Senate Bill S8307

2021-2022 Legislative Session

Prohibits removal of adolescent offenders to family court in certain circumstances

download bill text pdf

Sponsored By

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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2021-S8307 (ACTIVE) - Details

See Assembly Version of this Bill:
A9254
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §722.23, CP L
Versions Introduced in 2023-2024 Legislative Session:
A3167

2021-S8307 (ACTIVE) - Summary

Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.

2021-S8307 (ACTIVE) - Sponsor Memo

2021-S8307 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8307
 
                             I N  S E N A T E
 
                             February 10, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   removal  of  adolescent   offenders to family court in certain circum-
   stances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (c)  of subdivision 2 of section 722.23 of the
 criminal procedure law, as amended by section 1-a of part WWW of chapter
 59 of the laws of 2017, is amended to read as follows:
   (c) The court shall order the action to  proceed  in  accordance  with
 subdivision  one  of this section unless, after reviewing the papers and
 hearing from the parties, the  court  determines  in  writing  that  the
 district  attorney proved by a preponderance of the evidence one or more
 of the following as set forth in the accusatory instrument:
   (i) the defendant caused significant physical injury to a person other
 than a participant in the offense; or
   (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
 on as defined in the penal law in furtherance of such offense; or
   (iii) THE DEFENDANT POSSESSED A LOADED FIREARM AS DEFINED IN  SUBDIVI-
 SION FIFTEEN OF SECTION 265.00 OF THE PENAL LAW DURING THE COMMISSION OF
 THE OFFENSE; OR
   (IV)  the  defendant  unlawfully  engaged  in sexual intercourse, oral
 sexual conduct, anal sexual conduct or  sexual  contact  as  defined  in
 section 130.00 of the penal law.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14428-01-2

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