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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 08, 2014 |
referred to codes |
| Jan 09, 2013 |
referred to codes |
Senate Bill S1409
2013-2014 Legislative Session
Raises the age of criminal responsibility to eighteen; repealer
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(D, WF) Senate District
(D, WF) 47th Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D) 10th Senate District
(D, WF) Senate District
2013-S1409 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Rpld §725.20 sub 2 ¶(f), amd CP L, generally; amd §§507-d & 530, Exec L; amd §§117, 158, 301.2, 305.1, 305.2, 311.1 & 352.2, add §§325.5 & 353.7, Fam Ct Act; amd §§10.00, 30.00. 60.10, 70.05 & 70.30, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S7020
2015-2016: S1019
2017-2018: S4121
2013-S1409 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1409
TITLE OF BILL:
An act
to amend the
criminal procedure law,
the executive law, the family court act and the penal law,
in relation to raising the age of criminal
responsibility; and to repeal certain provisions of the
criminal procedure law, relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
The bill amends and enacts various provisions of law to raise the age
of adult criminal responsibility from sixteen to eighteen so that
youth who are charged with a crime may be treated in a more age
appropriate manner. The changes implemented in the bill reflect the
evidence that the current system has not been effective in deterring
and preventing future crime, while maintaining a mechanism that
youth, on a case by case basis, may be tried in adult criminal court
when the circumstances warrant.
SUMMARY OF SPECIFIC PROVISIONS:
Sections one through fifteen amend the Criminal Procedure Law. These
amendments make conforming changes necessary to raise the age of
adult criminal responsibility in New York from 16 years of age to 18
years of age. Section one provides that a youth age 13, 14 or 15 may
still be prosecuted for certain serious crimes as a "juvenile
offender" in adult court; amendments provide that 16 and 17 year olds
charged with these crimes, now charged as adults, would be subject to
prosecution as "juvenile offenders" in adult court, with the option
to be "waived down," in appropriate circumstances, by court order to
Family Court.
Section nine amends CPL § 330.25 concerning removal after verdict to
the Family Court The amended statute would allow the adult court to
order post-verdict removal to the Family Court -- except where the 13
- 17 year old stands convicted of murder after hearing from the
parties, but would not require prosecutorial consent.
Sections eleven through thirteen make related changes to CPL Art. 725
regarding "youthful offender" adjudications. These changes raise from
nineteen to twenty the maximum age at which an eligible youth may
have a youthful offender adjudication substituted for an eligible
conviction in the adult court.
Section fourteen creates a new Article 726 of the Criminal Procedure
Law, "Removal of Proceedings Against an Alleged Juvenile Delinquent
from Family Court to a Superior Court" Under the bill, "juvenile
offender" proceedings against children age 13-15 would originate in
Family Court and be subject to a court-ordered "waiver up" to adult
court. This brief new article provides procedures for the adult court
to follow when such a "waiver up" to adult court has been ordered. To
assure that the transferred proceeding will be handled promptly by a
court of record, the case upon transfer will be heard by a superior
court (i.e., County Court or Supreme Court).
Sections fifteen and sixteen amend the Executive Law to authorize
juvenile detention centers and facilities maintained by the Office of
Children and Family Services to maintain custody of youths under age
eighteen.
Sections seventeen through twenty-five amend Article Three of the
Family Court Act. These changes include: (a) providing that all
charges against 13-15 year olds will originate in Family Court
subject, in the case of "juvenile offender" crimes, to a
court-ordered "waiver up" to adult court; (b) authorizing the Family
Court to hear, by original petition charges alleging crimes and
offenses that are not "juvenile offenses" and are brought against
persons who were 16 or 17 years of age at the time of the alleged
unlawful acts; (c)authorizing the Family Court to hear "juvenile
offender" cases against 16 and 17 year olds waived down ("removed")
from adult court, in the same mariner that Court may presently hear
removed and original cases against 13-15 year olds; and (d)
authorizing the Family Court to impose fines, surcharges and driver
license sanctions against youths under age 18 in the same manner as
may presently be done by the adult courts. Bill section seventeen
provides for the designation of one or more "violation and traffic
infraction parts" where such cases involving youths could be heard in
the Family Court.
Bill sections twenty-six through thirty-two make conforming changes to
the Penal Law. These amendments include: (a) providing a defense of
infancy in the adult courts except for (i) "juvenile offender"
proceedings against 16-17 year olds; and (ii) "juvenile offender"
proceedings against 13-15 year olds whose cases have been removed to
the adult court from the Family Court; and (b) maintaining maximum
indeterminate sentences, including available life sentences, for
16-17 year olds but adjusting minimum indeterminate terms and non-class
P.provisions to conform to those currently applicable to 13-15 year olds
Section thirty-two is the severability clause; section thirty-three
provides that the bill will take effect eighteen months after it is
signed into law.
JUSTIFICATION:
New York is one of only two states (New York and North Carolina) to
mandate that all youth aged sixteen and seventeen, charged with any
offense, be prosecuted and sentenced in adult criminal court. While
many other states have reconsidered this issue in light of new
evidence on child development and cognitive thinking (including North
Carolina which has taken steps to begin the process of reform), New
York's very young age of adult responsibility has remained unchanged
for decades. Additionally, youth as young as thirteen or fourteen in
some cases are tried in the adult criminal court system under New
York's "Juvenile Offender" law.
Several studies have shown that treating minors as adults in the
criminal justice system is often counterproductive in rehabilitating
the youth and ineffective in preventing future criminal acts.
Research has shown that children's brains do not fully develop until
after the age of eighteen, and youths who engage in criminal conduct
often do not have the same level of understanding of their actions as
adults.
In 2005, the United States Supreme Court ruled that states may not
impose the death penalty for crimes committed by persons under the
age of eighteen, citing evidence that minors are less mentally
culpable for their actions than adults and further, that minors have
a greater chance of rehabilitation. Additionally, studies have shown
that the penalties and longer sentences often imposed by adult
criminal Courts do not reduce the recidivism rate of youth who commit
crimes, compared to similarly situated youth who are adjudicated in a
juvenile court system. The services and alternative to detention
programs available in Family Court can help meet the specific needs
of each youth, including treatment for mental health and substance
abuse, often at lower cost
There are significant and sometimes lifelong implications for young
people adjudicated in the criminal court system, which extend into
the areas of education and employment, including earning potential.
Only about one-third of young adults returning from prison in New
York return to school, and studies have shown that those who do not
have a high school diploma are more likely to be unemployed and more
likely to be recipients of public assistance. Further, the ability to
obtain and keep employment can be difficult for those with criminal
records. Additionally, studies have shown that youth who were
adjudicated in the criminal Court system see a much lower earning
potential than youth who were adjudicated in the juvenile court system.
In addition to potentially improving the lives and future of New
York's troubled youth, the state could also realize real cost savings
in treating many of those under the age of eighteen as juveniles as
opposed to treating all persons sixteen and older as adults. Many
states that have shifted younger persons out of criminal court and
into the juvenile or family court system have seen tremendous savings
due in part to the lower cost of community-based alternatives, as
well as the reduced recidivism rate of these youth. Of course, fewer
victims in the future also means a safer society, and less spending
on victim services.
New York should adjust this aspect of its juvenile justice system to
reflect the better understanding We now have of youth accused of
crimes. We now know the potential that some of these youths have for
redemption and the possibility to become productive members of society.
This bill preserves the jurisdiction of the adult courts to try
persons 13, 14, 15, 16 or 17 years old for "juvenile offender"
crimes. But for less serious crimes, and for "JO" crimes that can
best be handled in Family Court, this bill brings about a necessary
reform.
PRIOR LEGISLATIVE HISTORY:
2011-2012: S.7020 - Died in Committee
FISCAL IMPLICATIONS:
There will be additional costs to the Family Court but these will be
offset by savings in the criminal courts.
EFFECTIVE DATE:
This act shall take effect 18 months after it shall have become a law.
2013-S1409 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1409
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON, PARKER -- read twice
and ordered printed, and when printed to be committed to the Committee
on Codes
AN ACT to amend the criminal procedure law, the executive law, the fami-
ly court act and the penal law, in relation to raising the age of
criminal responsibility; and to repeal certain provisions of the crim-
inal procedure law, relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 42 of section 1.20 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
42. "Juvenile offender" means, WHERE PROSECUTION IS AUTHORIZED BY LAW,
INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THIS CHAPTER AND SECTION
325.5 OF THE FAMILY COURT ACT: (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 the penal
law, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a person fourteen
[or], fifteen, SIXTEEN, OR SEVENTEEN years old who is criminally respon-
sible 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 of section 120.10 (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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04048-01-3
S. 1409 2
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 the penal law; or section 265.03 of the penal law,
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
the penal law; or defined in the penal law 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.
S 2. Paragraphs (a) and (b) of subdivision 3 and subdivision 5 of
section 180.75 of the criminal procedure law, paragraph (a) of subdivi-
sion 3 as added by chapter 481 of the laws of 1978, paragraph (b) of
subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi-
sion 5 as added by chapter 411 of the laws of 1979, are amended to read
as follows:
(a) If there is reasonable cause to believe that the defendant commit-
ted a crime for which a person under the age of [sixteen] EIGHTEEN is
criminally responsible, the court must order that the defendant be held
for the action of a grand jury of the appropriate superior court, and it
must promptly transmit to such superior court the order, the felony
complaint, the supporting depositions and all other pertinent documents.
Until such papers are received by the superior court, the action is
deemed to be still pending in the local criminal court; or
(b) If there is not reasonable cause to believe that the defendant
committed a crime for which a person under the age of [sixteen] EIGHTEEN
is criminally responsible but there is reasonable cause to believe that
the defendant is a "juvenile delinquent" as defined in subdivision one
of section 301.2 of the family court act, the court must specify the act
or acts it found reasonable cause to believe the defendant did and
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter; or
5. Notwithstanding the provisions of subdivision two, three, or four,
if a currently undetermined felony complaint against a juvenile offender
is pending in a local criminal court, and the defendant has not waived a
hearing pursuant to subdivision two and a hearing pursuant to subdivi-
sion three has not commenced, the defendant may move in the superior
court which would exercise the trial jurisdiction of the offense or
offenses charged were an indictment therefor to result, to remove the
action to family court. The procedural rules of subdivisions one and two
of section 210.45 of this chapter are applicable to a motion pursuant to
this subdivision. Upon such motion, the superior court shall be author-
ized to sit as a local criminal court to exercise the preliminary juris-
diction specified in subdivisions two and three of this section, and
shall proceed and determine the motion as provided in section 210.43 of
this chapter[; provided, however, that the exception provisions of para-
graph (b) of subdivision one of such section 210.43 shall not apply when
there is not reasonable cause to believe that the juvenile offender
committed one or more of the crimes enumerated therein, and in such
event the provisions of paragraph (a) thereof shall apply].
S 3. Subdivisions (a), (b) and (c) of section 190.71 of the criminal
procedure law, subdivision (a) as amended by chapter 7 of the laws of
2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of
1978, are amended to read as follows:
(a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
S. 1409 3
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person fourteen
[or], fifteen, SIXTEEN OR SEVENTEEN years of age for any conduct or
crime other than conduct constituting a crime 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 responsi-
ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
degree); subdivisions one and two of section 120.10 (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 the penal law; [subdivision four of section 265.02 of
the penal law, where such firearm is possessed on school grounds, as
that phrase is defined in subdivision fourteen of section 220.00 of the
penal law;] or section 265.03 of the penal law, 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 the penal law; or
defined in the penal law 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.
(b) A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person thirteen, fourteen [or], fifteen,
SIXTEEN OR SEVENTEEN years of age did an act which, if done by a person
over the age of [sixteen] EIGHTEEN, would constitute a crime provided
(1) such act is one for which it may not indict; (2) it does not indict
such person for a crime; and (3) the evidence before it is legally
sufficient to establish that such person did such act and competent and
admissible evidence before it provides reasonable cause to believe that
such person did such act.
(c) Upon voting to remove a charge to the family court pursuant to
subdivision (b) of this section, the grand jury must, through its fore-
man or acting foreman, file a request to transfer such charge to the
family court. Such request shall be filed with the court by which it was
impaneled. It must (1) allege that a person named therein did any act
which, if done by a person over the age of [sixteen] EIGHTEEN, would
constitute a crime; (2) specify the act and the time and place of its
commission; and (3) be signed by the foreman or the acting foreman.
S 4. Subdivision 6 of section 200.20 of the criminal procedure law, as
added by chapter 136 of the laws of 1980, is amended to read as follows:
6. Where an indictment charges at least one offense against a defend-
ant who was under the age of [sixteen] EIGHTEEN at the time of the
commission of the crime and who did not lack criminal responsibility for
such crime by reason of infancy, the indictment may, in addition, charge
in separate counts one or more other offenses for which such person
would not have been criminally responsible by reason of infancy, if:
(a) the offense for which the defendant is criminally responsible and
the one or more other offenses for which he would not have been crimi-
nally responsible by reason of infancy are based upon the same act or
S. 1409 4
upon the same criminal transaction, as that term is defined in subdivi-
sion two of section 40.10 of this chapter; or
(b) the offenses are of such nature that either proof of the first
offense would be material and admissible as evidence in chief upon a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
S 5. Subdivision 5 of section 210.20 of the criminal procedure law, as
added by chapter 136 of the laws of 1980, is amended to read as follows:
5. If the court dismisses one or more counts of an indictment, against
a defendant who was under the age of [sixteen] EIGHTEEN at the time of
the commission of the crime and who did not lack criminal responsibility
for such crime by reason of infancy, and one or more other counts of the
indictment having been joined in the indictment solely with the
dismissed count pursuant to subdivision six of section 200.20 is not
dismissed, the court must direct that such count be removed to the fami-
ly court in accordance with article seven hundred twenty-five of this
chapter.
S 6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
(b) [with the consent of the district attorney,] order removal of an
action involving an indictment charging a 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, to
the family court pursuant to the provisions of article seven hundred
twenty-five of this chapter if the court finds one or more of the
following factors: (i) mitigating circumstances that bear directly upon
the manner in which the crime was committed; (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 the proof of the
crime, and, after consideration of the factors set forth in subdivision
two of this section, the court determined that removal of the action to
the family court would be in the interests of justice.
S 7. Subparagraphs (i), (iii) and the second undesignated paragraph of
paragraph (g) of subdivision 5 of section 220.10 of the criminal proce-
dure law, subparagraph (i) as amended by chapter 410 of the laws of
1979, subparagraph (iii) as amended by chapter 264 of the laws of 2003
and the second undesignated paragraph as amended by chapter 920 of the
laws of 1982, are amended to read as follows:
(i) If the indictment charges a person fourteen [or] fifteen, SIXTEEN
OR SEVENTEEN years old with the crime of murder in the second degree any
plea of guilty entered pursuant to subdivision three or four must be a
plea of guilty of a crime for which the defendant is criminally respon-
sible;
(iii) Where the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best be
served by removal of the action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder in the
second degree, or a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN year
S. 1409 5
old with the crimes of rape in the first degree as defined in subdivi-
sion one of section 130.35 of the penal law, or 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 specific factors, one or more
of which reasonably supports the recommendation, showing, (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, that 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, or (iv) where the
juvenile offender has no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section 301.2
of the family court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part of a
pattern of criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
If the court is of the opinion [based on specific factors set forth in
the district attorney's memorandum] that the interests of justice would
best be served by removal of the action to the family court, a plea of
guilty of a crime or act for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of this
section, except that a thirteen year old charged with the crime of
murder in the second degree may only plead to a designated felony act,
as defined in subdivision eight of section 301.2 of the family court
act.
S 8. Subdivision 5 of section 300.50 of the criminal procedure law,
as added by chapter 481 of the laws of 1978, is amended to read as
follows:
5. Where the indictment charges a crime committed by the defendant
while he OR SHE was under the age of [sixteen] EIGHTEEN but a lesser
included offense would be one for which the defendant is not criminally
responsible by reason of infancy, such lessor included offense may
nevertheless be submitted to the jury in the same manner as an offense
for which the defendant would be criminally responsible notwithstanding
the fact that a verdict of guilty would not result in a criminal
conviction.
S 9. Section 330.25 of the criminal procedure law, as added by chapter
481 of the laws of 1978, and subdivision 2 as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
S 330.25 Removal after verdict.
1. Where a defendant is a juvenile offender who does not stand
convicted of murder in the second degree, upon motion [and with the
consent of the district attorney], the action may be removed to the
family court in the interests of justice pursuant to article seven
hundred twenty-five of this chapter notwithstanding the verdict.
2. [If the district attorney consents to the motion for removal pursu-
ant to this section, he shall file a subscribed memorandum with the
court setting forth (1) a recommendation that] IN DETERMINING THE
MOTION, THE COURT SHALL CONSIDER: (1) WHETHER the interests of justice
would best be served by removal of the action to the family court; and
(2) if the conviction is of an offense set forth in paragraph (b) of
subdivision one of section 210.43 of this chapter, WHETHER specific
factors EXIST, one or more of which reasonably [support] SUPPORTS the
[recommendation] MOTION, showing, (i) mitigating circumstances that bear
directly upon the manner in which the crime was committed, or (ii) where
S. 1409 6
the defendant was not the sole participant in the crime, that the
defendant's participation was relatively minor although not so minor as
to constitute a defense to prosecution, or (iii) where the juvenile
offender has no previous adjudications of having committed a designated
felony act, as defined in subdivision eight of section 301.2 of the
family court act, regardless of the age of the offender at the time of
commission of the act, that the criminal act was not part of a pattern
of criminal behavior and, in view of the history of the offender, is not
likely to be repeated.
3. If the court is of the opinion, based upon the specific factors
[set forth in the district attorney's memorandum] SHOWN TO THE COURT,
that the interests of justice would best be served by removal of the
action to the family court, the verdict shall be set aside and a plea of
guilty of a crime or act for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of
section 220.10 of this chapter. Upon accepting any such plea, the court
must specify upon the record the [portion or portions of the district
attorney's statement] FACTORS the court is relying upon as the basis of
its opinion and that it believes the interests of justice would best be
served by removal of the proceeding to the family court. Such plea
shall then be deemed to be a juvenile delinquency fact determination and
the court upon entry thereof must direct that the action be removed to
the family court in accordance with the provisions of article seven
hundred twenty-five of this chapter.
S 10. Section 510.15 of the criminal procedure law, as amended by
chapter 411 of the laws of 1979, subdivision 1 as designated and subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15 Commitment of principal under [sixteen] EIGHTEEN.
1. When a principal who is under the age of [sixteen] EIGHTEEN is
committed to the custody of the sheriff the court must direct that the
principal be taken to and lodged in a place certified by the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juve-
nile detention facility for the reception of children. Where such a
direction is made the sheriff shall deliver the principal in accordance
therewith and such person shall although lodged and cared for in a juve-
nile detention facility continue to be deemed to be in the custody of
the sheriff. No principal under the age of [sixteen] EIGHTEEN to whom
the provisions of this section may apply shall be detained in any pris-
on, jail, lockup, or other place used for adults convicted of a crime or
under arrest and charged with the commission of a crime without the
approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each principal and the statement of its reasons
therefor. The sheriff shall not be liable for any acts done to or by
such principal resulting from negligence in the detention of and care
for such principal, when the principal is not in the actual custody of
the sheriff.
2. Except upon consent of the defendant or for good cause shown, in
any case in which a new securing order is issued for a principal previ-
ously committed to the custody of the sheriff pursuant to this section,
such order shall further direct the sheriff to deliver the principal
from a juvenile detention facility to the person or place specified in
the order.
S 11. Subdivision 1 of section 720.10 of the criminal procedure law,
as amended by chapter 411 of the laws of 1979, is amended to read as
follows:
S. 1409 7
1. "Youth" means a person charged with a crime alleged to have been
committed when he was at least [sixteen] EIGHTEEN years old and less
than [nineteen] TWENTY years old or a person charged with being a juve-
nile offender as defined in subdivision forty-two of section 1.20 of
this chapter.
S 12. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
S 13. Paragraph (e) of subdivision 2 of section 725.20 of the criminal
procedure law, as amended by chapter 411 of the laws of 1979, is amended
to read as follows:
(e) Where the direction is one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion of the minutes
containing the statement by the court pursuant to paragraph [(a)] A of
subdivision five of section 210.43; AND
S 14. The criminal procedure law is amended by adding a new article
726 to read as follows:
ARTICLE 726
REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED
JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT
SECTION 726.00 APPLICABILITY.
726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
S 726.00 APPLICABILITY.
THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A COURT DIRECTS
THAT AN ACTION OR CHARGE BROUGHT BY A JUVENILE DELINQUENCY PETITION,
PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT, AGAINST A JUVENILE
OFFENDER WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF
SUCH OFFENSE, IS TO BE REMOVED FROM FAMILY COURT TO A SUPERIOR CRIMINAL
COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT.
S 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
1. WHEN A FAMILY COURT DIRECTS THAT AN ACTION OR CHARGE BROUGHT
AGAINST A JUVENILE OFFENDER BY A JUVENILE DELINQUENCY PETITION PURSUANT
TO ARTICLE THREE OF THE FAMILY COURT ACT BE REMOVED FROM FAMILY COURT TO
A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT
ACT, THE DISTRICT ATTORNEY WHO REQUESTED SUCH REMOVAL SHALL PROMPTLY
FILE SUCH REMOVAL ORDER AND THE APPROPRIATE CHARGING DOCUMENTS WITH THE
SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURISDICTION OVER SUCH
OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO RESULT.
2. FOLLOWING THE GRANTING OF SUCH AN ORDER OF REMOVAL, THE JUVENILE
SHALL BE BROUGHT FORTHWITH AND WITH ALL REASONABLE SPEED BEFORE THE
APPROPRIATE SUPERIOR CRIMINAL COURT FOR APPROPRIATE PROCEEDINGS. FOR
PURPOSES OF THIS SECTION, A JUDGE OR JUSTICE OF A SUPERIOR COURT SHALL
PRESIDE OVER SUCH PROCEEDINGS AS SUCH A JUDGE OR JUSTICE OF THE SUPERIOR
CRIMINAL COURT, OR AS A LOCAL CRIMINAL COURT, AS APPROPRIATE.
3. THE SUPERIOR CRIMINAL COURT MUST ASSUME JURISDICTION AND PROCEED AS
THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND TO THE EXTENT PROVIDED BY
LAW.
4. UPON THE FILING OF AN ORDER OF REMOVAL IN THE SUPERIOR CRIMINAL
COURT, THE FAMILY COURT ARTICLE THREE ACTION UPON WHICH THE ORDER IS
BASED SHALL BE TERMINATED AND THERE SHALL BE NO FURTHER PROCEEDINGS IN
THE FAMILY COURT WITH RESPECT TO THE OFFENSE, UNLESS SUCH ACTION IS
REMOVED BACK TO THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER. ALL FURTHER
PROCEEDINGS INCLUDING MOTIONS AND APPEALS SHALL BE IN ACCORDANCE WITH
LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE ALL FIND-
INGS, DETERMINATIONS, VERDICTS AND ORDERS, OTHER THAN THE ORDER OF
S. 1409 8
REMOVAL, SHALL BE DEEMED TO HAVE BEEN MADE BY THE SUPERIOR CRIMINAL
COURT.
S 15. Section 507-d of the executive law, as amended by chapter 465 of
the laws of 1992, is amended to read as follows:
S 507-d. Confinement of juvenile delinquents under sentence of the
courts of the United States. The directors of secure and limited secure
facilities shall receive and safely keep in such facilities, subject to
the provisions of this article, any person not over the age of [sixteen]
EIGHTEEN years convicted of any offense against the United States, and
sentenced to imprisonment by any court of the United States, sitting
within this state, until such sentences be executed, or until such
delinquent shall be discharged by due course of law, conditioned upon
the United States supporting such delinquent and paying the expenses
attendant upon the execution of such sentence.
S 16. Subparagraph 1 of paragraph (a) of subdivision 5 of section 530
of the executive law, as amended by section 5 of subpart B of part Q of
chapter 58 of the laws of 2011, is amended to read as follows:
(1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties certified pursuant to sections seven hundred twenty and 305.2 of
the family court act by the office of children and family services,
pending adjudication of alleged delinquency or alleged need of super-
vision by the family court, or pending transfer to institutions to which
committed or placed by such court or while awaiting disposition by such
court after adjudication or held pursuant to a securing order of a crim-
inal court if the person named therein as principal is under [sixteen]
EIGHTEEN; or,
S 17. Subdivision (b) of section 117 of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
(b) For every juvenile delinquency proceeding under article three
involving an allegation of an act committed by a person which, if done
by an adult, would be a crime (i) defined in sections 125.27 (murder in
the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
ping in the first degree); or 150.20 (arson in the first degree) of the
penal law committed by a person thirteen, fourteen or fifteen years of
age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (ii) defined in
sections 120.10 (assault in the first degree); 125.20 (manslaughter in
the first degree); 130.35 (rape in the first degree); 130.50 (criminal
sexual act in the first degree); 135.20 (kidnapping in the second
degree), but only where the abduction involved the use or threat of use
of deadly physical force; 150.15 (arson in the second degree); or 160.15
(robbery in the first degree) of the penal law committed by a person
thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the first or second degree or
kidnapping in the first degree committed by a person thirteen, fourteen
or fifteen years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30 (burglary in the first degree);
subdivision one of section 140.25 (burglary in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of the
penal law; or section 265.03 of the penal law, 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 the penal law committed by
S. 1409 9
a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (v) defined in section
120.05 (assault in the second degree) or 160.10 (robbery in the second
degree) of the penal law committed by a person fourteen or fifteen years
of age but only where there has been a prior finding by a court that
such person has previously committed an act which, if committed by an
adult, would be the crime of assault in the second degree, robbery in
the second degree or any designated felony act specified in clause (i),
(ii) or (iii) of this subdivision regardless of the age of such person
at the time of the commission of the prior act; or (vi) other than a
misdemeanor, committed by a person at least seven but less than
[sixteen] EIGHTEEN years of age, but only where there has been two prior
findings by the court that such person has committed a prior act which,
if committed by an adult would be a felony:
(i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
proceedings shall be originated in or be transferred to this part from
other parts as they are made known to the court.
(ii) Outside the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every other proceeding
in the court, except proceedings under article ten.
(III) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT ONE OR MORE
"VIOLATION AND TRAFFIC INFRACTION PARTS". SUCH PARTS SHALL HAVE JURIS-
DICTION, OVER ANY OFFENSE THAT IS NOT A FELONY, OR A MISDEMEANOR UNDER
THE PENAL LAW ALLEGEDLY COMMITTED BY A PERSON SIXTEEN OR SEVENTEEN YEARS
OF AGE. NOTHING IN THIS SUBPARAGRAPH SHALL PREVENT A JUDGE PRESIDING
OVER A PROCEEDING CONCERNING SUCH AN OFFENSE, AFTER NOTICE AND AN OPPOR-
TUNITY FOR THE PARTIES TO BE HEARD, FROM TRANSFERRING SUCH PROCEEDING TO
OR CONSOLIDATING SUCH PROCEEDING BEFORE ANOTHER FAMILY COURT JUDGE, IN
THE SAME JURISDICTION, BEFORE WHOM A RELATED PROCEEDING, INVOLVING THE
SAME RESPONDENT, IS PENDING.
S 18. Subdivision (a) of section 158 of the family court act is
amended to read as follows:
(a) The family court may place in protective custody a person under
[sixteen] EIGHTEEN years of age who is a material witness, as provided
by law.
S 19. The family court act is amended by adding a new section 325.5 to
read as follows:
S 325.5. REMOVAL FOR PROCEEDINGS IN A SUPERIOR COURT; CERTAIN ALLEGED
OFFENSES BY YOUTHS AGE THIRTEEN, FOURTEEN OR FIFTEEN. 1. (A) (I)
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF PART FOUR OF THIS ARTICLE,
AT ANY TIME WITHIN TEN DAYS AFTER THE INITIAL APPEARANCE WITH RESPECT TO
A JUVENILE DELINQUENCY PETITION WHICH ALLEGES CONDUCT THAT IS ALSO A
JUVENILE OFFENSE, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF
THE PENAL LAW, AND THAT IS PENDING PURSUANT TO THIS ARTICLE AGAINST A
YOUTH WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME OF
SUCH ALLEGED OFFENSE, IF SUCH RESPONDENT HAS NOT ENTERED AN ADMISSION TO
ALL SUCH JUVENILE OFFENSE COUNTS PURSUANT TO SECTION 321.2 OF THIS PART
THAT HAS BEEN ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT
WAIVED A FACT-FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND
SUCH A FACT-FINDING HEARING HAS NOT OTHERWISE COMMENCED, THE APPROPRIATE
PRESENTMENT AGENCY SHALL, UPON THE WRITTEN REQUEST OF THE DISTRICT
ATTORNEY HAVING GEOGRAPHIC JURISDICTION OVER SUCH ALLEGED OFFENSE,
S. 1409 10
PROMPTLY SERVE AND FILE, IN THE FAMILY COURT IN WHICH SUCH PETITION IS
PENDING, A MOTION SEEKING TO REMOVE SUCH JUVENILE OFFENDER COUNT OR
COUNTS TO THE SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURIS-
DICTION OVER SUCH OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO
RESULT.
(II) SUCH REQUEST BY THE PRESENTMENT AGENCY MAY (IF SOUGHT IN SUCH
DISTRICT ATTORNEY'S WRITTEN REQUEST) INCLUDE A REQUEST TO REMOVE TO THE
SUPERIOR CRIMINAL COURT OTHER SPECIFIED RELATED OFFENSES OF THE TYPE
DESCRIBED IN SUBDIVISION SIX OF SECTION 200.20 OF THE CRIMINAL PROCEDURE
LAW, PROVIDED THAT THE RESPONDENT HAS NOT ENTERED AN ADMISSION TO SUCH
COUNT OR COUNTS PURSUANT TO SECTION 321.2 OF THIS PART THAT HAS BEEN
ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT WAIVED A FACT-
FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND SUCH A FACT-
FINDING HEARING HAS NOT OTHERWISE COMMENCED.
(B) (I) IN ITS MOTION, WHICH SHALL BE IN WRITING, THE PRESENTMENT
AGENCY SHALL SET FORTH THE REASONS FOR THE MOTION FOR REMOVAL, WHICH
SHALL BE STATED IN DETAIL AND NOT IN CONCLUSORY TERMS. THE WRITTEN
REQUEST OF THE DISTRICT ATTORNEY, WHICH MUST ALSO BE STATED IN DETAIL
AND NOT IN CONCLUSORY TERMS, SHALL BE APPENDED TO THE MOTION. SUCH
DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY ACTING ON BEHALF OF
SUCH DISTRICT ATTORNEY, MAY ALSO SERVE AND FILE AN AFFIRMATION IN THE
NATURE OF AN AMICUS CURIAE IN THE FAMILY COURT IN SUPPORT OF SUCH
MOTION.
(II) THE COURT MAY GRANT A HEARING ON THE MOTION AT THE REQUEST OF ANY
PARTY. THE PRESENTMENT AGENCY SHALL HAVE THE BURDEN TO SHOW: (A) AGGRA-
VATING CIRCUMSTANCES THAT BEAR DIRECTLY ON THE MANNER IN WHICH SUCH
CRIME OR CRIMES WERE COMMITTED; AND (B) IF THE RESPONDENT WAS NOT THE
SOLE PARTICIPANT IN SUCH CRIME OR CRIMES, THAT THE RESPONDENT PLAYED A
MAJOR ROLE OR WAS THE DOMINANT PARTICIPANT IN SUCH CRIMES. IF SUCH
BURDEN IS MET, THE COURT MAY GRANT REMOVAL ONLY IF, AFTER CONSIDERING
THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION 210.43 OF THE CRIMI-
NAL PROCEDURE LAW, IT DETERMINES THAT REMOVAL TO A SUPERIOR COURT IS
NECESSARY TO ACCOMPLISH THE PURPOSES SET FORTH IN SECTION 1.05 OF THE
PENAL LAW AND ASSURE A JUST AND FAIR RESULT.
2. (A) IF THE COURT ORDERS REMOVAL OF ALL OR A PORTION OF THE ACTION
TO A SUPERIOR CRIMINAL COURT PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, IT SHALL STATE ON THE RECORD THE FACTORS UPON WHICH ITS DETER-
MINATION IS BASED, AND SHALL GIVE ITS REASONS FOR REMOVAL IN DETAIL AND
NOT IN CONCLUSORY TERMS.
(B) WHERE A MOTION FOR REMOVAL PURSUANT TO SUBDIVISION ONE OF THIS
SECTION HAS BEEN DENIED, NO FURTHER MOTION PURSUANT TO THIS SECTION MAY
BE MADE BY THE PRESENTMENT AGENCY WITH RESPECT TO THE SAME OFFENSE OR
OFFENSES.
3. (A) WHERE AN ORDER OF REMOVAL HAS BEEN GRANTED PURSUANT TO THIS
SECTION, AND THE RESPONDENT IS IN DETENTION PURSUANT TO SECTION 320.5 OF
THIS PART, THE ORDER OF REMOVAL TO THE SUPERIOR CRIMINAL COURT MUST
PROVIDE THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST OR
SOME OTHER PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE SPEED TAKE
THE JUVENILE TO THE DESIGNATED SUPERIOR COURT. THE ORDER OF REMOVAL MUST
SPECIFY A DATE CERTAIN WITHIN TEN DAYS FROM THE DATE OF THE ORDER OF
REMOVAL FOR THE RESPONDENT'S APPEARANCE IN SUCH SUPERIOR COURT PROVIDED,
HOWEVER, THAT WHERE THE RESPONDENT IS IN DETENTION OR IN THE CUSTODY OF
THE SHERIFF THAT DATE MUST BE NOT LATER THAN THE NEXT DAY THE SUPERIOR
COURT IS IN SESSION.
(B) THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF THE PLEADINGS AND
PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO
S. 1409 11
THE DESIGNATED SUPERIOR COURT AND BE DELIVERED TO AND FILED WITH THE
CLERK OF THAT COURT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM
"PLEADINGS AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING, INQUIRY
OR TRIAL HELD IN THE ACTION AND THE MINUTES OF ANY PLEA ACCEPTED AND
ENTERED.
(C) THE ORDER OF REMOVAL MUST BE SIGNED BY THE JUDGE OF THE FAMILY
COURT WHO DIRECTED THE REMOVAL.
S 20. Subdivisions 1, 8 and 14 of section 301.2 of the family court
act, subdivisions 1 and 14 as added by chapter 920 of the laws of 1982
and subdivision 8 as amended by chapter 7 of the laws of 2007, are
amended to read as follows:
1. "Juvenile delinquent" means a person over seven and less than
[sixteen] EIGHTEEN years of age, who, having committed an act that would
constitute a crime if committed by an adult, (a) is not criminally
responsible for such conduct by reason of infancy, [or] (b) is the
defendant in an action ordered removed from a criminal court to the
family court pursuant to article seven hundred twenty-five of the crimi-
nal procedure law, OR (C) COULD BE, BUT IS NOT, THE DEFENDANT IN AN
ACTION AGAINST A SIXTEEN OR SEVENTEEN YEAR OLD AUTHORIZED BY SUBDIVISION
FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
8. "Designated felony act" means an act which, if done by an adult,
would be a crime: (i) defined in sections 125.27 (murder in the first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first degree); or 150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen [or], fifteen, SIXTEEN OR
SEVENTEEN years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (ii) defined in sections 120.10 (assault in the first degree);
125.20 (manslaughter in the first degree); 130.35 (rape in the first
degree); 130.50 (criminal sexual act in the first degree); 130.70
(aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
second degree) but only where the abduction involved the use or threat
of use of deadly physical force; 150.15 (arson in the second degree) or
160.15 (robbery in the first degree) of the penal law committed by a
person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years of
age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (iii) defined in
the penal law as an attempt to commit murder in the first or second
degree or kidnapping in the first degree committed by a person thirteen,
fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or such
conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iv) defined in section
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, 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 the penal law committed by a person fourteen [or],
fifteen, SIXTEEN OR SEVENTEEN years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
of age but only where there has been a prior finding by a court that
such person has previously committed an act which, if committed by an
adult, would be the crime of assault in the second degree, robbery in
S. 1409 12
the second degree or any designated felony act specified in paragraph
(i), (ii), or (iii) of this subdivision regardless of the age of such
person at the time of the commission of the prior act; or (vi) other
than a misdemeanor committed by a person at least seven but less than
[sixteen] EIGHTEEN years of age, but only where there has been two prior
findings by the court that such person has committed a prior felony.
14. Any reference in this article to "CRIME" OR the commission of a
crime includes any act which, if done by an adult, would constitute a
crime, AND ANY ACT COMMITTED BY A YOUTH AGED SIXTEEN OR SEVENTEEN WHICH,
IF DONE BY AN ADULT, WOULD CONSTITUTE AN OFFENSE AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 10.00 OF THE PENAL LAW.
S 21. Subdivisions 1 and 2 of section 305.1 of the family court act,
as added by chapter 920 of the laws of 1982, are amended to read as
follows:
1. A private person may take a child under the age of [sixteen] EIGH-
TEEN into custody in cases in which he may arrest an adult for a crime
under section 140.30 of the criminal procedure law.
2. Before taking such child under the age of [sixteen] EIGHTEEN into
custody, a private person must inform the child of the cause thereof and
require him to submit, except when he is taken into custody on pursuit
immediately after the commission of a crime.
S 22. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
2. An officer may take a child under the age of [sixteen] EIGHTEEN
into custody without a warrant in cases in which he may arrest a person
for a crime under article one hundred forty of the criminal procedure
law.
S 23. Paragraph (c) of subdivision 3 of section 311.1 of the family
court act, as added by chapter 920 of the laws of 1982, is amended to
read as follows:
(c) the fact that the respondent is a person under [sixteen] EIGHTEEN
years of age at the time of the alleged act or acts;
S 24. Subdivision 1 of section 352.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. Upon the conclusion of the dispositional hearing, the court shall
enter an order of disposition:
(a) conditionally discharging the respondent in accord with section
353.1; or
(b) putting the respondent on probation in accord with section 353.2;
or
(c) continuing the proceeding and placing the respondent in accord
with section 353.3; or
(d) placing the respondent in accord with section 353.4; or
(e) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5; OR
(F) WHERE APPLICABLE, IN ACCORD WITH SECTION 353.7.
S 25. The family court act is amended by adding a new section 353.7 to
read as follows:
S 353.7. DISPOSITIONS FOR CERTAIN OFFENSES COMMITTED BY YOUTHS AGE
SIXTEEN OR SEVENTEEN. 1. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE
TIME OF SUCH ACT IS FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY
CLASSIFIED AS A VIOLATION OR TRAFFIC INFRACTION, THE COURT MAY ORDER THE
RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED FOR SUCH AN
OFFENSE COMMITTED BY AN ADULT, AND/OR ORDER AN UNCONDITIONAL DISCHARGE
OR CONDITIONAL DISCHARGE IN ACCORDANCE WITH SECTION 353.1 OF THIS PART.
S. 1409 13
2. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
MISDEMEANOR, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHOR-
IZED BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE
AUTHORIZED FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
3. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
FELONY, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED
BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED
BY LAW FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
4. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
FOUND TO HAVE COMMITTED A TRAFFIC INFRACTION, VIOLATION, MISDEMEANOR OR
FELONY PROHIBITED BY THE VEHICLE AND TRAFFIC LAW, THE COURT MAY TAKE ANY
ACTION WITH RESPECT TO SUCH PERSON'S DRIVER'S LICENSE OR DRIVING PRIVI-
LEGE AS IS AUTHORIZED BY LAW FOR SUCH A VIOLATION COMMITTED BY AN ADULT.
5. FOR PURPOSES OF THIS SECTION, "OFFENSE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW.
S 26. 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, WHERE PROSECUTION IS AUTHORIZED BY LAW,
INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THE CRIMINAL PROCEDURE
LAW AND SECTION 325.5 OF THE FAMILY COURT ACT: (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 pursuant to section 130.91 [of the penal law]; and
(2) a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years old
who is criminally responsible 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 of section
120.10 (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].
S 27. Subdivisions 1 and 2 of section 30.00 of the penal law, subdivi-
sion 1 as amended by chapter 481 of the laws of 1978 and subdivision 2
as amended by chapter 7 of the laws of 2007, are amended to read as
follows:
1. Except as provided in subdivision two of this section, a person
less than [sixteen] EIGHTEEN years old is not criminally responsible for
conduct.
2. (A) A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
years of age is criminally responsible for acts constituting murder in
S. 1409 14
the second degree as defined in subdivisions one and two of section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally responsible or for such conduct as a sexually motivated felony,
where authorized pursuant to section 130.91 [of the penal law], EXCEPT
THAT, IN THE CASE OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF
AGE, THE PERSON IS ONLY CRIMINALLY RESPONSIBLE PURSUANT TO THIS PARA-
GRAPH IF SUCH ACTION AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMI-
LY COURT TO A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE
FAMILY COURT ACT AND SECTION 726.05 OF THE CRIMINAL PROCEDURE LAW; and
(B) a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age
is criminally responsible for acts constituting the crimes defined in
section 135.25 (kidnapping in the first degree); 150.20 (arson in the
first degree); subdivisions one and two of section 120.10 (assault in
the first degree); 125.20 (manslaughter in the first degree); subdivi-
sions one and two of section 130.35 (rape in the first degree); subdivi-
sions 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 for such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 [of the penal law], EXCEPT THAT, IN THE CASE
OF A PERSON FOURTEEN OR FIFTEEN YEARS OF AGE, THE PERSON IS ONLY CRIMI-
NALLY RESPONSIBLE PURSUANT TO THIS PARAGRAPH IF SUCH ACTION AGAINST HIM
OR HER WAS ORDERED REMOVED FROM A FAMILY COURT TO A SUPERIOR CRIMINAL
COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT AND SECTION
726.05 OF THE CRIMINAL PROCEDURE LAW.
S 28. Subdivision 2 of section 60.10 of the penal law, as amended by
chapter 411 of the laws of 1979, is amended to read as follows:
2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided, however, that the limitation prescribed by this section shall
not be deemed or construed to bar use of a conviction of a juvenile
offender, other than a juvenile offender who has been adjudicated a
youthful offender pursuant to section 720.20 of the criminal procedure
law, as a previous or predicate felony offender under section 70.04,
70.06, 70.08 or 70.10, when sentencing a person who commits a felony
after he has reached the age of [sixteen] EIGHTEEN.
S 29. Paragraph (a) of subdivision 3 of section 70.05 of the penal
law, as amended by chapter 174 of the laws of 2003, is amended to read
as follows:
(a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than five years but shall not exceed nine years provided, however, that
where the sentence is for an offense specified in subdivision one or two
of section 125.25 of this chapter and the defendant was fourteen [or],
fifteen, SIXTEEN OR SEVENTEEN years old at the time of such offense, the
minimum period of imprisonment shall be not less than seven and one-half
years but shall not exceed fifteen years;
S. 1409 15
S 30. Paragraph (f) of subdivision 1 of section 70.30 of the penal
law, as added by chapter 481 of the laws of 1978 and as 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, committed before he has reached the age of [sixteen] EIGHTEEN,
shall, if it exceeds ten years, be deemed to be ten years. If consec-
utive 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, then the aggregate
maximum term of such sentences shall, if it exceeds fifteen years, be
deemed to be fifteen 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 31. 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 felo-
ny, committed before he has reached the age of [sixteen] EIGHTEEN,
shall, if it exceeds ten years, be deemed to be ten years. If consec-
utive 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, then the aggregate
maximum term of such sentences shall, if it exceeds fifteen years, be
deemed to be fifteen 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 32. Severability. If any clause, sentence, paragraph, subdivision or
part of this act, or the application thereof to any person or circum-
stance, shall be adjudged by any court of competent jurisdiction to be
invalid or unconstitutional, such judgment shall not affect, impair or
invalidate the reminder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision or part of this act, or
in its application to the person or circumstance, directly involved in
the controversy in which such judgment shall have been rendered.
S 33. This act shall take effect 18 months after it shall have become
a law; provided, however, that the amendments to paragraph (f) of subdi-
vision 1 of section 70.30 of the penal law made by section thirty of
this act shall be subject to the expiration and reversion of such para-
graph 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 thir-
ty-one of this act shall take effect.
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