NY State Senate Bill 2023-S9930

Senate Bill S9930

2023-2024 Legislative Session

Increases certain penalties for certain crimes relating to criminal possession of a weapon or firearm and to the release of information pertaining to youthful and adolescent offenders; repealer

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Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 11, 2024	referred to rules

2023-S9930 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; rpld §89 sub 2 ¶(b) sub ¶(viii), Pub Off L; amd §§720.15, 722.21, 722.23 & 720.35, CP L; amd §380.1, Fam Ct Act

2023-S9930 (ACTIVE) - Summary

Increases certain penalties for certain crimes relating to criminal possession of a weapon or firearm; relates to the release of information to the public, schools or law enforcement pertaining to youthful and adolescent offenders; establishes the crime of criminal solicitation of a minor in a violent felony; repeals certain provisions relating to disclosure of law enforcement arrest or booking photographs of an individual.

2023-S9930 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9930

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the penal law, in relation to penalties for certain
crimes involving criminal possession of a weapon or firearm; to amend
the criminal procedure law and the family court act, in relation to the
release of information pertaining to youthful and adolescent offenders;
to amend the penal law, in relation to establishing the crime of crimi-
nal solicitation of a minor in a violent felony; and to repeal certain
provisions of the public officers law relating to disclosure of law
enforcement arrest or booking photographs of an individual

 
PURPOSE:

To repeal portions of the state's "Raise the Age" law given the numerous
violent felonies being committed by youths across the state.  The legis-
lation also aims to enhance penalties for violent felonies committed
with a firearm and penalties for those who knowingly p ush youth to
commit violent crimes. It also repeals previous regulations preventing
the release of mugshots of violent offenders.

 
SUMMARY OF PROVISIONS:

Section 1: Changes the classification of "criminal possession of a weap-
on in the fourth degree" from a Class A misdemeanor to a Class E felony.

Section 2: Upgrades "criminal possession of a weapon on school grounds"
from a Class E felony to a Class D felony.

Section 3: Reclassifies "criminal possession of a firearm" from a Class
E felony to a Class D felony.

Section 4: Increases "criminal possession of a weapon in the third
degree" to a Class C felony.

Section 5: Elevates "criminal possession of a weapon in the second
degree" to a Class B felony.

Section 6: Upgrades "criminal possession of a weapon in the first
degree" to a Class A-I felony.

Section 7: Reclassifies "criminal use of a firearm in the second degree"
as a Class B felony.

Section 8: Defines "criminal use of a firearm in the first degree" as a
Class A-I felony, outlining sentencing guidelines, including additional
consecutive sentences in specific cases.

Section 9: Changes "aggravated criminal possession of a weapon" to a
Class B felony.

Section 10: Updates the list of Class B violent felonies, adding crimes
related to weapon possession and criminal solicitation of min ors.

Section 11: Revises sentencing requirements for Class D violent felonies
involving firearms, aligning them with guidelines for higher penalties
set forth in previous sections.
Section 12: Adjusts sentencing for various violent felony classifica-
tions to include mandatory minimums and determinate sentences, em
phasizing longer prison terms for firearm-related felonies.

Section 13: Specifies sentencing ranges for Class C and D felonies
involving firearms and violent crimes, mandating minimum prison te rms.

Section 14: Repeals subparagraph (viii) of paragraph (b) of subdivision
2 of section 89 of the public officers' law regarding the rel ease of
mugshots of violent felons.

Section 15: Grants law enforcement the authority to release the names
and booking photos of youths charged with violent felonies invo lving
firearms.

Section 16: Allows detention of adolescent offenders charged with
firearm felonies if deemed a threat, based on criminal history, aff
iliations, and the nature of the offense.

Section 17: Amends criteria for transferring certain juvenile cases to
criminal court, particularly for cases involving firearm-related crimes
or when they attempted to cause physical injury to another individual.

Section 18: Mandates that schools be notified of juvenile adjudications
for violent felonies, detailing the conditions for accessing and manag-
ing this information for safety purposes.

Section 19: Outlines confidentiality provisions for records involving
youthful offenders but allows limited access for educational of ficials
to ensure school safety.

Section 20: Introduces a new offense, "criminal solicitation of a minor
in a violent felony," defining it as a Class B felony for adu lts solic-
iting minors to commit violent crimes.

Section 21: Sets the effective date.

 
JUSTIFICATION:

Following the passage of "Raise the Age" legislation in 2018, New York
State has seen a rise in violent felonies across the state com mitted by
youthful offenders. This legislation aims to address the issues caused
by Raise the Age, give more discretion to prosecutor s and law enforce-
ment, and raise penalties for the spread of illegal firearms and those
who take advantage of youth to commit violent crimes on their behalf.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9930 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9930
 
                             I N  S E N A T E
 
                             October 11, 2024
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in  relation  to  penalties  for  certain
   crimes  involving criminal possession of a weapon or firearm; to amend
   the criminal procedure law and the family court act,  in  relation  to
   the  release  of  information  pertaining  to  youthful and adolescent
   offenders; to amend the penal law, in  relation  to  establishing  the
   crime  of criminal solicitation of a minor in a violent felony; and to
   repeal certain provisions of  the  public  officers  law  relating  to
   disclosure  of  law  enforcement  arrest  or booking photographs of an
   individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The closing paragraph of section 265.01 of the penal law,
 as amended by chapter 1 of the laws of  2013,  is  amended  to  read  as
 follows:
   Criminal  possession  of  a  weapon in the fourth degree is a class [A
 misdemeanor] E FELONY.
   § 2. The second undesignated paragraph  of  section  265.01-a  of  the
 penal  law, as separately amended by chapters 138 and 354 of the laws of
 2019, is amended to read as follows:
   Criminal possession of a weapon on school grounds is  a  class  [E]  D
 felony.
   §  3.  The  closing paragraph of section 265.01-b of the penal law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   Criminal possession of a firearm is a class [E] D felony.
   § 4. The closing paragraph of section 265.02  of  the  penal  law,  as
 amended  by  chapter  764  of  the  laws  of 2005, is amended to read as
 follows:
   Criminal possession of a weapon in the third degree is a class  [D]  C
 felony.
   §  5.  The  closing  paragraph  of section 265.03 of the penal law, as
 amended by chapter 742 of the laws  of  2006,  is  amended  to  read  as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16274-01-4
 S. 9930                             2
 
   Criminal  possession of a weapon in the second degree is a class [C] B
 felony.
   §  6.  The  closing  paragraph  of section 265.04 of the penal law, as
 amended by chapter 764 of the laws  of  2005,  is  amended  to  read  as
 follows:
   Criminal possession of a weapon in the first degree is a class [B] A-I
 felony.
   §  7.  The  closing  paragraph  of section 265.08 of the penal law, as
 added by chapter 233 of the laws of 1980, is amended to read as follows:
   Criminal use of a firearm in the second degree is a class [C] B  felo-
 ny.
   § 8. Section 265.09 of the penal law, as amended by chapter 650 of the
 laws  of  1996, and subdivision 2 as amended by chapter 1 of the laws of
 2013, is amended to read as follows:
 § 265.09 Criminal use of a firearm in the first degree.
   (1) A person is guilty of criminal use  of  a  firearm  in  the  first
 degree  when [he] SUCH PERSON commits any class B violent felony offense
 as defined in paragraph (a) of subdivision one of section 70.02 OF  THIS
 CHAPTER and [he] SUCH PERSON either:
   (a)  possesses  a deadly weapon, if the weapon is a loaded weapon from
 which a shot, readily capable of producing death or other serious injury
 may be discharged; or
   (b) displays what appears to be a pistol,  revolver,  rifle,  shotgun,
 machine gun or other firearm.
   Criminal use of a firearm in the first degree is a class [B] A-I felo-
 ny.
   (2)  Sentencing.  Notwithstanding  any  other  provision of law to the
 contrary, when a person is convicted of criminal use of a firearm in the
 first degree as defined in subdivision one of this  section,  the  court
 shall  impose  an  additional  consecutive sentence of five years to the
 sentence imposed on the underlying class B violent felony offense  where
 the person convicted of such crime displays a loaded weapon from which a
 shot,  readily capable of producing death or other serious injury may be
 discharged, in furtherance of the commission of  such  crime,  provided,
 however,  that  such  additional  sentence  shall  not be imposed if the
 court, having regard to the nature and circumstances of the crime and to
 the history and character of the defendant, finds  on  the  record  that
 such  additional consecutive sentence would be unduly harsh and that not
 imposing such sentence would be consistent with the  public  safety  and
 would  not  deprecate  the seriousness of the crime. Notwithstanding any
 other provision of law to the contrary, the aggregate of the  five  year
 consecutive  term  imposed  pursuant to this subdivision and the minimum
 term of the indeterminate sentence imposed on  the  underlying  class  B
 violent felony shall constitute the new aggregate minimum term of impri-
 sonment,  and  a  person subject to such term shall be required to serve
 the entire aggregate minimum term and shall not be eligible for  release
 on  parole  or  conditional  release  during such term. This subdivision
 shall not apply where the defendant's criminal liability for  displaying
 a loaded weapon from which a shot, readily capable of producing death or
 other serious injury may be discharged, in furtherance of the commission
 of crime is based on the conduct of another pursuant to section 20.00 of
 this chapter.
   §  9. The second undesignated paragraph of section 265.19 of the penal
 law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
 follows:
   Aggravated criminal possession of a weapon is a class [C] B felony.
 S. 9930                             3
 
   §  10.  Paragraphs  (a), (b), (c), and (d) of subdivision 1 of section
 70.02 of the penal law, paragraphs (a) and (c) as amended by chapter  23
 of  the laws of 2024, paragraph (b) as amended by chapter 94 of the laws
 of 2020, and paragraph (d) as amended by chapter 7 of the laws of  2007,
 are amended to read as follows:
   (a)  Class  B  violent felony offenses: an attempt to commit the class
 A-I felonies of murder in  the  second  degree  as  defined  in  section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson  in the first degree as defined in section 150.20[;], manslaughter
 in the first degree as defined in section 125.20, aggravated manslaught-
 er in the first degree as defined in section 125.22, rape in  the  first
 degree as defined in section 130.35, a crime formerly defined in section
 130.50,  aggravated  sexual  abuse  in  the  first  degree as defined in
 section 130.70, course of sexual conduct against a child  in  the  first
 degree  as  defined  in  section  130.75, assault in the first degree as
 defined in section 120.10, kidnapping in the second degree as defined in
 section 135.20, burglary in the  first  degree  as  defined  in  section
 140.30, arson in the second degree as defined in section 150.15, robbery
 in  the  first  degree  as defined in section 160.15, sex trafficking as
 defined in paragraphs (a) and (b) of subdivision five of section 230.34,
 sex trafficking of a child as defined in section 230.34-a, incest in the
 first degree as defined in section 255.27,  [criminal  possession  of  a
 weapon in the first degree as defined in section 265.04, criminal use of
 a  firearm  in  the  first degree as defined in section 265.09] CRIMINAL
 POSSESSION OF A WEAPON IN  THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION
 265.03,  CRIMINAL  USE  OF  A FIREARM IN THE SECOND DEGREE AS DEFINED IN
 SECTION 265.08, AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN
 SECTION 265.19, criminal sale of  a  firearm  in  the  first  degree  as
 defined in section 265.13, aggravated assault upon a police officer or a
 peace  officer  as  defined in section 120.11, gang assault in the first
 degree as defined in section 120.07, intimidating a victim or witness in
 the first degree as defined in section 215.17, hindering prosecution  of
 terrorism  in  the  first  degree as defined in section 490.35, criminal
 possession of a chemical weapon  or  biological  weapon  in  the  second
 degree  as  defined  in section 490.40, [and] criminal use of a chemical
 weapon or biological weapon in the third degree as  defined  in  section
 490.47,  AND  CRIMINAL  SOLICITATION  OF  A MINOR IN A VIOLENT FELONY AS
 DEFINED IN SECTION 100.14.
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency medical  services  professional  as  defined  in  section  120.08,
 assault  on  a  judge  as defined in section 120.09, gang assault in the
 second degree as defined in section 120.06, strangulation in  the  first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, burglary in the second degree as defined in section
 140.25,  robbery  in  the  second  degree  as defined in section 160.10,
 [criminal possession of a weapon in the  second  degree  as  defined  in
 section  265.03,  criminal  use  of  a  firearm  in the second degree as
 defined in section 265.08] CRIMINAL POSSESSION OF A WEAPON IN THE  THIRD
 DEGREE  AS  DEFINED IN SECTION 265.02, criminal sale of a firearm in the
 second degree as defined in section 265.12, criminal sale of  a  firearm
 with the aid of a minor as defined in section 265.14, [aggravated crimi-
 S. 9930                             4

 nal  possession of a weapon as defined in section 265.19,] soliciting or
 providing support for an act of terrorism in the first degree as defined
 in section 490.15, hindering prosecution  of  terrorism  in  the  second
 degree as defined in section 490.30, and criminal possession of a chemi-
 cal  weapon  or  biological  weapon  in  the  third degree as defined in
 section 490.37.
   (c) Class D violent felony offenses: an attempt to commit any  of  the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section  120.18, stalking in the first degree, as defined in subdivision
 one of section 120.60, strangulation in the second degree as defined  in
 section  121.12, rape in the second degree as defined in section 130.30,
 a crime formerly defined in section 130.45, sexual abuse  in  the  first
 degree  as defined in section 130.65, course of sexual conduct against a
 child in the second degree as  defined  in  section  130.80,  aggravated
 sexual  abuse  in the third degree as defined in section 130.66, facili-
 tating a sex offense with a controlled substance as defined  in  section
 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdi-
 vision  three of section 135.35, [criminal possession of a weapon in the
 third degree as defined in subdivision five, six, seven, eight, nine  or
 ten  of  section 265.02,] criminal sale of a firearm in the third degree
 as defined in section 265.11, intimidating a victim or  witness  in  the
 second  degree  as  defined  in  section 215.16, soliciting or providing
 support for an act of terrorism in  the  second  degree  as  defined  in
 section  490.10,  and  making a terroristic threat as defined in section
 490.20, falsely reporting an incident in the first degree as defined  in
 section 240.60, placing a false bomb or hazardous substance in the first
 degree  as  defined in section 240.62, placing a false bomb or hazardous
 substance in a sports stadium or arena, mass transportation facility  or
 enclosed  shopping  mall as defined in section 240.63, aggravated unper-
 mitted use of indoor pyrotechnics in the  first  degree  as  defined  in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable firearm, rifle or shotgun as defined in section 265.50.
   (d)  Class  E violent felony offenses: an attempt to commit any of the
 felonies of [criminal possession of a weapon  in  the  third  degree  as
 defined  in subdivision five, six, seven or eight of section 265.02 as a
 lesser included offense of that section as defined in section 220.20  of
 the  criminal  procedure  law,]  persistent  sexual  abuse as defined in
 section 130.53, aggravated sexual abuse in the fourth degree as  defined
 in  section 130.65-a, falsely reporting an incident in the second degree
 as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
 substance in the second degree as defined in section 240.61.
   §  11.    Paragraph (b) of subdivision 2 of section 70.02 of the penal
 law, as amended by section 122 of subpart B of part C of chapter  62  of
 the laws of 2011, is amended to read as follows:
   (b)  Except as provided in paragraph (b-1) of this subdivision, subdi-
 vision six of section 60.05 and subdivision four of  this  section,  the
 sentence imposed upon a person who stands convicted of a class D violent
 felony  offense,  other  than  the  offense of [criminal possession of a
 weapon in the third degree as defined  in  subdivision  five,  seven  or
 eight  of  section  265.02  or]  criminal sale of a firearm in the third
 degree as defined in section 265.11, must  be  in  accordance  with  the
 applicable provisions of this chapter relating to sentencing for class D
 felonies  provided,  however,  that  where a sentence of imprisonment is
 imposed  which  requires  a  commitment  to  the  state  department   of
 S. 9930                             5
 
 corrections and community supervision, such sentence shall be a determi-
 nate  sentence  in accordance with paragraph (c) of subdivision three of
 this section.
   §  12.    The  opening  paragraph of paragraph (c) of subdivision 2 of
 section 70.02 of the penal law, as amended by chapter 134 of the laws of
 2019, is amended to read as follows:
   Except as provided in subdivision six of section 60.05,  the  sentence
 imposed upon a person who stands convicted of the class D violent felony
 offenses  of  [criminal  possession  of  a weapon in the third degree as
 defined in subdivision five, seven, eight or nine  of  section  265.02,]
 criminal  sale  of  a  firearm in the third degree as defined in section
 265.11, the class E violent felonies of attempted criminal possession of
 a weapon in the third degree as  defined  in  subdivision  five,  seven,
 eight  or  nine  of  section  265.02,  or criminal manufacture, sale, or
 transport of an undetectable firearm, rifle or  shotgun  as  defined  in
 section  265.50  must be a sentence to a determinate period of imprison-
 ment, or, in the alternative, a definite sentence of imprisonment for  a
 period of no less than one year, except that:
   §  13. Paragraphs (b) and (c) of subdivision 3 of section 70.02 of the
 penal law, as amended by chapter 1 of the laws of 2013, are  amended  to
 read as follows:
   (b) For a class C felony, the term must be at least three and one-half
 years  and  must  not  exceed fifteen years, provided, however, that the
 term must be: (i) at least seven years and must not exceed twenty  years
 where  the  sentence  is for the crime of aggravated manslaughter in the
 second degree as defined in section 125.21  of  this  chapter;  (ii)  at
 least seven years and must not exceed twenty years where the sentence is
 for  the  crime of attempted aggravated assault upon a police officer or
 peace officer as defined in section 120.11 of this chapter; AND (iii) at
 least three and one-half years and must not exceed  twenty  years  where
 the  sentence  is for the crime of aggravated criminally negligent homi-
 cide as defined in section 125.11 of this chapter[; and  (iv)  at  least
 five  years  and  must  not  exceed  fifteen years where the sentence is
 imposed for the crime of aggravated criminal possession of a  weapon  as
 defined in section 265.19 of this chapter];
   (c) For a class D felony, the term must be at least two years and must
 not  exceed seven years, provided, however, that the term must be[: (i)]
 at least two years and must not exceed eight years where the sentence is
 for the crime of menacing a police officer or peace officer  as  defined
 in section 120.18 of this chapter[; and (ii) at least three and one-half
 years  and must not exceed seven years where the sentence is imposed for
 the crime of criminal possession of a weapon  in  the  third  degree  as
 defined in subdivision ten of section 265.02 of this chapter];
   § 14. Subparagraph (viii) of paragraph (b) of subdivision 2 of section
 89 of the public officers law is REPEALED.
   §  15.  Section  720.15  of  the  criminal procedure law is amended by
 adding two new subdivisions 5 and 6 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE AN ELIGIBLE YOUTH
 IS CHARGED WITH A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02  OF
 THE  PENAL  LAW,  THE ARRESTING AGENCY SHALL BE AUTHORIZED TO RELEASE TO
 THE PUBLIC IDENTIFYING INFORMATION INCLUDING THE NAME AND BOOKING PHOTO-
 GRAPH OF THE YOUTH.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE AN ELIGIBLE YOUTH
 IS CHARGED WITH AN OFFENSE DEFINED IN ARTICLE 265 OF THE PENAL LAW WHERE
 ALLEGATIONS INVOLVE THE USE,  POSSESSION  OR  SALE  OF  A  FIREARM,  THE
 S. 9930                             6
 
 ARRESTING  AGENCY SHALL BE AUTHORIZED TO RELEASE TO THE PUBLIC IDENTIFY-
 ING INFORMATION INCLUDING THE NAME AND BOOKING PHOTOGRAPH OF THE YOUTH.
   §  16.  Section  722.21  of  the  criminal procedure law is amended by
 adding a new subdivision 1-a to read as follows:
   1-A.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN  AN  ADOLESCENT
 OFFENDER  IS  ARRAIGNED  ON A FELONY COMPLAINT ALLEGING A FELONY OFFENSE
 INVOLVING THE ILLEGAL USE OR POSSESSION OF A FIREARM, RIFLE OR  SHOTGUN,
 THE  ADOLESCENT OFFENDER SHALL BE DETAINED PURSUANT TO THE PROVISIONS OF
 THIS ARTICLE WHERE THE COURT FINDS THAT RELEASE OF THE ADOLESCENT OFFEN-
 DER WOULD POSE A THREAT TO  THE  SAFETY  OF  THE  COMMUNITY  OR  ANOTHER
 PERSON. IN MAKING SUCH DETERMINATION, THE COURT SHALL CONSIDER:
   (A)  THE  ADOLESCENT OFFENDER'S HISTORY OF INVOLVEMENT IN THE CRIMINAL
 JUSTICE SYSTEM OR AS A JUVENILE DELINQUENT;
   (B) WHETHER THE ADOLESCENT OFFENDER HAS ANY HISTORY OF VIOLENT  BEHAV-
 IOR;
   (C)  WHETHER  THE  ADOLESCENT OFFENDER HAS ANY KNOWN AFFILIATIONS WITH
 STREET GANGS OR OTHER ORGANIZED CRIME GROUPS; AND
   (D) THE NATURE OF THE CONDUCT ALLEGED IN THE FELONY COMPLAINT.
   § 17. Subparagraphs (i) and (ii) of 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, are amended to read as
 follows:
   (i) the defendant caused [significant] OR ATTEMPTED TO CAUSE  physical
 injury to a person other than a participant in the offense; or
   (ii)  the  defendant  ILLEGALLY  USED,  POSSESSED, SOLD OR displayed a
 firearm, shotgun, rifle or deadly weapon as defined in the penal law [in
 furtherance of such offense]; or
   § 18. Subdivision 3 of section 380.1  of  the  family  court  act,  as
 amended  by  chapter  181  of  the  laws  of 2000, is amended to read as
 follows:
   3. Except where specifically required by statute, no person  shall  be
 required to divulge information pertaining to the arrest of the respond-
 ent  or any subsequent proceeding under this article; provided, however,
 whenever a person adjudicated a juvenile  delinquent  [has  been  placed
 with  the  office  of  children  and family services pursuant to section
 353.3 of this article, and] is [thereafter] enrolled as a student  in  a
 public  or  private  elementary  or secondary school, the court that has
 adjudicated such person shall provide notification of such  adjudication
 AND  PROVIDE RECORDS RELATED TO SUCH ADJUDICATION NECESSARY TO ASCERTAIN
 THE NATURE OF THE CONDUCT LEADING TO THE ADJUDICATION, INCLUDING BUT NOT
 LIMITED TO DELINQUENCY PETITIONS, ORDERS OF THE FAMILY COURT PURSUANT TO
 SECTIONS 352.1 AND 351.2 OF THIS ARTICLE, AND PROBATION REPORTS, to  the
 designated  educational  official  of the school in which such person is
 enrolled as a student. Such notification shall be used by the designated
 educational official only for purposes related to the execution  of  the
 student's  educational plan, where applicable, successful school adjust-
 ment, DEVELOPING A SAFETY PLAN TO ENSURE SUCH STUDENT DOES NOT CREATE  A
 RISK  FOR  THE COMMUNITY, and reentry into the community. Such notifica-
 tion shall be kept separate and apart from such student's school records
 and shall be accessible only by  the  designated  educational  official.
 Such  notification  shall not be part of such student's permanent school
 record and shall not be appended to or  included  in  any  documentation
 regarding  such  student  and  shall  be  destroyed at such time as such
 student is no longer enrolled in the school district. At no  time  shall
 such  notification be used for any purpose other than those specified in
 this subdivision. AN ORDER BY THE FAMILY COURT TO SEAL RECORDS  PURSUANT
 S. 9930                             7
 
 TO  SECTION  375.2  OF  THIS  ARTICLE  OR TO EXPUNGE RECORDS PURSUANT TO
 SECTION 375.3 OF THIS ARTICLE SHALL NOT IMPACT  THE  OBLIGATION  OF  THE
 FAMILY COURT TO PROVIDE SUCH NOTIFICATION AND RECORDS.
   § 19. Subdivisions 2 and 3 of section 720.35 of the criminal procedure
 law,  subdivision  2  as amended by section 87 of subpart B of part C of
 chapter 62 of the laws of 2011 and subdivision 3 as added by chapter 181
 of the laws of 2000, are amended to read as follows:
   2. Except where specifically required or permitted by statute or  upon
 specific  authorization  of  the court, all official records and papers,
 whether on file with the court, a police agency or the division of crim-
 inal justice services, relating to a case involving a youth who has been
 adjudicated a youthful offender, are confidential and may  not  be  made
 available  to  any  person  or  public or private agency, other than the
 designated educational official of the public or private  elementary  or
 secondary  school  in which the youth is enrolled as a student [provided
 that such local educational official shall only have  made  available  a
 notice of such adjudication and shall not have access to any other offi-
 cial  records  and  papers], such youth or such youth's designated agent
 (but only where the official records and papers sought are on file  with
 a  court and request therefor is made to that court or to a clerk there-
 of), LAW ENFORCEMENT FOR THE PURPOSE OF  INVESTIGATING  AND  PROSECUTING
 CRIMES  SUBSEQUENTLY  COMMITTED BY THE YOUTHFUL OFFENDER, an institution
 to which such youth has been committed, the  department  of  corrections
 and  community supervision and a probation department of this state that
 requires such official records and papers for the  purpose  of  carrying
 out  duties  specifically  authorized  by  law;  provided, however, that
 information regarding an order  of  protection  or  temporary  order  of
 protection  issued  pursuant  to  section  530.12  of  this chapter or a
 warrant issued in connection therewith may be maintained on  the  state-
 wide  automated  order  of  protection  and warrant registry established
 pursuant to section two hundred twenty-one-a of the executive law during
 the  period  that  such  order  of  protection  or  temporary  order  of
 protection  is in full force and effect or during which such warrant may
 be executed. Such confidential information may be made available  pursu-
 ant  to law only for purposes of adjudicating or enforcing such order of
 protection or temporary order of protection and,  where  provided  to  a
 designated  educational  official,  as defined in section 380.90 of this
 chapter, for purposes related to the execution of the  student's  educa-
 tional  plan, where applicable, successful school adjustment, DEVELOPING
 A SAFETY PLAN TO ENSURE SUCH STUDENT DOES NOT CREATE A SAFETY  RISK  FOR
 THE  COMMUNITY,  and reentry into the community. Such notification shall
 be kept separate and apart from such student's school records and  shall
 be  accessible only by the designated educational official. Such notifi-
 cation shall not be part of such student's permanent school  record  and
 shall not be appended to or included in any documentation regarding such
 student and shall be destroyed at such time as such student is no longer
 enrolled  in  the school district. At no time shall such notification be
 used for any purpose other than those specified in this subdivision.
   3. If a youth who has been adjudicated a youthful offender is enrolled
 as a student in a public or private elementary or secondary  school  the
 court  that  has  adjudicated  the  youth  as  a youthful offender shall
 provide notification of such adjudication AND PROVIDE RECORDS RELATED TO
 SUCH ADJUDICATION NECESSARY TO ASCERTAIN THE NATURE OF THE CONDUCT LEAD-
 ING TO THE CONVICTION AND ADJUDICATION OF THE YOUTH, INCLUDING  BUT  NOT
 LIMITED  TO  ACCUSATORY  INSTRUMENTS,  CERTIFICATES  OF DISPOSITION, AND
 PROBATION REPORTS, to the designated educational official of the  school
 S. 9930                             8
 
 in  which  such youth is enrolled as a student.  Such notification shall
 be used by the designated educational official only for purposes related
 to the execution of the student's educational  plan,  where  applicable,
 successful  school  adjustment,  DEVELOPING A SAFETY PLAN TO ENSURE SUCH
 STUDENT DOES NOT CREATE A RISK FOR THE COMMUNITY, and reentry  into  the
 community.  Such notification shall be kept separate and apart from such
 student's school records and shall be accessible only by the  designated
 educational  official.  Such  notification  shall  not  be  part of such
 student's permanent school record  and  shall  not  be  appended  to  or
 included  in  any  documentation  regarding  such  student  and shall be
 destroyed at such time as such student is  no  longer  enrolled  in  the
 school  district.  At  no  time  shall such notification be used for any
 purpose other than those specified in this subdivision.
   § 20. The penal law is amended by adding a new section 100.14 to  read
 as follows:
 § 100.14 CRIMINAL SOLICITATION OF A MINOR IN A VIOLENT FELONY.
   A  PERSON  IS  GUILTY OF CRIMINAL SOLICITATION OF A MINOR IN A VIOLENT
 FELONY WHEN, BEING OVER EIGHTEEN YEARS OF AGE, WITH INTENT THAT  ANOTHER
 PERSON  UNDER EIGHTEEN YEARS OF AGE ENGAGE IN CONDUCT THAT WOULD CONSTI-
 TUTE A VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THIS CHAPTER, SUCH
 PERSON SOLICITS, REQUESTS, COMMANDS, IMPORTUNES OR OTHERWISE ATTEMPTS TO
 CAUSE SUCH OTHER PERSON TO ENGAGE IN SUCH CONDUCT.
   CRIMINAL SOLICITATION OF A MINOR IN A VIOLENT  FELONY  IS  A  CLASS  B
 FELONY.
   § 21. This act shall take effect immediately.

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