NY State Assembly Bill 2019-A8090B

Archive: Last Bill Status - On Floor Calendar

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
Jan 08, 2020	ordered to third reading cal.309 returned to assembly died in senate
Jun 18, 2019	referred to rules delivered to senate passed assembly
Jun 14, 2019	ordered to third reading rules cal.302 rules report cal.302 reported
Jun 12, 2019	amend and recommit to rules 8090b
Jun 11, 2019	reported referred to rules
Jun 04, 2019	print number 8090a
Jun 04, 2019	amend and recommit to codes reported referred to codes
May 31, 2019	referred to children and families

Bill Amendments

Original

B (Active)

2019-A8090 - Details

Law Section:: Family Court Act
Laws Affected:: Amd Fam Ct Act, generally; amd §510.15, CP L
Versions Introduced in 2021-2022 Legislative Session:: A7706

2019-A8090 - Summary

Relates to juvenile delinquency charges of violations in family court; provides that where an order of fact-finding has been issued that includes a violation committed by a juvenile sixteen years of age or, commencing on October 1, 2019, seventeen years of age, the records shall be sealed automatically without the necessity of a motion; makes related provisions.

2019-A8090 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8090
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced by M. of A. DAVILA -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT to amend the family court act and the criminal procedure law, in
   relation to juvenile delinquency charges of violations in  the  family
   court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 301.2 of the family court act,  as
 amended  by section 56 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   1. "Juvenile delinquent" means a  person  over  seven  and  less  than
 [sixteen  years  of  age,  or  commencing on October first, two thousand
 eighteen a person over seven and less than] seventeen years of age,  and
 commencing October first, two thousand nineteen, a person over seven and
 less than eighteen years of age, who, having committed an act that would
 constitute  a  crime  IF  COMMITTED  BY  AN ADULT, or (WITH RESPECT TO A
 PERSON OVER SIXTEEN AND LESS THAN SEVENTEEN YEARS OF AGE  OR,  A  PERSON
 OVER  SIXTEEN  AND  LESS  THAN  EIGHTEEN YEARS OF AGE COMMENCING OCTOBER
 FIRST, TWO THOUSAND NINETEEN, a  violation  AS  DEFINED  BY  SUBDIVISION
 THREE  OF SECTION 10.00 OF THE PENAL LAW IF COMMITTED BY AN ADULT, where
 such violation is alleged to have occurred in the  same  transaction  or
 occurrence  of the alleged criminal act[, if committed by an adult], AND
 WHERE SUCH PERSON: (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 criminal procedure law.
   § 2. Subdivision 3 of section 302.1 of the family court act, as  added
 by  section  56-a  of  part  WWW  of  chapter 59 of the laws of 2017, is
 amended to read as follows:
   3. [Whenever] WITH RESPECT TO A  YOUTH  OVER  SIXTEEN  AND  LESS  THAN
 SEVENTEEN  YEARS OF AGE OR, A PERSON OVER SIXTEEN AND LESS THAN EIGHTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13096-02-9

 A. 8090                             2
 
 YEARS OF AGE COMMENCING OCTOBER FIRST, TWO THOUSAND NINETEEN, WHENEVER a
 crime and a violation arise out of the same transaction or occurrence, a
 charge alleging both offenses shall be made returnable before the  court
 having  jurisdiction  over  the  crime. Nothing herein provided shall be
 construed to prevent a  court,  having  jurisdiction  over  a  violation
 relating to a criminal act from lawfully entering an order in accordance
 with  SECTION  345.1  of this article where such order is not based upon
 the count or counts of the petition alleging such criminal act.
   § 3. Subdivision 3 of section  304.1  of  the  family  court  act,  as
 amended  by section 59 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   3. The detention of a child  under  ten  years  of  age  in  a  secure
 detention  facility  shall not be directed, NOR SHALL THE DETENTION OF A
 CHILD ADJUDICATED SOLELY FOR AN ACT THAT WOULD CONSTITUTE A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION  10.00  OF  THE  PENAL  LAW,  BE
 DIRECTED under any of the provisions of this article.
   § 4. Subdivision 13 of section 308.1 of the family court act, as added
 by  chapter 920 of the laws of 1982, is amended and a new subdivision 14
 is added to read as follows:
   13. The provisions of this section shall not apply where the  petition
 is  an  order  of  removal to the family court pursuant to article seven
 hundred twenty-five of the criminal procedure  law  AGAINST  A  JUVENILE
 OFFENDER  AS  DEFINED  IN  SUBDIVISION  EIGHTEEN OF SECTION 10.00 OF THE
 PENAL LAW.
   14. NOTWITHSTANDING SUBDIVISIONS THREE,  FOUR  AND  THIRTEEN  OF  THIS
 SECTION,  THE  PROBATION SERVICE MAY ADJUST A PROCEEDING WHERE THE COURT
 HAS REFERRED A CASE TO THE PROBATION SERVICE IN ACCORDANCE WITH  SECTION
 320.6  OF THIS ARTICLE IN CONJUNCTION WITH OR SUBSEQUENT TO THE ISSUANCE
 OF AN ORDER PURSUANT TO SUBDIVISION ONE OF SECTION 345.1 OF THIS ARTICLE
 WHERE SUCH ORDER DOES NOT INCLUDE A FACT-FINDING FOR A CRIME  WHICH,  IF
 COMMITTED  BY  AN ADULT, WOULD CONSTITUTE A JUVENILE OFFENSE, DESIGNATED
 FELONY OR OFFENSE LISTED IN SUBDIVISION FOUR OF THIS  SECTION.  WHERE  A
 PROCEEDING  HAS BEEN REFERRED TO THE PROBATION SERVICE IN WHICH AN ORDER
 ISSUED PURSUANT TO SECTION 345.1 OF THIS ARTICLE CONSISTS  SOLELY  OF  A
 VIOLATION  AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL
 LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTO-
 BER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, THE  PROBATION
 SERVICE  SHALL ADJUST THE MATTER UNLESS GOOD CAUSE IS SHOWN AND IS DOCU-
 MENTED IN ITS RECORDS.
   § 5. Section 315.3 of the family court act is amended by adding a  new
 subdivision 4 to read as follows:
   4.  WHERE AN ORDER OF FACT-FINDING THAT INCLUDES SOLELY A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW COMMITTED
 BY A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTOBER FIRST,  TWO
 THOUSAND  NINETEEN, SEVENTEEN YEARS OF AGE, HAS BEEN ENTERED PURSUANT TO
 SECTION 345.1 OF THIS ARTICLE, THERE SHALL BE A  REBUTTABLE  PRESUMPTION
 THAT  THE  COURT  SHALL  ADJOURN  THE CASE IN CONTEMPLATION OF DISMISSAL
 PURSUANT TO THIS SECTION, REFER THE CASE TO THE  PROBATION  SERVICE  FOR
 ADJUSTMENT SERVICES PURSUANT TO SECTION 320.6 OF THIS ARTICLE OR DISMISS
 THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF THIS ARTICLE.
   §  6.  Subdivision  2  of  section  320.6  of the family court act, as
 amended by chapter 926 of the laws  of  1982,  is  amended  to  read  as
 follows:
   2.  At  the  initial  appearance  OR AT ANY SUBSEQUENT APPEARANCE, the
 court may[, with the consent  of  the  victim  or  complainant  and  the
 respondent,]  refer  a  case  to  the  probation  service for adjustment

 A. 8090                             3
 
 services.   THE PROBATION  SERVICE  SHALL  CONSIDER  THE  VIEWS  OF  THE
 COMPLAINANT AND THE IMPACT OF THE ALLEGED ACT OR ACTS OF JUVENILE DELIN-
 QUENCY UPON THE COMPLAINANT AND UPON THE COMMUNITY IN DETERMINING WHETH-
 ER  ADJUSTMENT  UNDER  THIS  SECTION WOULD BE SUITABLE. In the case of a
 designated felony petition, the consent of the presentment agency  shall
 [also]  be  required to refer a case to THE probation [services] SERVICE
 for adjustment services.  WHERE AN ORDER OF FACT-FINDING  THAT  INCLUDES
 SOLELY  A  VIOLATION AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF
 THE PENAL LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR,  COMMENC-
 ING ON OCTOBER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, HAS
 BEEN ENTERED PURSUANT TO SECTION 345.1 OF THIS ARTICLE, THERE SHALL BE A
 REBUTTABLE  PRESUMPTION  THAT  THE  COURT  SHALL  REFER  THE CASE TO THE
 PROBATION SERVICE FOR ADJUSTMENT SERVICES IN ACCORDANCE WITH THIS SUBDI-
 VISION, DISMISS THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF
 THIS ARTICLE OR ADJOURN THE CASE IN CONTEMPLATION OF DISMISSAL  PURSUANT
 TO SECTION 315.3 OF THIS ARTICLE.
   §  7. Section 345.1 of the family court act is amended by adding a new
 subdivision 3 to read as follows:
   3. WHERE AN ORDER OF FACT-FINDING THAT INCLUDES SOLELY A VIOLATION  AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW COMMITTED
 BY  A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTOBER FIRST, TWO
 THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, HAS BEEN ENTERED PURSUANT  TO
 SUBDIVISION ONE OF THIS SECTION, THERE SHALL BE A REBUTTABLE PRESUMPTION
 THAT THE COURT SHALL REFER THE CASE TO THE PROBATION SERVICE FOR ADJUST-
 MENT  SERVICES IN ACCORDANCE WITH SECTION 320.6 OF THIS ARTICLE, DISMISS
 THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF THIS ARTICLE OR
 ADJOURN THE CASE IN CONTEMPLATION OF DISMISSAL PURSUANT TO SECTION 315.3
 OF THIS ARTICLE.
   § 8. Subdivision 1 of section  350.1  of  the  family  court  act,  as
 amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
 follows:
   1. If the respondent is detained  and  has  not  been  found  to  have
 committed  a  designated  felony  act  the  dispositional  hearing shall
 commence not more than ten days after the entry of an order pursuant  to
 subdivision  one of section 345.1 OF THIS ARTICLE, except as provided in
 subdivision three OF  THIS  SECTION;  PROVIDED,  HOWEVER,  THAT  IF  THE
 RESPONDENT  HAS  BEEN  FOUND  TO  HAVE  COMMITTED  SOLELY A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00  OF  THE  PENAL  LAW,  THE
 RESPONDENT SHALL NOT BE DETAINED PENDING DISPOSITION.
   §  9. Subdivision 4 of section 352.2 of the family court act, as added
 by section 56-b of part WWW of chapter  59  of  the  laws  of  2017,  is
 amended to read as follows:
   4.  Where  a  youth  receives  a juvenile delinquency adjudication for
 conduct committed when the youth was  [age]  sixteen  YEARS  OF  AGE  or
 [older],  COMMENCING  ON OCTOBER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN
 YEARS OF AGE, that would SOLELY constitute a  violation  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION 10.00 OF THE PENAL LAW AND IF THE PRESUMP-
 TION PURSUANT TO SUBDIVISION THREE OF SECTION 345.1 OF THIS ARTICLE  HAS
 BEEN  REBUTTED,  the  court  shall  have  the power to enter an order of
 disposition in accordance with [paragraphs] PARAGRAPH (a) [and  (b)]  of
 subdivision  one  of  this section. THE COURT SHALL NOT ORDER DETENTION,
 PROBATION OR PLACEMENT OF A YOUTH SOLELY ADJUDICATED UNDER THIS SUBDIVI-
 SION.
   § 10. Subdivision 6 of section 360.3 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:

 A. 8090                             4
 
   6. At the conclusion of the hearing the court may revoke, continue  or
 modify  the  order  of  probation or conditional discharge. If the court
 revokes the order, it shall order a different  disposition  pursuant  to
 section 352.2 OF THIS ARTICLE PROVIDED, HOWEVER, THAT IF THE COURT FINDS
 A  VIOLATION  OF  AN ORDER OF CONDITIONAL DISCHARGE WHERE THE UNDERLYING
 FINDING HAD BEEN FOR AN ACT SOLELY CONSTITUTING A VIOLATION  AS  DEFINED
 IN  SUBDIVISION  THREE  OF SECTION 10.00 OF THE PENAL LAW, THE COURT MAY
 MODIFY THE CONDITIONS OF THE CONDITIONAL DISCHARGE BUT MAY NOT ORDER ANY
 OTHER DISPOSITION UNDER SECTION 352.2 OF  THIS  ARTICLE.  If  the  court
 continues  the  order  of  probation  or conditional discharge, it shall
 dismiss the petition of violation.
   § 11. Section 375.2 of the family court act is amended by adding a new
 subdivision 7 to read as follows:
   7. WHERE AN ORDER OF FACT-FINDING HAS BEEN ISSUED PURSUANT TO SUBDIVI-
 SION ONE OF SECTION  345.1  OF  THIS  ARTICLE  THAT  INCLUDES  SOLELY  A
 VIOLATION  AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL
 LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTO-
 BER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF  AGE,  THE  RECORDS
 SHALL  BE  SEALED  AUTOMATICALLY  AT THE EXPIRATION, AS APPLICABLE, OF A
 SUCCESSFUL PERIOD OF AN  ADJUSTMENT,  ADJOURNMENT  IN  CONTEMPLATION  OF
 DISMISSAL OR CONDITIONAL DISCHARGE.
   §  12.  Subdivision 1 of section 510.15 of the criminal procedure law,
 as amended by section 36 of part WWW of chapter 59 of the laws of  2017,
 is amended to read as follows:
   1.  When  a  principal who is under the age of sixteen 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 office of children and
 family services as a juvenile detention facility for  the  reception  of
 children.   When a principal who (a) commencing October first, two thou-
 sand eighteen, is sixteen years of age; or (b) commencing October first,
 two thousand nineteen, is sixteen or seventeen years of age, is  commit-
 ted  to the custody of the sheriff, the court must direct that the prin-
 cipal be taken to and lodged in a place certified by the office of chil-
 dren and family services in conjunction with  the  state  commission  of
 correction as a specialized secure juvenile detention facility for older
 youth.    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 juvenile detention facility continue to be deemed to
 be in the custody of the sheriff. No principal under the  age  specified
 to  whom  the  provisions of this section may apply shall be detained in
 any prison, 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 office of children and family services which shall
 consult with the commission of correction if the  principal  is  sixteen
 years of age or older in the case of each principal and the statement of
 its  reasons therefor; NOR SHALL A PRINCIPAL UNDER THE AGE SPECIFIED WHO
 IS CHARGED SOLELY WITH A VIOLATION AS DEFINED IN  SUBDIVISION  THREE  OF
 SECTION  10.00  OF  THE  PENAL  LAW BE SUBJECT TO DETENTION. 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.
   § 13. This act shall take effect immediately.

2019-A8090A - Details

Law Section:: Family Court Act
Laws Affected:: Amd Fam Ct Act, generally; amd §510.15, CP L
Versions Introduced in 2021-2022 Legislative Session:: A7706

2019-A8090A - Summary

2019-A8090A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8090--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families -- reported and referred to the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the family court act and the criminal procedure law,  in
   relation  to  juvenile delinquency charges of violations in the family
   court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 301.2 of the family court act, as
 amended by section 56 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   1.  "Juvenile  delinquent"  means  a  person  over seven and less than
 [sixteen years of age, or commencing  on  October  first,  two  thousand
 eighteen  a person over seven and less than] seventeen years of age, and
 commencing October first, two thousand nineteen, a person over seven and
 less than eighteen years of age, who, having committed an act that would
 constitute a crime IF COMMITTED BY AN  ADULT,  or  (WITH  RESPECT  TO  A
 PERSON  OVER  SIXTEEN  AND LESS THAN SEVENTEEN YEARS OF AGE OR, A PERSON
 OVER SIXTEEN AND LESS THAN EIGHTEEN  YEARS  OF  AGE  COMMENCING  OCTOBER
 FIRST,  TWO  THOUSAND  NINETEEN)  a  violation AS DEFINED BY SUBDIVISION
 THREE OF SECTION 10.00 OF THE PENAL LAW IF COMMITTED BY AN ADULT,  where
 such  violation  is  alleged to have occurred in the same transaction or
 occurrence of the alleged criminal act[, if committed by an adult],  AND
 WHERE SUCH PERSON: (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 criminal procedure law.
   §  2. Subdivision 3 of section 302.1 of the family court act, as added
 by section 56-a of part WWW of chapter  59  of  the  laws  of  2017,  is
 amended to read as follows:
   3.  [Whenever]  WITH  RESPECT  TO  A  YOUTH OVER SIXTEEN AND LESS THAN
 SEVENTEEN YEARS OF AGE OR, A PERSON OVER SIXTEEN AND LESS THAN  EIGHTEEN

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13096-05-9

 A. 8090--A                          2
 
 YEARS OF AGE COMMENCING OCTOBER FIRST, TWO THOUSAND NINETEEN, WHENEVER a
 crime and a violation arise out of the same transaction or occurrence, a
 charge  alleging both offenses shall be made returnable before the court
 having  jurisdiction  over  the  crime. Nothing herein provided shall be
 construed to prevent a  court,  having  jurisdiction  over  a  violation
 relating to a criminal act from lawfully entering an order in accordance
 with  SECTION  345.1  of this article where such order is not based upon
 the count or counts of the petition alleging such criminal act.
   § 3. Subdivision 3 of section  304.1  of  the  family  court  act,  as
 amended  by section 59 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   3. The detention of a child  under  ten  years  of  age  in  a  secure
 detention  facility  shall not be directed, NOR SHALL THE DETENTION OF A
 CHILD ADJUDICATED SOLELY FOR AN ACT THAT WOULD CONSTITUTE A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION  10.00  OF  THE  PENAL  LAW,  BE
 DIRECTED under any of the provisions of this article.
   § 4. Subdivision 13 of section 308.1 of the family court act, as added
 by  chapter 920 of the laws of 1982, is amended and a new subdivision 14
 is added to read as follows:
   13. The provisions of this section shall not apply where the  petition
 is  an  order  of  removal to the family court pursuant to article seven
 hundred twenty-five of the criminal procedure  law  AGAINST  A  JUVENILE
 OFFENDER  AS  DEFINED  IN  SUBDIVISION  EIGHTEEN OF SECTION 10.00 OF THE
 PENAL LAW.
   14. NOTWITHSTANDING SUBDIVISIONS THREE,  FOUR  AND  THIRTEEN  OF  THIS
 SECTION,  THE  PROBATION SERVICE MAY ADJUST A PROCEEDING WHERE THE COURT
 HAS REFERRED A CASE TO THE PROBATION SERVICE IN ACCORDANCE WITH  SECTION
 320.6  OF THIS ARTICLE IN CONJUNCTION WITH OR SUBSEQUENT TO THE ISSUANCE
 OF AN ORDER PURSUANT TO SUBDIVISION ONE OF SECTION 345.1 OF THIS ARTICLE
 WHERE SUCH ORDER DOES NOT INCLUDE A FACT-FINDING FOR A CRIME  WHICH,  IF
 COMMITTED  BY  AN ADULT, WOULD CONSTITUTE A JUVENILE OFFENSE, DESIGNATED
 FELONY OR OFFENSE LISTED IN SUBDIVISION FOUR OF THIS  SECTION.  WHERE  A
 PROCEEDING  HAS BEEN REFERRED TO THE PROBATION SERVICE IN WHICH AN ORDER
 ISSUED PURSUANT TO SECTION 345.1 OF THIS ARTICLE CONSISTS  SOLELY  OF  A
 VIOLATION  AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL
 LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTO-
 BER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, THE  PROBATION
 SERVICE  SHALL ADJUST THE MATTER UNLESS GOOD CAUSE IS SHOWN AND IS DOCU-
 MENTED IN ITS RECORDS.
   § 5. Section 315.3 of the family court act is amended by adding a  new
 subdivision 4 to read as follows:
   4.  WHERE AN ORDER OF FACT-FINDING THAT INCLUDES SOLELY A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW COMMITTED
 BY A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTOBER FIRST,  TWO
 THOUSAND  NINETEEN, SEVENTEEN YEARS OF AGE, HAS BEEN ENTERED PURSUANT TO
 SECTION 345.1 OF THIS ARTICLE, THERE SHALL BE A  REBUTTABLE  PRESUMPTION
 THAT  THE  COURT  SHALL  ADJOURN  THE CASE IN CONTEMPLATION OF DISMISSAL
 PURSUANT TO THIS SECTION, REFER THE CASE TO THE  PROBATION  SERVICE  FOR
 ADJUSTMENT SERVICES PURSUANT TO SECTION 320.6 OF THIS ARTICLE OR DISMISS
 THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF THIS ARTICLE.
   §  6.  Subdivision  2  of  section  320.6  of the family court act, as
 amended by chapter 926 of the laws  of  1982,  is  amended  to  read  as
 follows:
   2.  At  the  initial  appearance  OR AT ANY SUBSEQUENT APPEARANCE, the
 court may[, with the consent  of  the  victim  or  complainant  and  the
 respondent,]  refer  a  case  to  the  probation  service for adjustment

 A. 8090--A                          3
 
 services.   THE PROBATION  SERVICE  SHALL  CONSIDER  THE  VIEWS  OF  THE
 COMPLAINANT AND THE IMPACT OF THE ALLEGED ACT OR ACTS OF JUVENILE DELIN-
 QUENCY UPON THE COMPLAINANT AND UPON THE COMMUNITY IN DETERMINING WHETH-
 ER  ADJUSTMENT  UNDER  THIS  SECTION WOULD BE SUITABLE. In the case of a
 designated felony petition, the consent of the presentment agency  shall
 [also]  be  required to refer a case to THE probation [services] SERVICE
 for adjustment services.  WHERE AN ORDER OF FACT-FINDING  THAT  INCLUDES
 SOLELY  A  VIOLATION AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF
 THE PENAL LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR,  COMMENC-
 ING ON OCTOBER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, HAS
 BEEN ENTERED PURSUANT TO SECTION 345.1 OF THIS ARTICLE, THERE SHALL BE A
 REBUTTABLE  PRESUMPTION  THAT  THE  COURT  SHALL  REFER  THE CASE TO THE
 PROBATION SERVICE FOR ADJUSTMENT SERVICES IN ACCORDANCE WITH THIS SUBDI-
 VISION, DISMISS THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF
 THIS ARTICLE OR ADJOURN THE CASE IN CONTEMPLATION OF DISMISSAL  PURSUANT
 TO SECTION 315.3 OF THIS ARTICLE.
   §  7. Section 345.1 of the family court act is amended by adding a new
 subdivision 3 to read as follows:
   3. WHERE AN ORDER OF FACT-FINDING THAT INCLUDES SOLELY A VIOLATION  AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW COMMITTED
 BY  A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTOBER FIRST, TWO
 THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, HAS BEEN ENTERED PURSUANT  TO
 SUBDIVISION ONE OF THIS SECTION, THERE SHALL BE A REBUTTABLE PRESUMPTION
 THAT THE COURT SHALL REFER THE CASE TO THE PROBATION SERVICE FOR ADJUST-
 MENT  SERVICES IN ACCORDANCE WITH SECTION 320.6 OF THIS ARTICLE, DISMISS
 THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF THIS ARTICLE OR
 ADJOURN THE CASE IN CONTEMPLATION OF DISMISSAL PURSUANT TO SECTION 315.3
 OF THIS ARTICLE.
   § 8. Subdivision 1 of section  350.1  of  the  family  court  act,  as
 amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
 follows:
   1. If the respondent is detained  and  has  not  been  found  to  have
 committed  a  designated  felony  act  the  dispositional  hearing shall
 commence not more than ten days after the entry of an order pursuant  to
 subdivision  one of section 345.1 OF THIS ARTICLE, except as provided in
 subdivision three OF  THIS  SECTION;  PROVIDED,  HOWEVER,  THAT  IF  THE
 RESPONDENT  HAS  BEEN  FOUND  TO  HAVE  COMMITTED  SOLELY A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00  OF  THE  PENAL  LAW,  THE
 RESPONDENT SHALL NOT BE DETAINED PENDING DISPOSITION.
   §  9. Subdivision 4 of section 352.2 of the family court act, as added
 by section 56-b of part WWW of chapter  59  of  the  laws  of  2017,  is
 amended to read as follows:
   4.  Where  a  youth  receives  a juvenile delinquency adjudication for
 conduct committed when the youth was  [age]  sixteen  YEARS  OF  AGE  or
 [older],  COMMENCING  ON OCTOBER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN
 YEARS OF AGE, that would SOLELY constitute a  violation  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION 10.00 OF THE PENAL LAW AND IF THE PRESUMP-
 TION PURSUANT TO SUBDIVISION THREE OF SECTION 345.1 OF THIS ARTICLE  HAS
 BEEN  REBUTTED,  the  court  shall  have  the power to enter an order of
 disposition in accordance with [paragraphs] PARAGRAPH (a) [and  (b)]  of
 subdivision  one  of  this section. THE COURT SHALL NOT ORDER DETENTION,
 PROBATION OR PLACEMENT OF A YOUTH SOLELY ADJUDICATED UNDER THIS SUBDIVI-
 SION.
   § 10. Subdivision 6 of section 360.3 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:

 A. 8090--A                          4

   6. At the conclusion of the hearing the court may revoke, continue  or
 modify  the  order  of  probation or conditional discharge. If the court
 revokes the order, it shall order a different  disposition  pursuant  to
 section 352.2 OF THIS ARTICLE PROVIDED, HOWEVER, THAT IF THE COURT FINDS
 A  VIOLATION  OF  AN ORDER OF CONDITIONAL DISCHARGE WHERE THE UNDERLYING
 FINDING HAD BEEN FOR AN ACT SOLELY CONSTITUTING A VIOLATION  AS  DEFINED
 IN  SUBDIVISION  THREE  OF SECTION 10.00 OF THE PENAL LAW, THE COURT MAY
 MODIFY THE CONDITIONS OF THE CONDITIONAL DISCHARGE BUT MAY NOT ORDER ANY
 OTHER DISPOSITION UNDER SECTION 352.2 OF  THIS  ARTICLE.  If  the  court
 continues  the  order  of  probation  or conditional discharge, it shall
 dismiss the petition of violation.
   § 11. Section 375.2 of the family court act is amended by adding a new
 subdivision 7 to read as follows:
   7. WHERE AN ORDER OF FACT-FINDING HAS BEEN ISSUED PURSUANT TO SUBDIVI-
 SION ONE OF SECTION  345.1  OF  THIS  ARTICLE  THAT  INCLUDES  SOLELY  A
 VIOLATION  AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL
 LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTO-
 BER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF  AGE,  THE  RECORDS
 SHALL  BE  SEALED  AUTOMATICALLY  AT THE EXPIRATION, AS APPLICABLE, OF A
 SUCCESSFUL PERIOD OF AN  ADJUSTMENT,  ADJOURNMENT  IN  CONTEMPLATION  OF
 DISMISSAL OR CONDITIONAL DISCHARGE.
   §  12.  Subdivision 1 of section 510.15 of the criminal procedure law,
 as amended by section 36 of part WWW of chapter 59 of the laws of  2017,
 is amended to read as follows:
   1.  When  a  principal who is under the age of sixteen 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 office of children and
 family services as a juvenile detention facility for  the  reception  of
 children.   When a principal who (a) commencing October first, two thou-
 sand eighteen, is sixteen years of age; or (b) commencing October first,
 two thousand nineteen, is sixteen or seventeen years of age, is  commit-
 ted  to the custody of the sheriff, the court must direct that the prin-
 cipal be taken to and lodged in a place certified by the office of chil-
 dren and family services in conjunction with  the  state  commission  of
 correction as a specialized secure juvenile detention facility for older
 youth.    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 juvenile detention facility continue to be deemed to
 be in the custody of the sheriff. No principal under the  age  specified
 to  whom  the  provisions of this section may apply shall be detained in
 any prison, 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 office of children and family services which shall
 consult with the commission of correction if the  principal  is  sixteen
 years of age or older in the case of each principal and the statement of
 its  reasons therefor; NOR SHALL A PRINCIPAL UNDER THE AGE SPECIFIED WHO
 IS CHARGED SOLELY WITH A VIOLATION AS DEFINED IN  SUBDIVISION  THREE  OF
 SECTION  10.00  OF  THE  PENAL  LAW BE SUBJECT TO DETENTION. 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.
   § 13. This act shall take effect immediately.

2019-A8090B (ACTIVE) - Details

Law Section:: Family Court Act
Laws Affected:: Amd Fam Ct Act, generally; amd §510.15, CP L
Versions Introduced in 2021-2022 Legislative Session:: A7706

2019-A8090B (ACTIVE) - Summary

2019-A8090B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8090--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families -- reported and referred to the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported and referred to the  Commit-
   tee  on  Rules  --  Rules  Committee discharged, bill amended, ordered
   reprinted as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the family court act and the criminal procedure law,  in
   relation  to  juvenile delinquency charges of violations in the family
   court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 301.2 of the family court act, as
 amended by section 56 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   1.  "Juvenile  delinquent"  means  a  person  over seven and less than
 [sixteen years of age, or commencing  on  October  first,  two  thousand
 eighteen  a person over seven and less than] seventeen years of age, and
 commencing October first, two thousand nineteen, a person over seven and
 less than eighteen years of age, who, having committed an act that would
 constitute a crime IF COMMITTED BY AN  ADULT,  or  (WITH  RESPECT  TO  A
 PERSON  OVER  SIXTEEN  AND LESS THAN SEVENTEEN YEARS OF AGE OR, A PERSON
 OVER SIXTEEN AND LESS THAN EIGHTEEN  YEARS  OF  AGE  COMMENCING  OCTOBER
 FIRST,  TWO  THOUSAND  NINETEEN)  a  violation AS DEFINED BY SUBDIVISION
 THREE OF SECTION 10.00 OF THE PENAL LAW IF COMMITTED BY AN ADULT,  where
 such  violation  is  alleged to have occurred in the same transaction or
 occurrence of the alleged criminal act[, if committed by an adult],  AND
 WHERE SUCH PERSON: (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 criminal procedure law.
   §  2. Subdivision 3 of section 302.1 of the family court act, as added
 by section 56-a of part WWW of chapter  59  of  the  laws  of  2017,  is
 amended to read as follows:

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13096-06-9

 A. 8090--B                          2
 
   3.  [Whenever]  WITH  RESPECT  TO  A  YOUTH OVER SIXTEEN AND LESS THAN
 SEVENTEEN YEARS OF AGE OR, A PERSON OVER SIXTEEN AND LESS THAN  EIGHTEEN
 YEARS OF AGE COMMENCING OCTOBER FIRST, TWO THOUSAND NINETEEN, WHENEVER a
 crime and a violation arise out of the same transaction or occurrence, a
 charge  alleging both offenses shall be made returnable before the court
 having jurisdiction over the crime. Nothing  herein  provided  shall  be
 construed  to  prevent  a  court,  having  jurisdiction over a violation
 relating to a criminal act from lawfully entering an order in accordance
 with SECTION 345.1 of this article where such order is  not  based  upon
 the count or counts of the petition alleging such criminal act.
   §  3.  Subdivision  3  of  section  304.1  of the family court act, as
 amended by section 59 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   3.  The  detention  of  a  child  under  ten  years of age in a secure
 detention facility shall not be directed, NOR SHALL THE DETENTION  OF  A
 CHILD ADJUDICATED SOLELY FOR AN ACT THAT WOULD CONSTITUTE A VIOLATION AS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  10.00 OF THE PENAL LAW, BE
 DIRECTED under any of the provisions of this article.
   § 4. Subdivision 13 of section 308.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended and a new subdivision  14
 is added to read as follows:
   13.  The provisions of this section shall not apply where the petition
 is an order of removal to the family court  pursuant  to  article  seven
 hundred  twenty-five  of  the  criminal procedure law AGAINST A JUVENILE
 OFFENDER AS DEFINED IN SUBDIVISION EIGHTEEN  OF  SECTION  10.00  OF  THE
 PENAL LAW.
   14.  NOTWITHSTANDING  SUBDIVISIONS  THREE,  FOUR  AND THIRTEEN OF THIS
 SECTION, THE PROBATION SERVICE MAY ADJUST A PROCEEDING WHERE  THE  COURT
 HAS  REFERRED A CASE TO THE PROBATION SERVICE IN ACCORDANCE WITH SECTION
 320.6 OF THIS ARTICLE IN CONJUNCTION WITH OR SUBSEQUENT TO THE  ISSUANCE
 OF AN ORDER PURSUANT TO SUBDIVISION ONE OF SECTION 345.1 OF THIS ARTICLE
 WHERE  SUCH ORDER DOES NOT INCLUDE A FACT-FINDING FOR AN ACT WHICH WOULD
 CONSTITUTE A JUVENILE OFFENSE, DESIGNATED FELONY OR  OFFENSE  LISTED  IN
 SUBDIVISION  FOUR  OF THIS SECTION. WHERE A PROCEEDING HAS BEEN REFERRED
 TO THE PROBATION SERVICE IN WHICH AN ORDER ISSUED  PURSUANT  TO  SECTION
 345.1  OF  THIS  ARTICLE  CONSISTS  SOLELY  OF A VIOLATION AS DEFINED IN
 SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW COMMITTED BY A JUVE-
 NILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTOBER FIRST, TWO  THOUSAND
 NINETEEN, SEVENTEEN YEARS OF AGE, THE PROBATION SERVICE SHALL ADJUST THE
 MATTER UNLESS GOOD CAUSE IS SHOWN AND IS DOCUMENTED IN ITS RECORDS.
   §  5. Section 315.3 of the family court act is amended by adding a new
 subdivision 4 to read as follows:
   4. WHERE AN ORDER OF FACT-FINDING THAT INCLUDES SOLELY A VIOLATION  AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW COMMITTED
 BY  A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTOBER FIRST, TWO
 THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, HAS BEEN ENTERED PURSUANT  TO
 SECTION  345.1  OF THIS ARTICLE, THERE SHALL BE A REBUTTABLE PRESUMPTION
 THAT THE COURT SHALL ADJOURN THE  CASE  IN  CONTEMPLATION  OF  DISMISSAL
 PURSUANT  TO  THIS  SECTION, REFER THE CASE TO THE PROBATION SERVICE FOR
 ADJUSTMENT SERVICES PURSUANT TO SECTION 320.6 OF THIS ARTICLE OR DISMISS
 THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF THIS ARTICLE.
   § 6. Subdivision 2 of section  320.6  of  the  family  court  act,  as
 amended  by  chapter  926  of  the  laws  of 1982, is amended to read as
 follows:
   2. At the initial appearance OR  AT  ANY  SUBSEQUENT  APPEARANCE,  the
 court  may[,  with  the  consent  of  the  victim or complainant and the

 A. 8090--B                          3

 respondent,] refer a  case  to  the  probation  service  for  adjustment
 services.    THE  PROBATION  SERVICE  SHALL  CONSIDER  THE  VIEWS OF THE
 COMPLAINANT AND THE IMPACT OF THE ALLEGED ACT OR ACTS OF JUVENILE DELIN-
 QUENCY UPON THE COMPLAINANT AND UPON THE COMMUNITY IN DETERMINING WHETH-
 ER  ADJUSTMENT  UNDER  THIS  SECTION WOULD BE SUITABLE. In the case of a
 designated felony petition, the consent of the presentment agency  shall
 [also]  be  required to refer a case to THE probation [services] SERVICE
 for adjustment services.  WHERE AN ORDER OF FACT-FINDING  THAT  INCLUDES
 SOLELY  A  VIOLATION AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF
 THE PENAL LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR,  COMMENC-
 ING ON OCTOBER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, HAS
 BEEN ENTERED PURSUANT TO SECTION 345.1 OF THIS ARTICLE, THERE SHALL BE A
 REBUTTABLE  PRESUMPTION  THAT  THE  COURT  SHALL  REFER  THE CASE TO THE
 PROBATION SERVICE FOR ADJUSTMENT SERVICES IN ACCORDANCE WITH THIS SUBDI-
 VISION, DISMISS THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF
 THIS ARTICLE OR ADJOURN THE CASE IN CONTEMPLATION OF DISMISSAL  PURSUANT
 TO SECTION 315.3 OF THIS ARTICLE.
   §  7. Section 345.1 of the family court act is amended by adding a new
 subdivision 3 to read as follows:
   3. WHERE AN ORDER OF FACT-FINDING THAT INCLUDES SOLELY A VIOLATION  AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL LAW COMMITTED
 BY  A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTOBER FIRST, TWO
 THOUSAND NINETEEN, SEVENTEEN YEARS OF AGE, HAS BEEN ENTERED PURSUANT  TO
 SUBDIVISION ONE OF THIS SECTION, THERE SHALL BE A REBUTTABLE PRESUMPTION
 THAT THE COURT SHALL REFER THE CASE TO THE PROBATION SERVICE FOR ADJUST-
 MENT  SERVICES IN ACCORDANCE WITH SECTION 320.6 OF THIS ARTICLE, DISMISS
 THE CASE PURSUANT TO SUBDIVISION TWO OF SECTION 352.1 OF THIS ARTICLE OR
 ADJOURN THE CASE IN CONTEMPLATION OF DISMISSAL PURSUANT TO SECTION 315.3
 OF THIS ARTICLE.
   § 8. Subdivision 1 of section  350.1  of  the  family  court  act,  as
 amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
 follows:
   1. If the respondent is detained  and  has  not  been  found  to  have
 committed  a  designated  felony  act  the  dispositional  hearing shall
 commence not more than ten days after the entry of an order pursuant  to
 subdivision  one of section 345.1 OF THIS ARTICLE, except as provided in
 subdivision three OF  THIS  SECTION;  PROVIDED,  HOWEVER,  THAT  IF  THE
 RESPONDENT  HAS  BEEN  FOUND  TO  HAVE  COMMITTED  SOLELY A VIOLATION AS
 DEFINED IN SUBDIVISION THREE OF SECTION 10.00  OF  THE  PENAL  LAW,  THE
 RESPONDENT SHALL NOT BE DETAINED PENDING DISPOSITION.
   §  9. Subdivision 4 of section 352.2 of the family court act, as added
 by section 56-b of part WWW of chapter  59  of  the  laws  of  2017,  is
 amended to read as follows:
   4.  Where  a  youth  receives  a juvenile delinquency adjudication for
 conduct committed when the youth was  [age]  sixteen  YEARS  OF  AGE  or
 [older],  COMMENCING  ON OCTOBER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN
 YEARS OF AGE, that would SOLELY constitute a  violation  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION 10.00 OF THE PENAL LAW AND IF THE PRESUMP-
 TION PURSUANT TO SUBDIVISION THREE OF SECTION 345.1 OF THIS ARTICLE  HAS
 BEEN  REBUTTED,  the  court  shall  have  the power to enter an order of
 disposition in accordance with [paragraphs] PARAGRAPH (a) [and  (b)]  of
 subdivision  one  of  this section. THE COURT SHALL NOT ORDER DETENTION,
 PROBATION OR PLACEMENT OF A YOUTH SOLELY ADJUDICATED UNDER THIS SUBDIVI-
 SION.
   § 10. Subdivision 6 of section 360.3 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:

 A. 8090--B                          4
 
   6. At the conclusion of the hearing the court may revoke, continue  or
 modify  the  order  of  probation or conditional discharge. If the court
 revokes the order, it shall order a different  disposition  pursuant  to
 section 352.2 OF THIS ARTICLE PROVIDED, HOWEVER, THAT IF THE COURT FINDS
 A  VIOLATION  OF  AN ORDER OF CONDITIONAL DISCHARGE WHERE THE UNDERLYING
 FINDING HAD BEEN FOR AN ACT SOLELY CONSTITUTING A VIOLATION  AS  DEFINED
 IN  SUBDIVISION  THREE  OF SECTION 10.00 OF THE PENAL LAW, THE COURT MAY
 MODIFY THE CONDITIONS OF THE CONDITIONAL DISCHARGE BUT MAY NOT ORDER ANY
 OTHER DISPOSITION UNDER SECTION 352.2 OF  THIS  ARTICLE.  If  the  court
 continues  the  order  of  probation  or conditional discharge, it shall
 dismiss the petition of violation.
   § 11. Section 375.2 of the family court act is amended by adding a new
 subdivision 7 to read as follows:
   7. WHERE AN ORDER OF FACT-FINDING HAS BEEN ISSUED PURSUANT TO SUBDIVI-
 SION ONE OF SECTION  345.1  OF  THIS  ARTICLE  THAT  INCLUDES  SOLELY  A
 VIOLATION  AS DEFINED IN SUBDIVISION THREE OF SECTION 10.00 OF THE PENAL
 LAW COMMITTED BY A JUVENILE SIXTEEN YEARS OF AGE OR, COMMENCING ON OCTO-
 BER FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OF  AGE,  THE  RECORDS
 SHALL  BE  SEALED  AUTOMATICALLY  AT THE EXPIRATION, AS APPLICABLE, OF A
 SUCCESSFUL PERIOD OF AN  ADJUSTMENT,  ADJOURNMENT  IN  CONTEMPLATION  OF
 DISMISSAL OR CONDITIONAL DISCHARGE.
   §  12.  Subdivision 1 of section 510.15 of the criminal procedure law,
 as amended by section 36 of part WWW of chapter 59 of the laws of  2017,
 is amended to read as follows:
   1.  When  a  principal who is under the age of sixteen 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 office of children and
 family services as a juvenile detention facility for  the  reception  of
 children.   When a principal who (a) commencing October first, two thou-
 sand eighteen, is sixteen years of age; or (b) commencing October first,
 two thousand nineteen, is sixteen or seventeen years of age, is  commit-
 ted  to the custody of the sheriff, the court must direct that the prin-
 cipal be taken to and lodged in a place certified by the office of chil-
 dren and family services in conjunction with  the  state  commission  of
 correction as a specialized secure juvenile detention facility for older
 youth.    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 juvenile detention facility continue to be deemed to
 be in the custody of the sheriff. No principal under the  age  specified
 to  whom  the  provisions of this section may apply shall be detained in
 any prison, 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 office of children and family services which shall
 consult with the commission of correction if the  principal  is  sixteen
 years of age or older in the case of each principal and the statement of
 its  reasons therefor; NOR SHALL A PRINCIPAL UNDER THE AGE SPECIFIED WHO
 IS CHARGED SOLELY WITH A VIOLATION AS DEFINED IN  SUBDIVISION  THREE  OF
 SECTION  10.00  OF  THE  PENAL  LAW BE SUBJECT TO DETENTION. 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.
   § 13. This act shall take effect immediately.

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Assembly Bill A8090B

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Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2019-A8090 - Details

2019-A8090 - Summary

2019-A8090 - Bill Text download pdf

2019-A8090A - Details

2019-A8090A - Summary

2019-A8090A - Bill Text download pdf

2019-A8090B (ACTIVE) - Details

2019-A8090B (ACTIVE) - Summary

2019-A8090B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A8090B

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Sponsored By

DAVILA

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

2019-A8090 - Details

2019-A8090 - Summary

2019-A8090 - Bill Text download pdf

2019-A8090A - Details

2019-A8090A - Summary

2019-A8090A - Bill Text download pdf

2019-A8090B (ACTIVE) - Details

2019-A8090B (ACTIVE) - Summary

2019-A8090B (ACTIVE) - Bill Text download pdf

Comments