS CONVICTED OF ASSAULT IN THE FIRST DEGREE AS DEFINED
IN SUBDIVISION FIVE OF SECTION 120.10; GANG ASSAULT IN THE FIRST  DEGREE
AS  DEFINED IN SUBDIVISION TWO OF SECTION 120.07; OR MANSLAUGHTER IN THE
FIRST  DEGREE  AS  DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS
CHAPTER, SUCH OFFENDER SHALL BE SENTENCED PURSUANT TO SECTION  70.02  OF
THIS  ARTICLE;  PROVIDED,  THAT THE PROVISIONS OF THIS SUBDIVISION SHALL
ONLY APPLY TO JUVENILE OFFENDERS OVER THIRTEEN YEARS OLD.
  S 7. Paragraph (f) of subdivision 1 of section 70.30 of the penal law,
as added by chapter 481 of the laws of 1978 and relettered by chapter  3
of the laws of 1995, is amended to read as follows:
  (f) The aggregate maximum term of consecutive sentences imposed upon a
juvenile  offender for two or more crimes, not including a class A felo-
ny,  OR ASSAULT IN THE FIRST DEGREE AS DEFINED IN  SUBDIVISION  FIVE  OF
SECTION  120.10, GANG ASSAULT IN THE FIRST DEGREE AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 120.07, OR  MANSLAUGHTER  IN  THE  FIRST  DEGREE  AS
DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS CHAPTER, committed
before  he  has  reached  the  age  of sixteen, shall, if it exceeds ten
years, be deemed to be ten years. If consecutive indeterminate sentences
imposed upon a juvenile offender include a  sentence  for  the  class  A
felony  of  arson  in  the  first degree [or for the class A felony of],
kidnapping in the first degree, ASSAULT IN THE FIRST DEGREE  AS  DEFINED
IN  SUBDIVISION FIVE OF SECTION 120.10, GANG ASSAULT IN THE FIRST DEGREE
AS DEFINED IN SUBDIVISION TWO OF SECTION 120.07, OR MANSLAUGHTER IN  THE
FIRST  DEGREE  AS  DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS
CHAPTER, then the aggregate maximum term of such sentences shall, if  it
exceeds   [fifteen]   TWENTY-FIVE  years,  be  deemed  to  be  [fifteen]
TWENTY-FIVE years. Where the aggregate  maximum  term  of  two  or  more
consecutive  sentences is reduced by a calculation made pursuant to this
paragraph, the aggregate minimum period of imprisonment, if  it  exceeds
one-half of the aggregate maximum term as so reduced, shall be deemed to
be one-half of the aggregate maximum term as so reduced.
  S 8. Paragraph (d) of subdivision 1 of section 70.30 of the penal law,
as  added  by  chapter  481  of  the laws of 1978, is amended to read as
follows:
  (d) The aggregate maximum term of consecutive sentences imposed upon a
juvenile offender for two or  more  crimes,  not  including  a  class  A
felony,  ASSAULT  IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF
SECTION 120.10; GANG ASSAULT IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
SION  TWO  OF  SECTION  120.07;  OR  MANSLAUGHTER IN THE FIRST DEGREE AS
DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS CHAPTER, committed
before he has reached the age of  sixteen,  shall,  if  it  exceeds  ten
years, be deemed to be ten years. If consecutive indeterminate sentences
imposed  upon  a  juvenile  offender  include a sentence for the class A
felony of arson in the first degree [or for  the  class  A  felony  of],
kidnapping  in  the first degree, ASSAULT IN THE FIRST DEGREE AS DEFINED
IN SUBDIVISION FIVE OF SECTION 120.10, GANG ASSAULT IN THE FIRST  DEGREE
AS  DEFINED IN SUBDIVISION TWO OF SECTION 120.07, OR MANSLAUGHTER IN THE
FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION  125.20  OF  THIS
CHAPTER,  then the aggregate maximum term of such sentences shall, if it
exceeds  [fifteen]  TWENTY-FIVE  years,  be  deemed  to   be   [fifteen]
TWENTY-FIVE  years.  Where  the  aggregate  maximum  term of two or more
consecutive sentences is reduced by a calculation made pursuant to  this
paragraph,  the  aggregate minimum period of imprisonment, if it exceeds
one-half of the aggregate maximum term as so reduced, shall be deemed to
be one-half of the aggregate maximum term as so reduced.

A. 8382                             4

  S 9. Subdivision 4 of section 180.75 of the criminal procedure law, as
amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
follows:
  4.  Notwithstanding  the  provisions  of subdivisions two and three of
this section, a local criminal  court  shall,  at  the  request  of  the
district  attorney, order removal of an action against a juvenile offen-
der to the family court pursuant to  the  provisions  of  article  seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria  specified  in subdivision two of section 210.43 of this chapter, it
is determined that to do so  would  be  in  the  interests  of  justice.
Where,  however, the felony complaint charges the juvenile offender with
murder in the second degree as defined in section 125.25  of  the  penal
law,  rape  in the first degree as defined in subdivision one of section
130.35 of the penal law, criminal sexual act  in  the  first  degree  as
defined  in  subdivision one of section 130.50 of the penal law, [or] an
armed felony as defined in paragraph (a)  of  subdivision  forty-one  of
section  1.20 of this chapter, ASSAULT IN THE FIRST DEGREE AS DEFINED IN
SUBDIVISION FIVE OF SECTION 120.10 OF THE PENAL LAW, GANG ASSAULT IN THE
FIRST DEGREE AS DEFINED IN SUBDIVISION TWO  OF  SECTION  120.07  OF  THE
PENAL LAW, OR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION
FIVE  OF  SECTION  125.20  OF  THE  PENAL LAW, a determination that such
action be removed to the family court shall, in addition, be based  upon
a  finding  of  one  or  more  of  the following factors: (i) mitigating
circumstances that bear directly upon the manner in which the crime  was
committed;  or  (ii) where the defendant was not the sole participant in
the crime, the defendant's participation was relatively  minor  although
not  so  minor  as  to constitute a defense to the prosecution; or (iii)
possible deficiencies in proof of the crime.
  S 10. This act shall take effect immediately; provided that the amend-
ments to paragraph (f) of subdivision 1 of section 70.30  of  the  penal
law,  made  by section seven of this act shall be subject to the expira-
tion and reversion of such paragraph  pursuant  to  subdivision  (d)  of
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section eight of this act shall take effect.

co-Sponsors

View additional co-sponsors

2013-A8382A (ACTIVE) - Details

See Senate Version of this Bill:: S6283
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.10, 120.07, 125.20, 10.00, 70.05 & 70.30, Pen L; amd §§720.10 & 180.75, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A2024, S1870
2017-2018: S2500
2019-2020: S370
2021-2022: S233
2023-2024: S477

2013-A8382A (ACTIVE) - Summary

Relates to certain assault crimes wherein a person is aided or encouraged to strike the victim in the head and cause unconsciousness.

2013-A8382A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8382--A

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of  A. TEDISCO, ROSA, SKARTADOS, BORELLI, PALMESANO,
  BARCLAY, McLAUGHLIN, McDONOUGH, DIPIETRO, CROUCH, LALOR, RAIA --  read
  once  and  referred to the Committee on Codes -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to assault or aiding or encouraging assault

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4  of  section  120.10  of the penal law, as
amended by chapter 791 of the laws of 1967, is amended and a new  subdi-
vision 5 is added to read as follows:
  4.  In the course of and in furtherance of the commission or attempted
commission of a felony or of immediate flight therefrom, he OR  SHE,  or
another participant if there be any, causes serious physical injury to a
person other than one of the participants[.]; OR
  5. BEING FOURTEEN YEARS OF AGE OR MORE AND WITH THE INTENT TO CAUSE AN
UNSUSPECTING  PERSON  TO BE RENDERED UNCONSCIOUS, HE OR SHE STRIKES SUCH
PERSON ON THE HEAD, OR HE OR SHE AIDS OR ENCOURAGES ANOTHER  PARTICIPANT
TO  STRIKE  SUCH  PERSON ON THE HEAD, CAUSING PHYSICAL INJURY OR SERIOUS
PHYSICAL INJURY TO SUCH PERSON.
  S 2. Section 120.07 of the penal law, as added by chapter 647  of  the
laws of 1996, is amended to read as follows:
S 120.07 Gang assault in the first degree.
  A person is guilty of gang assault in the first degree when[,]:
  1.  with intent to cause serious physical injury to another person and
when aided by two or more other  persons  actually  present,  he  causes
serious physical injury to such person or to a third person[.]; OR
  2.  BEING  FOURTEEN  YEARS OLD OR MORE AND WITH THE INTENT TO CAUSE AN
UNSUSPECTING PERSON TO BE RENDERED UNCONSCIOUS, AND  WHEN  AIDED  BY  OR
ENCOURAGED  BY  TWO  OR  MORE  OTHER PERSONS ACTUALLY PRESENT, HE OR SHE
STRIKES SUCH PERSON ON THE HEAD, OR HE OR SHE AIDS OR ENCOURAGES ANOTHER
PARTICIPANT TO STRIKE SUCH PERSON ON THE HEAD, CAUSING  PHYSICAL  INJURY
OR SERIOUS PHYSICAL INJURY TO SUCH PERSON.

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

                                                           LBD13180-05-4

A. 8382--A                          2

  Gang assault in the first degree is a class B felony.
  S  3.  Subdivision  4  of section 125.20 of the penal law, as added by
chapter 477 of the laws of 1990, is amended and a new subdivision  5  is
added to read as follows:
  4.  Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant  recklessly
engages in conduct which creates a grave risk of serious physical injury
to such person and thereby causes the death of such person[.]; OR
  5. BEING FOURTEEN YEARS OF AGE OR MORE AND WITH THE INTENT TO CAUSE AN
UNSUSPECTING  PERSON  TO BE RENDERED UNCONSCIOUS, HE OR SHE STRIKES SUCH
PERSON ON THE HEAD, OR HE OR SHE AIDS OR ENCOURAGES ANOTHER  PARTICIPANT
TO STRIKE SUCH PERSON ON THE HEAD, CAUSING THE DEATH OF SUCH PERSON.
  S  4. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
  (a) the conviction to be replaced by a youthful  offender  finding  is
for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20, except as provided  in
subdivision  three  OF  THIS SECTION, or (iii) rape in the first degree,
criminal sexual act in the first degree,  or  aggravated  sexual  abuse,
except as provided in subdivision three OF THIS SECTION, OR (IV) ASSAULT
IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION 120.10 OF
THE PENAL LAW, OR (V) GANG ASSAULT IN THE FIRST  DEGREE  AS  DEFINED  IN
SUBDIVISION TWO OF SECTION 120.07 OF THE PENAL LAW, OR (VI) MANSLAUGHTER
IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF
THE PENAL LAW, or
  S 5. Subdivision 18 of section 10.00 of the penal law, as  amended  by
chapter 7 of the laws of 2007, is amended to read as follows:
  18.  "Juvenile  offender" means (1) a person thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or such conduct as a sexually motivated felony, where authorized  pursu-
ant to section 130.91 of [the penal law] THIS CHAPTER; and
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is  one  for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in  the  first  degree);
subdivisions  one  [and], two AND FIVE of section 120.10 (assault in the
first degree); SUBDIVISION TWO OF SECTION 120.07 (GANG  ASSAULT  IN  THE
FIRST  DEGREE);  125.20 (manslaughter in the first degree); subdivisions
one and two of section 130.35 (rape in the first  degree);  subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
the  first  degree);  subdivision  two of section 160.10 (robbery in the
second degree) of this chapter; or section 265.03 of this chapter, where
such machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen  of  section  220.00  of  this
chapter;  or  defined  in this chapter as an attempt to commit murder in
the second degree or kidnapping in the first degree, or such conduct  as
a sexually motivated felony, where authorized pursuant to section 130.91
of [the penal law] THIS CHAPTER.

A. 8382--A                          3

  S  6. Section 70.05 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE A
JUVENILE OFFENDER IS CONVICTED OF ASSAULT IN THE FIRST DEGREE AS DEFINED
IN  SUBDIVISION FIVE OF SECTION 120.10; GANG ASSAULT IN THE FIRST DEGREE
AS DEFINED IN SUBDIVISION TWO OF SECTION 120.07; OR MANSLAUGHTER IN  THE
FIRST  DEGREE  AS  DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS
CHAPTER, SUCH OFFENDER SHALL BE SENTENCED PURSUANT TO SECTION  70.02  OF
THIS  ARTICLE;  PROVIDED,  THAT THE PROVISIONS OF THIS SUBDIVISION SHALL
ONLY APPLY TO JUVENILE OFFENDERS OVER THIRTEEN YEARS OLD.
  S 7. Paragraph (f) of subdivision 1 of section 70.30 of the penal law,
as added by chapter 481 of the laws of 1978 and relettered by chapter  3
of the laws of 1995, is amended to read as follows:
  (f) The aggregate maximum term of consecutive sentences imposed upon a
juvenile  offender for two or more crimes, not including a class A felo-
ny,  OR ASSAULT IN THE FIRST DEGREE AS DEFINED IN  SUBDIVISION  FIVE  OF
SECTION  120.10, GANG ASSAULT IN THE FIRST DEGREE AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 120.07, OR  MANSLAUGHTER  IN  THE  FIRST  DEGREE  AS
DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS CHAPTER, committed
before  he  has  reached  the  age  of sixteen, shall, if it exceeds ten
years, be deemed to be ten years. If consecutive indeterminate sentences
imposed upon a juvenile offender include a  sentence  for  the  class  A
felony  of  arson  in  the  first degree [or for the class A felony of],
kidnapping in the first degree, ASSAULT IN THE FIRST DEGREE  AS  DEFINED
IN  SUBDIVISION FIVE OF SECTION 120.10, GANG ASSAULT IN THE FIRST DEGREE
AS DEFINED IN SUBDIVISION TWO OF SECTION 120.07, OR MANSLAUGHTER IN  THE
FIRST  DEGREE  AS  DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS
CHAPTER, then the aggregate maximum term of such sentences shall, if  it
exceeds   [fifteen]   TWENTY-FIVE  years,  be  deemed  to  be  [fifteen]
TWENTY-FIVE years. Where the aggregate  maximum  term  of  two  or  more
consecutive  sentences is reduced by a calculation made pursuant to this
paragraph, the aggregate minimum period of imprisonment, if  it  exceeds
one-half of the aggregate maximum term as so reduced, shall be deemed to
be one-half of the aggregate maximum term as so reduced.
  S 8. Paragraph (d) of subdivision 1 of section 70.30 of the penal law,
as  added  by  chapter  481  of  the laws of 1978, is amended to read as
follows:
  (d) The aggregate maximum term of consecutive sentences imposed upon a
juvenile offender for two or  more  crimes,  not  including  a  class  A
felony,  ASSAULT  IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF
SECTION 120.10; GANG ASSAULT IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
SION  TWO  OF  SECTION  120.07;  OR  MANSLAUGHTER IN THE FIRST DEGREE AS
DEFINED IN SUBDIVISION FIVE OF SECTION 125.20 OF THIS CHAPTER, committed
before he has reached the age of  sixteen,  shall,  if  it  exceeds  ten
years, be deemed to be ten years. If consecutive indeterminate sentences
imposed  upon  a  juvenile  offender  include a sentence for the class A
felony of arson in the first degree [or for  the  class  A  felony  of],
kidnapping  in  the first degree, ASSAULT IN THE FIRST DEGREE AS DEFINED
IN SUBDIVISION FIVE OF SECTION 120.10, GANG ASSAULT IN THE FIRST  DEGREE
AS  DEFINED IN SUBDIVISION TWO OF SECTION 120.07, OR MANSLAUGHTER IN THE
FIRST DEGREE AS DEFINED IN SUBDIVISION FIVE OF SECTION  125.20  OF  THIS
CHAPTER,  then the aggregate maximum term of such sentences shall, if it
exceeds  [fifteen]  TWENTY-FIVE  years,  be  deemed  to   be   [fifteen]
TWENTY-FIVE  years.  Where  the  aggregate  maximum  term of two or more
consecutive sentences is reduced by a calculation made pursuant to  this
paragraph,  the  aggregate minimum period of imprisonment, if it exceeds

A. 8382--A                          4

one-half of the aggregate maximum term as so reduced, shall be deemed to
be one-half of the aggregate maximum term as so reduced.
  S 9. Subdivision 4 of section 180.75 of the criminal procedure law, as
amended  by  chapter  264  of  the  laws  of 2003, is amended to read as
follows:
  4. Notwithstanding the provisions of subdivisions  two  and  three  of
this  section,  a  local  criminal  court  shall,  at the request of the
district attorney, order removal of an action against a juvenile  offen-
der  to  the  family  court  pursuant to the provisions of article seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria specified in subdivision two of section 210.43 of this  chapter,  it
is  determined  that  to  do  so  would  be in the interests of justice.
Where, however, the felony complaint charges the juvenile offender  with
murder  in  the  second degree as defined in section 125.25 of the penal
law, rape in the first degree as defined in subdivision one  of  section
130.35  of  the  penal  law,  criminal sexual act in the first degree as
defined in subdivision one of section 130.50 of the penal law,  [or]  an
armed  felony  as  defined  in paragraph (a) of subdivision forty-one of
section 1.20 of this chapter, ASSAULT IN THE FIRST DEGREE AS DEFINED  IN
SUBDIVISION FIVE OF SECTION 120.10 OF THE PENAL LAW, GANG ASSAULT IN THE
FIRST  DEGREE  AS  DEFINED  IN  SUBDIVISION TWO OF SECTION 120.07 OF THE
PENAL LAW, OR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION
FIVE OF SECTION 125.20 OF THE  PENAL  LAW,  a  determination  that  such
action  be removed to the family court shall, in addition, be based upon
a finding of one or  more  of  the  following  factors:  (i)  mitigating
circumstances  that bear directly upon the manner in which the crime was
committed; or (ii) where the defendant was not the sole  participant  in
the  crime,  the defendant's participation was relatively minor although
not so minor as to constitute a defense to  the  prosecution;  or  (iii)
possible deficiencies in proof of the crime.
  S 10. This act shall take effect immediately; provided that the amend-
ments  to  paragraph  (f) of subdivision 1 of section 70.30 of the penal
law, made by section seven of this act shall be subject to  the  expira-
tion  and  reversion  of  such  paragraph pursuant to subdivision (d) of
section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
date the provisions of section eight of this act shall take effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A8382A

Share this bill

Sponsored By

TEDISCO

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Gabriela Rosa

Frank Skartados

Joseph Borelli

Philip Palmesano

2013-A8382 - Details

2013-A8382 - Summary

2013-A8382 - Bill Text download pdf

co-Sponsors

Frank Skartados

Joseph Borelli

Philip Palmesano

William A. Barclay

2013-A8382A (ACTIVE) - Details

2013-A8382A (ACTIVE) - Summary

2013-A8382A (ACTIVE) - Bill Text download pdf

Comments