Senate Bill S8938

2023-2024 Legislative Session

Relates to proceedings involving adolescent offenders and the possession or use of weapons

download bill text pdf

Sponsored By

Current 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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2023-S8938 (ACTIVE) - Details

See Assembly Version of this Bill:
A7070
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§722.10 & 722.23, CP L

2023-S8938 (ACTIVE) - Summary

Relates to proceedings involving adolescent offenders and the possession or use of weapons; provides for the access of applicable records; expands the meaning of extraordinary circumstances to include when the defendant is accused of an offense involving the use, possession, or display of a firearm, shotgun, rifle or other deadly weapon.

2023-S8938 (ACTIVE) - Sponsor Memo

2023-S8938 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8938
 
                             I N  S E N A T E
 
                               April 1, 2024
                                ___________
 
 Introduced  by Sens. SCARCELLA-SPANTON, MURRAY -- 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  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
 ILLEGAL USE, POSSESSION OR DISPLAY OF A FIREARM, SHOTGUN, RIFLE OR OTHER
 DEADLY WEAPON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10807-01-3
 S. 8938                             2
              

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