NY State Assembly Bill 2019-A5703

Assembly Bill A5703

2019-2020 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 Assembly Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 17, 2020	held for consideration in codes
Jan 08, 2020	referred to codes
Feb 14, 2019	referred to codes

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2019-A5703 (ACTIVE) - Details

Current Committee:: Assembly 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: A5122
2011-2012: A1703
2013-2014: A6010
2015-2016: A5288
2017-2018: A4852
2021-2022: A8315
2023-2024: A2684

2019-A5703 (ACTIVE) - 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.

2019-A5703 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5703
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GIGLIO,  BRABENEC,  DeSTEFANO,  FINCH, KOLB,
   LAWRENCE, McDONOUGH, B. MILLER, MORINELLO, RAIA, REILLY, SAYEGH, TAGUE
   -- Multi-Sponsored by -- M. of A. CROUCH, HAWLEY, MIKULIN -- read once
   and referred 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) 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
 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);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06874-01-9

 A. 5703                             2
 
 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
 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

 A. 5703                             3
 
 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 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
 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

 A. 5703                             4
 
 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
 but  less  than eighteen years of age, but only where there has been two

 A. 5703                             5
 
 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.

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Assembly Bill A5703

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Sponsored By

GIGLIO

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Karl Brabenec

Joe DeStefano

Gary Finch

Brian Kolb

multi-Sponsors

Marjorie Byrnes

Clifford Crouch

Stephen Hawley

John K. Mikulin

2019-A5703 (ACTIVE) - Details

2019-A5703 (ACTIVE) - Summary

2019-A5703 (ACTIVE) - Bill Text download pdf

Comments