Assembly Bill A9173A

2021-2022 Legislative Session

Relates to the prosecution of certain juveniles between the ages of 16 and 18 charged with certain felony offenses, including possession of a firearm

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2021-A9173 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§722.23, 722.21 & 722.22, CP L; amd §§381.1, 381.3 & 302.2, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
A7148

2021-A9173 - Summary

Relates to the prosecution of certain juveniles between the ages of 16 and 18 charged with certain felony offenses, including possession of a firearm; relates to the transfer of such cases to family court.

2021-A9173 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9173
 
                           I N  A S S E M B L Y
 
                             February 7, 2022
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to the detention of certain juveniles  charged  with  certain
   felony crimes and the handling of such cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 3  of  section  259-i  of  the
 executive  law  is  amended by adding a new subparagraph (ix) to read as
 follows:
   (IX) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS  PARAGRAPH,  WHEN  A
 PERSON  SIXTEEN  YEARS  OF AGE OR OLDER AND UNDER THE AGE OF EIGHTEEN IS
 CHARGED WITH A CLASS A FELONY, A VIOLENT FELONY  OFFENSE,  OR  A  FELONY
 INVOLVING THE USE OR POSSESSION OF A FIREARM TAKEN INTO CUSTODY PURSUANT
 TO  THIS  SECTION, SUCH PERSON SHALL BE DETAINED IN A PLACE CERTIFIED BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES AS A  SECURE  OR  SPECIALIZED
 SECURE  DETENTION  FACILITY,  AS APPROPRIATE OR, WHEN SUCH A FACILITY IS
 UNAVAILABLE, THE OFFICER HAVING CUSTODY OF SUCH PERSON OR  OTHER  APPRO-
 PRIATE  OFFICIAL  SHALL  PETITION  THE  SENTENCING COURT FOR APPROVAL TO
 LODGE THE PERSON IN A LOCAL CORRECTIONAL FACILITY. IF  THE  COURT  FINDS
 THAT  IT WOULD BE IN THE INTEREST OF JUSTICE FOR THE ALLEGED VIOLATOR TO
 BE LODGED IN A LOCAL CORRECTIONAL FACILITY,  THE  COURT  SHALL  ISSUE  A
 WRITTEN  ORDER  SO  INDICATING,  AND  SHALL HOLD A HEARING AT LEAST ONCE
 EVERY THIRTY DAYS TO DETERMINE IF SUCH LODGING CONTINUES TO  BE  IN  THE
 INTEREST  OF JUSTICE. NO ALLEGED VIOLATOR TO WHOM THE PROVISIONS OF THIS
 SUBPARAGRAPH APPLY MAY BE DETAINED IN A LOCAL CORRECTIONAL FACILITY  FOR
 LONGER  THAN  ONE  HUNDRED  EIGHTY  DAYS UNLESS THE VIOLATOR WAIVES SUCH
 LIMITATION OR THE COURT FINDS GOOD CAUSE FOR SUCH  CONTINUED  DETENTION.
 NO  ALLEGED VIOLATOR UNDER THE AGE OF EIGHTEEN TO WHOM THE PROVISIONS OF
 THIS SECTION APPLY MAY HAVE SIGHT OR SOUND CONTACT WITH ADULTS INCARCER-
 ATED IN THE LOCAL CORRECTIONAL FACILITY.
   § 2.   Section 510.15 of the criminal  procedure  law  is  amended  by
 adding a new subdivision 3 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14468-03-2
              

co-Sponsors

2021-A9173A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§722.23, 722.21 & 722.22, CP L; amd §§381.1, 381.3 & 302.2, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
A7148

2021-A9173A (ACTIVE) - Summary

Relates to the prosecution of certain juveniles between the ages of 16 and 18 charged with certain felony offenses, including possession of a firearm; relates to the transfer of such cases to family court.

2021-A9173A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9173--A
 
                           I N  A S S E M B L Y
 
                             February 7, 2022
                                ___________
 
 Introduced  by M. of A. CUSICK, WOERNER, BUTTENSCHON, McDONALD, CYMBROW-
   ITZ, GRIFFIN, ABBATE, THIELE, WALLACE, EICHENSTEIN --  read  once  and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the criminal procedure law and the family court act, in
   relation to the prosecution of certain juveniles charged with  certain
   felony crimes and the handling of such cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 722.23 of the criminal procedure law, as  added  by
 section 1-a of part WWW of chapter 59 of the laws of 2017, is amended to
 read as follows:
 § 722.23 Removal of adolescent offenders to family court.
   1.  (a)  Following the arraignment of a defendant charged with a crime
 committed when he or she was sixteen[,] or  [commencing  October  first,
 two  thousand  nineteen,] seventeen years of age, other than any class A
 felony except for those defined in article two  hundred  twenty  of  the
 penal law, a violent felony defined in section 70.02 of the penal law or
 a  felony  listed  in  paragraph  one or two of subdivision forty-two of
 section 1.20 of this chapter, A  FELONY  IN  VIOLATION  OF  ARTICLE  TWO
 HUNDRED  SIXTY-FIVE  OF  THE  PENAL  LAW, or an offense set forth in the
 vehicle and traffic law, the court shall order the removal of the action
 to the family court in accordance  with  the  applicable  provisions  of
 article  seven  hundred  twenty-five of this title unless, within thirty
 calendar days of such arraignment, the district attorney makes a  motion
 to  prevent  removal  of the action pursuant to this subdivision. If the
 defendant fails to report to the probation department as  directed,  the
 thirty  day  time  period  shall  be tolled until such time as he or she
 reports to the probation department.
   (b) A motion to prevent removal of an action in youth  part  shall  be
 made  in  writing  and  upon  prompt notice to the defendant. The motion
 shall contain allegations of sworn fact based upon personal knowledge of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14468-04-2
              

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