Assembly Bill A3167

2023-2024 Legislative Session

Prohibits removal of adolescent offenders to family court in certain circumstances

download bill text pdf

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Current 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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2023-A3167 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §722.23, CP L
Versions Introduced in 2021-2022 Legislative Session:
A9254

2023-A3167 (ACTIVE) - Summary

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

2023-A3167 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3167
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred 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.
                                                            LBD02048-01-3

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