S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7070
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to proceedings
   involving adolescent offenders and the possession or use of weapons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 722.10 of the criminal procedure law is amended by
 adding a new subdivision 3 to read as follows:
   3. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, JUDGES PRESIDING  IN
 THE  YOUTH PART SHALL HAVE ACCESS TO ALL FAMILY COURT RECORDS, INCLUDING
 RECORDS RELATED TO PREVIOUS  JUVENILE  DELINQUENCY  PROCEEDINGS  BROUGHT
 AGAINST THE DEFENDANT. ANY SUCH RELEVANT RECORDS SHALL BE MADE AVAILABLE
 TO  THE PARTIES IN THE ACTION BEFORE THE YOUTH PART PRIOR TO ARRAIGNMENT
 IN SUCH ACTION.
   § 2. Paragraph (d) of subdivision 1 of 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:
   (d) The court shall deny the motion to prevent removal of  the  action
 in youth part unless the court makes a determination upon such motion by
 the district attorney that extraordinary circumstances exist that should
 prevent  the transfer of the action to family court. FOR THE PURPOSES OF
 THIS PARAGRAPH, THE COURT MAY FIND EXTRAORDINARY CIRCUMSTANCES WHERE THE
 DEFENDANT IS ACCUSED OF AN OFFENSE INVOLVING  THE  USE,  POSSESSION,  OR
 DISPLAY  OF A FIREARM, SHOTGUN, RIFLE OR OTHER DEADLY WEAPON. NOTHING IN
 THIS SECTION SHALL PREVENT THE COURT FROM FINDING EXTRAORDINARY  CIRCUM-
 STANCES  EXIST  BASED  UPON  A FINDING THAT THE DEFENDANT HAS PREVIOUSLY
 BEEN CONVICTED OF AN OFFENSE INVOLVING THE ILLEGAL USE,  POSSESSION,  OR
 DISPLAY  OF A FIREARM, SHOTGUN, RIFLE OR OTHER DEADLY WEAPON OR THAT THE
 DEFENDANT WAS PREVIOUSLY ADJUDICATED AS A  YOUTHFUL  OFFENDER,  JUVENILE
 OFFENDER  OR  JUVENILE  DELINQUENT  BASED  UPON AN OFFENSE INVOLVING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10807-01-3
 A. 7070                             2
              

 
 ILLEGAL USE, POSSESSION OR DISPLAY OF A FIREARM, SHOTGUN, RIFLE OR OTHER
 DEADLY WEAPON.
   §  3. Paragraph (c) of subdivision 2 of 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:
   (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  USED, POSSESSED OR displayed a firearm, shotgun,
 rifle or deadly weapon as defined in the penal law  [in  furtherance  of
 such offense]; or
   (iii)  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.
   § 4. This act shall take effect immediately.