S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1836
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Codes
 
 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,  subparagraph
 (iii)  of paragraph (c) of subdivision 2 as amended by section 1 of part
 AA of chapter 55 of the laws of 2024, 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] SUCH DEFENDANT 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]
 SUCH DEFENDANT 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.
                                                            LBD04210-01-5
              

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 the affiant, and shall indicate if the district attorney is requesting a
 hearing. The motion shall be noticed to be heard promptly.
   (c)  The defendant shall be given an opportunity to reply. The defend-
 ant shall be granted any reasonable request for a  delay.  Either  party
 may  request  a  hearing  on  the facts alleged in the motion to prevent
 removal of the action. The hearing shall be held expeditiously.
   (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.
   (e)  The  court shall make a determination in writing or on the record
 within five days of the conclusion of the hearing or submission  by  the
 defense,  whichever  is later. Such determination shall include findings
 of fact and to the extent practicable conclusions of law.
   (f) For the purposes of this section, there  shall  be  a  presumption
 against  custody  and  case planning services shall be made available to
 the defendant.
   (g) Notwithstanding any other provision of law, section 308.1  of  the
 family court act shall apply to all actions transferred pursuant to this
 section  provided,  however, such cases shall not be considered removals
 subject to subdivision thirteen of such section 308.1.
   (h) Nothing in this subdivision shall preclude, and a court may order,
 the removal of an action to family court  where  all  parties  agree  or
 pursuant to this chapter.
   2.  (a)  Upon  the  arraignment  of  a  defendant charged with a crime
 committed when [he or she] SUCH DEFENDANT was  sixteen  or[,  commencing
 October first, two thousand nineteen,] seventeen years of age on a class
 A  felony,  other than those defined in article [220] TWO HUNDRED TWENTY
 of the penal law, [or] a violent felony defined in section 70.02 of  the
 penal law, OR A FELONY IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF
 THE  PENAL LAW, the court shall schedule an appearance no later than six
 calendar days from such arraignment for the  purpose  of  reviewing  the
 accusatory  instrument  pursuant  to  this  subdivision. The court shall
 notify the district attorney and defendant regarding the purpose of such
 appearance.
   (b) Upon such  appearance,  the  court  shall  review  the  accusatory
 instrument  and  any  other  relevant facts for the purpose of [making a
 determination] DETERMINING WHETHER TO REMOVE THE ACTION  TO  THE  FAMILY
 COURT pursuant to paragraph (c) of this subdivision. Both parties may be
 heard and submit information relevant to the determination.
   (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] 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, 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 MAY, BUT SHALL NOT BE REQUIRED
 TO, ORDER REMOVAL AFTER CONSIDERING THE CRITERIA SPECIFIED  IN  SUBDIVI-
 SION  TWO OF SECTION 722.22 OF THIS ARTICLE; PROVIDED, HOWEVER, THAT THE
 COURT SHALL NOT ORDER REMOVAL IF  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 OR ACTIVELY  PARTICIPATED  IN  A  CRIME  THAT
 CAUSED  significant physical injury to a person other than a participant
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 in the offense OR A CRIME IN  ACCORDANCE  WITH  ACCESSORIAL  CONDUCT  AS
 DEFINED  IN SECTION 20.00 OF THE PENAL LAW OR ACTIVELY PARTICIPATED IN A
 CRIME THROUGH ACCESSORIAL CONDUCT AS DEFINED IN  SECTION  20.00  OF  THE
 PENAL LAW; or
   (ii)  the defendant [displayed] POSSESSED a firearm, shotgun, rifle or
 deadly weapon as defined in  the  penal  law  [in  furtherance  of  such
 offense]  OR  POSSESSED WHAT APPEARED TO BE A FIREARM, SHOTGUN, RIFLE OR
 DEADLY WEAPON AS DEFINED IN THE PENAL LAW, OR ACTIVELY PARTICIPATED IN A
 CRIME WHERE A CO-DEFENDANT POSSESSED A FIREARM, SHOTGUN, RIFLE OR DEADLY
 WEAPON AS DEFINED IN THE PENAL LAW OR  WHERE  A  CO-DEFENDANT  POSSESSED
 WHAT APPEARS TO BE A FIREARM, SHOTGUN, RIFLE OR DEADLY WEAPON AS DEFINED
 IN THE PENAL LAW; or
   (iii) the defendant unlawfully engaged in vaginal sexual contact, oral
 sexual  contact,  anal  sexual  contact, or sexual contact as defined in
 section 130.00 of the penal law.
   (d) Where the court makes a determination that the  action  shall  not
 proceed  in accordance with subdivision one of this section, such deter-
 mination shall be made in writing or on the  record  and  shall  include
 findings of fact and to the extent practicable conclusions of law.
   (e)  Nothing  in  this  subdivision  shall preclude, and the court may
 order, the removal of an action to family court where all parties  agree
 or pursuant to this chapter.
   3. Notwithstanding the provisions of any other law, if at any time one
 or  more charges in the accusatory instrument are reduced, such that the
 elements of the highest remaining charge would be removable pursuant  to
 subdivisions  one  or two of this section, then the court, sua sponte or
 in response to a motion pursuant to subdivisions  one  or  two  of  this
 section  by  the defendant, shall promptly notify the parties and direct
 that the matter proceed in  accordance  with  subdivision  one  of  this
 section, provided, however, that in such instance, the district attorney
 must  file any motion to prevent removal within thirty days of effecting
 or receiving notice of such reduction.
   4. A defendant may waive review of the accusatory  instrument  by  the
 court  and  the opportunity for removal in accordance with this section,
 provided that such waiver is made by the defendant knowingly,  voluntar-
 ily  and in open court, in the presence of and with the approval of [his
 or her] SUCH DEFENDANT'S counsel and the court. An earlier waiver  shall
 not  constitute a waiver of review and the opportunity for removal under
 this section.
   § 2. Subdivision 5 of section 722.21 of the criminal procedure law, as
 amended by chapter 23 of the  laws  of  2024,  is  amended  to  read  as
 follows:
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent offender with murder in
 the second degree as defined in section 125.25 of the penal law, rape in
 the first degree as defined in paragraph (a) of subdivision  one,  para-
 graph  (a)  of subdivision two and paragraph (a) of subdivision three of
 section 130.35 of the penal law, rape in the first  degree  as  formerly
 defined  in  subdivision one of section 130.35 of the penal law, a crime
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 formerly defined in subdivision one of section 130.50 of the penal  law,
 or  an armed felony as defined in paragraph (a) of subdivision forty-one
 of section 1.20 of this chapter, a determination  that  such  action  be
 removed  to the family court shall, in addition, be based upon a finding
 of one or more of the following factors:  (i)  mitigating  circumstances
 that  bear directly upon the manner in which the crime was committed; or
 (ii) where the defendant was not the sole participant in the crime,  the
 defendant's  participation was relatively minor although not so minor as
 to constitute a defense to the prosecution; or (iii) possible  deficien-
 cies  in proof of the crime. IN DETERMINING WHETHER AN ACTION BE REMOVED
 TO THE FAMILY COURT, THE COURT MAY ALSO CONSIDER  THE  FACTORS  PROVIDED
 FOR IN SUBDIVISION TWO OF SECTION 722.22 OF THIS ARTICLE.
   §  3. Paragraphs (h) and (i) of subdivision 2 of section 722.22 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:
   (h)  where  the  court  deems  it  appropriate,  the  attitude  of the
 complainant or victim with respect to the motion; [and]
   (i) ANY OTHER PENDING CHARGES AGAINST THE INDIVIDUAL;
   (J) WHETHER THE INDIVIDUAL WAS AN ACTIVE PARTICIPANT IN THE  CRIME  OR
 WHETHER  THE INDIVIDUAL IS LIABLE THROUGH ACCESSORIAL CONDUCT AS DEFINED
 IN SECTION 20.00 OF THE PENAL LAW;
   (K) any other relevant fact indicating that a judgment  of  conviction
 in the criminal court would serve no useful purpose; AND
   (L) ANY OTHER FACTOR THE COURT DEEMS RELEVANT TO ITS DETERMINATION.
   § 4. Section 381.1 of the family court act, as added by chapter 920 of
 the laws of 1982, is amended to read as follows:
   § 381.1. Transfer of records and information to institutions and agen-
 cies.  1.  Whenever  a person is placed with an institution suitable for
 placement of a person adjudicated a juvenile  delinquent  maintained  by
 the  state or any subdivision thereof or to an authorized agency includ-
 ing the division for youth, the family court placing such  person  shall
 forthwith  transmit a copy of the orders of the family court pursuant to
 sections 352.1 and 352.2 OF THIS ARTICLE and of the probation report and
 all other relevant evaluative records in the possession  of  the  family
 court and probation department related to such person, including but not
 limited  to  any  diagnostic,  educational,  medical,  psychological and
 psychiatric records with respect to such person to such  institution  or
 agency, notwithstanding any contrary provision of law.
   2.  FOR  ANY DEFENDANT APPEARING BEFORE THE YOUTH PART OF THE SUPERIOR
 COURT, THE FAMILY COURT SHALL, UPON REQUEST OF  THE  YOUTH  PART  JUDGE,
 FORWARD  A  COPY OF ALL PREVIOUS FAMILY COURT RECORDS CREATED UNDER THIS
 ARTICLE RELATING TO SUCH DEFENDANT IN ORDER TO ASSIST THE  YOUTH  PART'S
 DETERMINATION AS TO WHETHER TO REMOVE A CASE TO FAMILY COURT, INCLUDING,
 NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  LAW, WHETHER THE CASE WAS
 SEALED PURSUANT TO SUBDIVISION ONE OF  SECTION  375.1  OF  THIS  ARTICLE
 BASED  ON  A  DISPOSITION  DEFINED IN PARAGRAPH (A), (B), (C), (D), (F),
 (G), (H), OR (I) OF SUBDIVISION TWO OF SECTION 375.1  OF  THIS  ARTICLE.
 SUCH  RECORDS SHALL INCLUDE ANY RECORDS CREATED BY PROBATION SERVICES IN
 ACCORDANCE WITH SECTION 308.1 OF THIS ARTICLE. THE  CHIEF  ADMINISTRATOR
 OF THE UNIFIED COURT SYSTEM SHALL CREATE AN ELECTRONIC SHARING MECHANISM
 TO  ENSURE SECURE, TIMELY, AND EFFICIENT ACCESS BETWEEN THE FAMILY COURT
 AND YOUTH PART, AS WELL AS TO THE PROSECUTOR ON THE YOUTH PART CASE, AND
 THE DEFENSE.
   3. WHENEVER A PERSON SUBJECT TO THIS ACT HAS BEEN ARRESTED, THE FAMILY
 COURT SHALL PROMPTLY MAKE ANY AND  ALL  PREVIOUS  FAMILY  COURT  RECORDS
 CREATED  UNDER  THIS  ARTICLE  RELATED  TO  THAT PERSON AVAILABLE TO THE
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 PROBATION SERVICES FOR THE PURPOSE OF DETERMINING WHETHER THE PERSON  IS
 ELIGIBLE FOR ADJUSTMENT SERVICES, INCLUDING, NOTWITHSTANDING ANY CONTRA-
 RY PROVISION OF LAW, WHETHER THE CASE WAS SEALED PURSUANT TO SUBDIVISION
 ONE  OF  SECTION 375.1 OF THIS ARTICLE BASED ON A DISPOSITION DEFINED IN
 PARAGRAPH (A), (B), (C), (D), (F), (G), (H), OR (I) OF  SUBDIVISION  TWO
 OF SECTION 375.1 OF THIS ARTICLE.  AN ELECTRONIC SHARING MECHANISM SHALL
 BE  CREATED  BETWEEN  THE  FAMILY COURT AND PROBATION SERVICES TO ENSURE
 SECURE, TIMELY, AND EFFICIENT ACCESS TO SUCH RECORDS.
   § 5. Section 381.3 of the family court act, as added by chapter 920 of
 the laws of 1982, paragraph (b) of subdivision 2 as amended  by  chapter
 926 of the laws of 1982, is amended to read as follows:
   §  381.3. Use of police records. 1. All police records relating to the
 arrest and disposition of any person under this article shall be kept in
 files separate and apart from the arrests of adults and shall  be  with-
 held  from  public  inspection.    FOR PURPOSES OF THIS SECTION, "PUBLIC
 INSPECTION" SHALL NOT MEAN A PRESENTMENT AGENCY IN FAMILY COURT,  A  LAW
 ENFORCEMENT  AGENCY  RESPONSIBLE FOR THE SUBJECT CRIMINAL INVESTIGATION,
 PROBATION SERVICES, OR ANY  AGENCY  DESIGNATED  IN  SUBDIVISION  TWO  OF
 SECTION 720.35 OF THE CRIMINAL PROCEDURE LAW.
   2.  Notwithstanding the provisions of subdivision one OF THIS SECTION,
 the family court in the county in which  the  petition  was  adjudicated
 may,  upon  motion  and  for  good cause shown, order [such] ANY AND ALL
 PREVIOUS FAMILY COURT records open:
   (a) to the respondent or [his]  SUCH  RESPONDENT'S  parent  or  person
 responsible for [his] SUCH RESPONDENT'S care; or
   (b) if the respondent is subsequently convicted of a crime, to a judge
 of  the  court  in which [he] SUCH RESPONDENT was convicted, unless such
 record has been sealed pursuant to section 375.1 OF THIS ARTICLE, EXCEPT
 FOR A DISPOSITION DEFINED IN PARAGRAPH (A), (B),  (C),  (D),  (F),  (G),
 (H), OR (I) OF SUBDIVISION TWO OF SECTION 375.1 OF THIS ARTICLE.
   3.  An  order  issued under subdivision two OF THIS SECTION must be in
 writing.
   § 6. Section 302.2 of the family court act, as amended by section 2 of
 subpart E of part UU of chapter 56 of the laws of 2022,  is  amended  to
 read as follows:
   § 302.2. Statute of limitations. 1. A juvenile delinquency proceeding
 CHARGING  THE  RESPONDENT  WITH  A  CRIME  ALLEGEDLY COMMITTED WHEN SUCH
 RESPONDENT WAS UNDER THE AGE OF SIXTEEN must  be  commenced  within  the
 period  of limitation prescribed in section 30.10 of the criminal proce-
 dure law or, unless the alleged act is a designated felony as defined in
 subdivision eight of section 301.2 of this part or is an  act  allegedly
 committed when the respondent was aged sixteen years or older, commenced
 before  the  respondent's eighteenth birthday, whichever occurs earlier,
 provided however, that consistent with subdivision four of section 302.1
 of this part, a proceeding commenced for an act allegedly committed when
 the respondent was aged sixteen years or older shall be considered time-
 ly if it is commenced within such period  of  limitation  prescribed  in
 section 30.10 of the criminal procedure law or prior to the respondent's
 twentieth  birthday, whichever occurs earlier, regardless of whether the
 action had originally been commenced prior  to  the  respondent's  eigh-
 teenth  birthday  in  a youth part of a superior court. When the alleged
 act constitutes a designated felony as defined in subdivision  eight  of
 section  301.2  of  this  part or is an act allegedly committed when the
 respondent was aged sixteen years or  older,  such  proceeding  must  be
 commenced  within  such period of limitation PRESCRIBED IN SECTION 30.10
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 OF THE CRIMINAL PROCEDURE  LAW  or  before  the  respondent's  twentieth
 birthday, whichever occurs earlier.
   2.  A  JUVENILE  DELINQUENCY PROCEEDING CHARGING THE RESPONDENT WITH A
 CRIME ALLEGEDLY COMMITTED WHEN SUCH RESPONDENT WAS AGE SIXTEEN YEARS  OR
 OLDER  MUST  BE  COMMENCED WITHIN THE PERIOD OF LIMITATION PRESCRIBED IN
 SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW OR, UNLESS THE  ALLEGED  ACT
 IS  A DESIGNATED FELONY AS DEFINED IN SUBDIVISION EIGHT OF SECTION 301.2
 OF THIS PART, COMMENCED  BEFORE  THE  RESPONDENT'S  TWENTIETH  BIRTHDAY,
 WHICHEVER  OCCURS EARLIER. WHEN THE ALLEGED ACT CONSTITUTES A DESIGNATED
 FELONY AS DEFINED IN SUBDIVISION EIGHT OF SECTION 301.2  OF  THIS  PART,
 SUCH  PROCEEDING  MUST  BE  COMMENCED  WITHIN  THE  PERIOD OF LIMITATION
 PRESCRIBED IN SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW OR BEFORE  THE
 RESPONDENT'S TWENTY-SECOND BIRTHDAY, WHICHEVER OCCURS EARLIER.
   § 7. This act shall take effect immediately.