Bill Text: NY A01703 | 2011-2012 | General Assembly | Introduced
Bill Title: Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.
Spectrum: Partisan Bill (Republican 13-0)
Status: (Introduced - Dead) 2012-03-20 - held for consideration in codes [A01703 Detail]
Download: New_York-2011-A01703-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1703 2011-2012 Regular Sessions I N A S S E M B L Y January 11, 2011 ___________ Introduced by M. of A. GIGLIO, FINCH, McDONOUGH, KOLB -- Multi-Sponsored by -- M. of A. BURLING, BUTLER, CALHOUN, CROUCH, HAWLEY, McKEVITT, J. MILLER, MOLINARO, OAKS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the penal law and the family court act, in relation to providing juvenile offender status to persons thirteen, fourteen or fifteen years of age who have committed certain sex offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 42 of section 1.20 of the criminal procedure 2 law, as amended by chapter 7 of the laws of 2007, is amended to read as 3 follows: 4 42. "Juvenile offender" means (1) a person, thirteen years old who is 5 criminally responsible for acts constituting murder in the second degree 6 as defined in subdivisions one and two of section 125.25 of the penal 7 law[,]; SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST 8 DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT 9 IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE 10 FIRST DEGREE); or such conduct as a sexually motivated felony, where 11 authorized pursuant to section 130.91 of the penal law; and (2) a person 12 fourteen or fifteen years old who is criminally responsible for acts 13 constituting the crimes defined in subdivisions one and two of section 14 125.25 (murder in the second degree) and in subdivision three of such 15 section provided that the underlying crime for the murder charge is one 16 for which such person is criminally responsible; section 135.25 (kidnap- 17 ping in the first degree); 150.20 (arson in the first degree); subdivi- 18 sions one and two of section 120.10 (assault in the first degree); 19 125.20 (manslaughter in the first degree); subdivisions one and two of 20 section 130.35 (rape in the first degree); subdivisions one and two of 21 section 130.50 (criminal sexual act in the first degree); SECTION 130.66 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02700-01-1 A. 1703 2 1 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67 (AGGRA- 2 VATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexual 3 abuse in the first degree); 140.30 (burglary in the first degree); 4 subdivision one of section 140.25 (burglary in the second degree); 5 150.15 (arson in the second degree); 160.15 (robbery in the first 6 degree); subdivision two of section 160.10 (robbery in the second 7 degree) of the penal law; or section 265.03 of the penal law, where such 8 machine gun or such firearm is possessed on school grounds, as that 9 phrase is defined in subdivision fourteen of section 220.00 of the penal 10 law; or defined in the penal law as an attempt to commit murder in the 11 second degree or kidnapping in the first degree, or such conduct as a 12 sexually motivated felony, where authorized pursuant to section 130.91 13 of the penal law. 14 S 2. Subdivision (a) of section 190.71 of the criminal procedure law, 15 as amended by chapter 7 of the laws of 2007, is amended to read as 16 follows: 17 (a) Except as provided in subdivision six of section 200.20 of this 18 chapter, a grand jury may not indict (i) a person thirteen years of age 19 for any conduct or crime other than conduct constituting a crime defined 20 in subdivisions one and two of section 125.25 (murder in the second 21 degree); SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST 22 DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT 23 IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE 24 FIRST DEGREE); or such conduct as a sexually motivated felony, where 25 authorized pursuant to section 130.91 of the penal law; (ii) a person 26 fourteen or fifteen years of age for any conduct or crime other than 27 conduct constituting a crime defined in subdivisions one and two of 28 section 125.25 (murder in the second degree) and in subdivision three of 29 such section provided that the underlying crime for the murder charge is 30 one for which such person is criminally responsible; 135.25 (kidnapping 31 in the first degree); 150.20 (arson in the first degree); subdivisions 32 one and two of section 120.10 (assault in the first degree); 125.20 33 (manslaughter in the first degree); subdivisions one and two of section 34 130.35 (rape in the first degree); subdivisions one and two of section 35 130.50 (criminal sexual act in the first degree); SECTION 130.66 (AGGRA- 36 VATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67 (AGGRAVATED 37 SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexual abuse in 38 the first degree); 140.30 (burglary in the first degree); subdivision 39 one of section 140.25 (burglary in the second degree); 150.15 (arson in 40 the second degree); 160.15 (robbery in the first degree); subdivision 41 two of section 160.10 (robbery in the second degree) of the penal law; 42 subdivision four of section 265.02 of the penal law, where such firearm 43 is possessed on school grounds, as that phrase is defined in subdivision 44 fourteen of section 220.00 of the penal law; or section 265.03 of the 45 penal law, where such machine gun or such firearm is possessed on school 46 grounds, as that phrase is defined in subdivision fourteen of section 47 220.00 of the penal law; or defined in the penal law as an attempt to 48 commit murder in the second degree or kidnapping in the first degree, or 49 such conduct as a sexually motivated felony, where authorized pursuant 50 to section 130.91 of the penal law. 51 S 3. Subdivision 18 of section 10.00 of the penal law, as amended by 52 chapter 7 of the laws of 2007, is amended to read as follows: 53 18. "Juvenile offender" means (1) a person thirteen years old who is 54 criminally responsible for acts constituting murder in the second degree 55 as defined in subdivisions one and two of section 125.25 of this 56 chapter; SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST A. 1703 3 1 DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT 2 IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE 3 FIRST DEGREE); or such conduct as a sexually motivated felony, where 4 authorized pursuant to section 130.91 of the penal law; and 5 (2) a person fourteen or fifteen years old who is criminally responsi- 6 ble for acts constituting the crimes defined in subdivisions one and two 7 of section 125.25 (murder in the second degree) and in subdivision three 8 of such section provided that the underlying crime for the murder charge 9 is one for which such person is criminally responsible; section 135.25 10 (kidnapping in the first degree); 150.20 (arson in the first degree); 11 subdivisions one and two of section 120.10 (assault in the first 12 degree); 125.20 (manslaughter in the first degree); subdivisions one and 13 two of section 130.35 (rape in the first degree); subdivisions one and 14 two of section 130.50 (criminal sexual act in the first degree); SECTION 15 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67 16 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu- 17 al abuse in the first degree); 140.30 (burglary in the first degree); 18 subdivision one of section 140.25 (burglary in the second degree); 19 150.15 (arson in the second degree); 160.15 (robbery in the first 20 degree); subdivision two of section 160.10 (robbery in the second 21 degree) of this chapter; or section 265.03 of this chapter, where such 22 machine gun or such firearm is possessed on school grounds, as that 23 phrase is defined in subdivision fourteen of section 220.00 of this 24 chapter; or defined in this chapter as an attempt to commit murder in 25 the second degree or kidnapping in the first degree, or such conduct as 26 a sexually motivated felony, where authorized pursuant to section 130.91 27 of the penal law. 28 S 4. Subdivision 2 of section 30.00 of the penal law, as amended by 29 chapter 7 of the laws of 2007, is amended to read as follows: 30 2. A person thirteen, fourteen or fifteen years of age is criminally 31 responsible for acts constituting murder in the second degree as defined 32 in subdivisions one and two of section 125.25 and in subdivision three 33 of such section provided that the underlying crime for the murder charge 34 is one for which such person is criminally responsible or for such 35 conduct as a sexually motivated felony, where authorized pursuant to 36 section 130.91 of the penal law; A PERSON THIRTEEN YEARS OF AGE IS 37 CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN 38 SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); 39 SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE 40 FIRST DEGREE); AND SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST 41 DEGREE); and a person fourteen or fifteen years of age is criminally 42 responsible for acts constituting the crimes defined in section 135.25 43 (kidnapping in the first degree); 150.20 (arson in the first degree); 44 subdivisions one and two of section 120.10 (assault in the first 45 degree); 125.20 (manslaughter in the first degree); subdivisions one and 46 two of section 130.35 (rape in the first degree); subdivisions one and 47 two of section 130.50 (criminal sexual act in the first degree); SECTION 48 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67 49 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu- 50 al abuse in the first degree); 140.30 (burglary in the first degree); 51 subdivision one of section 140.25 (burglary in the second degree); 52 150.15 (arson in the second degree); 160.15 (robbery in the first 53 degree); subdivision two of section 160.10 (robbery in the second 54 degree) of this chapter; or section 265.03 of this chapter, where such 55 machine gun or such firearm is possessed on school grounds, as that 56 phrase is defined in subdivision fourteen of section 220.00 of this A. 1703 4 1 chapter; or defined in this chapter as an attempt to commit murder in 2 the second degree or kidnapping in the first degree, or for such conduct 3 as a sexually motivated felony, where authorized pursuant to section 4 130.91 of the penal law. 5 S 5. Subdivision 8 of section 301.2 of the family court act, as 6 amended by chapter 7 of the laws of 2007, is amended to read as follows: 7 8. "Designated felony act" means an act which, if done by an adult, 8 would be a crime: (i) defined in sections 125.27 (murder in the first 9 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 10 first degree); or 150.20 (arson in the first degree) of the penal law 11 committed by a person thirteen, fourteen or fifteen years of age; or 12 such conduct committed as a sexually motivated felony, where authorized 13 pursuant to section 130.91 of the penal law; (ii) defined in sections 14 120.10 (assault in the first degree); 125.20 (manslaughter in the first 15 degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act 16 in the first degree); 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD 17 DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 18 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the 19 second degree) but only where the abduction involved the use or threat 20 of use of deadly physical force; 150.15 (arson in the second degree) or 21 160.15 (robbery in the first degree) of the penal law committed by a 22 person thirteen, fourteen or fifteen years of age; or such conduct 23 committed as a sexually motivated felony, where authorized pursuant to 24 section 130.91 of the penal law; (iii) defined in the penal law as an 25 attempt to commit murder in the first or second degree or kidnapping in 26 the first degree committed by a person thirteen, fourteen or fifteen 27 years of age; or such conduct committed as a sexually motivated felony, 28 where authorized pursuant to section 130.91 of the penal law; (iv) 29 defined in section 140.30 (burglary in the first degree); subdivision 30 one of section 140.25 (burglary in the second degree); subdivision two 31 of section 160.10 (robbery in the second degree) of the penal law; or 32 section 265.03 of the penal law, where such machine gun or such firearm 33 is possessed on school grounds, as that phrase is defined in subdivision 34 fourteen of section 220.00 of the penal law committed by a person four- 35 teen or fifteen years of age; or such conduct committed as a sexually 36 motivated felony, where authorized pursuant to section 130.91 of the 37 penal law; (v) defined in section 120.05 (assault in the second degree) 38 or 160.10 (robbery in the second degree) of the penal law committed by a 39 person fourteen or fifteen years of age but only where there has been a 40 prior finding by a court that such person has previously committed an 41 act which, if committed by an adult, would be the crime of assault in 42 the second degree, robbery in the second degree or any designated felony 43 act specified in paragraph (i), (ii), or (iii) of this subdivision 44 regardless of the age of such person at the time of the commission of 45 the prior act; or (vi) other than a misdemeanor committed by a person at 46 least seven but less than sixteen years of age, but only where there has 47 been two prior findings by the court that such person has committed a 48 prior felony. 49 S 6. This act shall take effect on the first of November next succeed- 50 ing the date on which it shall have become a law.