NY State Senate Bill 2017-S441A

Senate Bill S441A

2017-2018 Legislative Session

Expands juvenile offender status to include certain sex offenses committed by persons 13, 14 or 15 years of age

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2018	print number 441a
Jan 23, 2018	amend and recommit to codes
Jan 03, 2018	referred to codes
Jan 04, 2017	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S441 - Details

See Assembly Version of this Bill:: A4852
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 190.71, CP L; amd §§10.00 & 30.00, Pen L; amd §301.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3415, A5122
2011-2012: S752, A1703
2013-2014: S2211, A6010
2015-2016: S2995, A5288
2019-2020: A5703
2021-2022: A8315
2023-2024: A2684

2017-S441 - Summary

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

2017-S441 - Sponsor Memo

                                 BILL NUMBER:  S441

 TITLE OF BILL :

An act to amend the criminal procedure law, the penal law and the
family court act, in relation to providing juvenile offender status to
persons thirteen, fourteen or fifteen years of age who have committed
certain sex offenses

 PURPOSE :

Expands juvenile offender status to include certain sex offenses
committed by persons 13, 14, or 15 years of age.

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision 42 of section 1.20 of the Criminal
Procedure Law to establish that rape, sodomy, and aggravated sexual
abuse are serious violent crimes, even when committed by persons as
young as 13. Extension of the juvenile offender status to include this
group of sex offenses will allow for stiffer penalties for offenders,
and importantly, include young sex offenders in the Megan's Law Sex
Offender Registry.

Section 2: Amends subdivision (a) of section 190.71 of the criminal
procedure law to establish that rape, sodomy, and aggravated sexual

abuse are serious violent crimes, even when committed by persons as
young as 13. Extension of the juvenile offender status to include this
group of sex offenses will allow for stiffer penalties for offenders,
and importantly, include young sex offenders in the Megan's Law Sex
Offender Registry.

Section 3: Amends subdivision 18 of section 10.00 of the Penal Law to
establish that rape, sodomy, and aggravated sexual abuse are serious
violent crimes, even when committed by persons as young as 13.
Extension of the juvenile offender status to include this group of sex
offenses will allow for stiffer penalties for offenders, and
importantly, include young sex offenders in the Megan's Law Sex
Offender Registry.

Section 4: Amends subdivision 2 of section 30.00 of the Penal Law to
establish that rape, sodomy, and aggravated sexual abuse are serious
violent crimes, even when committed by persons as young as 13.
Extension of the juvenile offender status to include this group of sex
offenses will allow for stiffer penalties for offenders, and
importantly, include young sex offenders in the Megan's Law Sex
Offender Registry.

Section 5: Amends subdivision 8 of section 301.2 of the Family Court
Act to establish that rape, sodomy, and aggravated sexual abuse are
serious violent crimes, even when committed by persons as young as 13.
Extension of the juvenile offender status to include this group of sex
offenses will allow for stiffer penalties for offenders, and
importantly, include young sex offenders in the Megan's Law Sex
Offender Registry.

Section 6: Establishes the effective date.

 JUSTIFICATION :

Currently, the law does not adequately address the serious nature of
violent acts committed by young sexual predators or the high rate of
recidivism common to sex crimes. This legislation would change that by
treating violent sex offenses as crimes worthy of serious punishment,
and provide that young sexual predators be included in the Megan's Law

Sex Offender Registry so that the appropriate authorities are able to
track these criminals as they enter the age of majority.

 LEGISLATIVE HISTORY :

2015,2016: S.2995/A.5288 Referred to Codes
2013,2014: S.2211/A.6010 Referred to Codes
2011,2012: S.752/A.1703 Referred to Codes
2009,2010: S.3415/A.5122A Referred to Codes
2007,2008: S.381/A.2660 Referred to Codes
2006: S.6253/A.10231, A.5682 Referred to Codes
2005: A.5682 Referred to Codes
2004: A.4780 Held in Codes

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November, following
adoption.

2017-S441 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    441
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. YOUNG, DeFRANCISCO, FUNKE -- 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 penal law and the family
   court act, in  relation  to  providing  juvenile  offender  status  to
   persons  thirteen, fourteen or fifteen years of age who have committed
   certain sex offenses
 
   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 (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[,];  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); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FIRST  DEGREE);  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 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 (kidnap-
 ping in the first degree); 150.20 (arson in the first degree);  subdivi-
 sions  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); SECTION 130.66
 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE);  SECTION  130.67  (AGGRA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05786-01-7

 S. 441                              2
 
 VATED  SEXUAL  ABUSE  IN  THE  SECOND 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; 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.
   §  2. Subdivision (a) of section 190.71 of the criminal procedure law,
 as amended by chapter 7 of the laws of  2007,  is  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
 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); 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);  SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
 FIRST 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 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 responsible; 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); SECTION 130.66 (AGGRA-
 VATED  SEXUAL  ABUSE  IN  THE  THIRD DEGREE); SECTION 130.67 (AGGRAVATED
 SEXUAL ABUSE IN THE SECOND 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.
   § 3. 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;  SUBDIVISIONS  ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST
 DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT

 S. 441                              3
 
 IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  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;
 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  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); SECTION
 130.66  (AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67
 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
 al 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.
   §  4.   Subdivision 2 of section 30.00 of the penal law, as amended by
 chapter 7 of the laws of 2007, is amended to read as follows:
   2. A person thirteen, fourteen or fifteen years of age  is  criminally
 responsible for acts constituting murder in the second degree as defined
 in  subdivisions  one and two of section 125.25 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  or  for  such
 conduct  as  a  sexually  motivated felony, where authorized pursuant to
 section 130.91 of [the penal law] THIS CHAPTER; A PERSON THIRTEEN  YEARS
 OF  AGE  IS  CRIMINALLY  RESPONSIBLE  FOR  ACTS  CONSTITUTING THE CRIMES
 DEFINED IN 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); AND SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
 FIRST DEGREE); and a person fourteen or fifteen years of age  is  crimi-
 nally  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);  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);
 SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION
 130.67  (AGGRAVATED  SEXUAL  ABUSE IN THE SECOND DEGREE); 130.70 (aggra-
 vated 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

 S. 441                              4
 
 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] THIS CHAPTER.
   §  5.  Subdivision  8  of  section  301.2  of the family court act, as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   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 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); 130.66  (AGGRAVATED  SEXUAL  ABUSE  IN  THE  THIRD
 DEGREE);  130.67  (AGGRAVATED SEXUAL ABUSE IN THE SECOND 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  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 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  four-
 teen  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; (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  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 years of age, but only where there has
 been  two  prior  findings by the court that such person has committed a
 prior felony.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2017-S441A (ACTIVE) - Details

See Assembly Version of this Bill:: A4852
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 190.71, CP L; amd §§10.00 & 30.00, Pen L; amd §301.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3415, A5122
2011-2012: S752, A1703
2013-2014: S2211, A6010
2015-2016: S2995, A5288
2019-2020: A5703
2021-2022: A8315
2023-2024: A2684

2017-S441A (ACTIVE) - Summary

2017-S441A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S441A

SPONSOR: YOUNG
 
TITLE OF BILL:  An act to amend the criminal procedure law, the penal
law and the family court act, in relation to providing juvenile offender
status to persons thirteen, fourteen or fifteen years of age who have
committed certain sex offenses

 
PURPOSE:

Expands juvenile offender status to include certain sex offenses commit-
ted by persons 13, 14, or 15 years of age.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 42 of section 1.20 of the Criminal Proce-
dure Law to establish that rape, sodomy, and aggravated sexual abuse are
serious violent crimes, even when committed by persons as young as 13.
Extension of the juvenile offender status to include this group of sex
offenses will allow for stiffer penalties for offenders, and important-
ly, include young sex offenders in the Megan's Law Sex Offender Regis-

try.

Section 2: Amends subdivision (a) of section 190.71 of the criminal
procedure law to establish that rape, sodomy, and aggravated sexual
abuse are serious violent crimes, even when committed by persons as
young as 13. Extension of the juvenile offender status to include this
group of sex offenses will allow for stiffer penalties for offenders,
and importantly, include young sex offenders in the Megan's Law Sex
Offender Registry.

Section 3: Amends subdivision 18 of section 10.00 of the Penal Law to
establish that rape, sodomy, and aggravated sexual abuse are serious
violent crimes, even when committed by persons as young as 13.  Exten-
sion of the juvenile offender status to include this group of sex
offenses will allow for stiffer penalties for offenders, and important-
ly, include young sex offenders in the Megan's Law Sex Offender Regis-
try.

Section 4: Amends subdivision 2 of section 30.00 of the Penal Law to
establish that rape, sodomy, and aggravated sexual abuse are serious
violent crimes, even when committed by persons as young as 13.  Exten-
sion of the juvenile offender status to include this group of sex
offenses will allow for stiffer penalties for offenders, and important-
ly, include young sex offenders in the Megan's Law Sex Offender Regis-
try.

Section 5: Amends subdivision 8 of section 301.2 of the Family Court Act
to establish that rape, sodomy, and aggravated sexual abuse are serious
violent crimes, even when committed by persons as young as 13. Extension
of the juvenile offender status to include this group of sex offenses
will allow for stiffer penalties for offenders, and importantly, include
young sex offenders in the Megan's Law Sex Offender Registry.

Section 6: Establishes the effective date.

 
JUSTIFICATION:


Currently, the law does not adequately address the serious nature of
violent acts committed by young sexual predators or the high rate of
recidivism common to sex crimes. This legislation would change that by
treating violent sex offenses as crimes worthy of serious punishment,
and provide that young sexual predators be included in the Megan's Law
Sex Offender Registry so that the appropriate authorities are able to
track these criminals as they enter the age of majority.

 
LEGISLATIVE HISTORY:

2017: S.441/A.4852 Referred to Codes
2015,2016: S.2995/A.5288 Referred to Codes
2013,2014: S.2211/A.6010 Referred to Codes
2011,2012: S.752/A.1703 Referred to Codes
2009,2010: S.3415/A.5122A Referred to Codes
2007,2008: S.381/A.2660 Referred to Codes
2006: S.6253/A.10231, A.5682 Referred to Codes
2005: A.5682 Referred to Codes
2004: A.4780 Held in Codes

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November, following adoption.

2017-S441A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  441--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. YOUNG, DeFRANCISCO, FUNKE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   recommitted to the Committee on Codes in accordance with  Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, the penal law and the family
   court act, in  relation  to  providing  juvenile  offender  status  to
   persons  thirteen, fourteen or fifteen years of age who have committed
   certain sex offenses
 
   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 (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[,];  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); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FIRST  DEGREE) 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05786-02-8

 S. 441--A                           2
 
 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);
 SECTION  130.66  (AGGRAVATED  SEXUAL ABUSE IN THE THIRD DEGREE); SECTION
 130.67  (AGGRAVATED  SEXUAL  ABUSE IN THE SECOND DEGREE); 130.70 (aggra-
 vated 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; 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.
   § 2. Subdivision (a) of section 190.71 of the criminal procedure  law,
 as  amended  by  chapter  7  of  the laws of 2007, is 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
 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);  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); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FIRST  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  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 responsible; 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); SECTION 130.66 (AGGRA-
 VATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION  130.67  (AGGRAVATED
 SEXUAL  ABUSE  IN THE SECOND 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.
   §  3.  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

 S. 441--A                           3
 
 as  defined  in  subdivisions  one  and  two  of  section 125.25 of this
 chapter; 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);  SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
 FIRST DEGREE) OF THIS CHAPTER; or such conduct as a  sexually  motivated
 felony,  where  authorized pursuant 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  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); SECTION
 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION  130.67
 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
 al  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.
   § 4.  Subdivision 2 of section 30.00 of the penal law, as  amended  by
 section 38 of the part WWW of chapter 59 of the laws of 2017, is amended
 to read as follows:
   2.  A person thirteen, fourteen or, fifteen years of age is criminally
 responsible for acts constituting murder in the second degree as defined
 in subdivisions one and two of section 125.25 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 or for such
 conduct as a sexually motivated felony,  where  authorized  pursuant  to
 section  130.91  of  this  chapter;    A PERSON THIRTEEN YEARS OF AGE IS
 CRIMINALLY RESPONSIBLE FOR  ACTS  CONSTITUTING  THE  CRIMES  DEFINED  IN
 SUBDIVISIONS  ONE  AND  TWO OF SECTION 130.25(RAPE IN THE FIRST DEGREE);
 SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT  IN  THE
 FIRST  DEGREE); AND SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
 DEGREE) OF THIS CHAPTER; and a person fourteen or, fifteen 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); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);
 SECTION  130.67  (AGGRAVATED  SEXUAL ABUSE IN THE SECOND 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

 S. 441--A                           4
 
 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 this chapter.
   § 5. Subdivision 8 of section  301.2  of  the  family  court  act,  as
 amended  by section 57 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   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,  fifteen,  or sixteen, or
 commencing October first, two thousand nineteen, seventeen years of age;
 or such conduct committed as a sexually motivated felony, where  author-
 ized  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); 130.66 (AGGRAVATED SEXUAL ABUSE IN  THE
 THIRD  DEGREE);  130.67  (AGGRAVATED SEXUAL ABUSE IN THE SECOND 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 commit-
 ted by a person thirteen, fourteen, fifteen, or sixteen, or,  commencing
 October  first,  two  thousand nineteen, 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,
 fifteen, or sixteen, or commencing October first, two thousand nineteen,
 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;  (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 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, fifteen, or sixteen or, commencing Octo-
 ber  first, two thousand nineteen, seventeen years of age but only where
 there has been a prior finding by a court that such person has previous-
 ly 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 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; (vi) other than a misdemeanor committed by
 a person at least seven but  less  than  seventeen  years  of  age,  and
 commencing October first, two thousand nineteen, a person at least seven

 S. 441--A                           5
 
 but  less  than eighteen years of age, but only where there has been two
 prior findings by the court that such person has committed a prior felo-
 ny.
   § 6. This act shall take effect on the first of November next succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that if part WWW of chapter 59 of the laws of 2017 shall not have  taken
 effect  on  or before the effective date of this act, then sections four
 and five of this act shall take effect on the same date and in the  same
 manner as part WWW of chapter 59 of the laws of 2017, takes effect.

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Senate Bill S441A

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

John A. DeFrancisco

Rich Funke

2017-S441 - Details

2017-S441 - Summary

2017-S441 - Sponsor Memo

2017-S441 - Bill Text download pdf

co-Sponsors

John A. DeFrancisco

Rich Funke

2017-S441A (ACTIVE) - Details

2017-S441A (ACTIVE) - Summary

2017-S441A (ACTIVE) - Sponsor Memo

2017-S441A (ACTIVE) - Bill Text download pdf

Comments