Bill Text: NY A03167 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03167 Detail]

Download: New_York-2023-A03167-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3167

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced by M. of A. REILLY -- read once and referred to the Committee
          on Codes

        AN  ACT  to amend the criminal procedure law, in relation to prohibiting
          removal of adolescent  offenders to family court  in  certain  circum-
          stances

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (c) of subdivision 2 of  section  722.23  of  the
     2  criminal procedure law, as amended by section 1-a of part WWW of chapter
     3  59 of the laws of 2017, is amended to read as follows:
     4    (c)  The  court  shall  order the action to proceed in accordance with
     5  subdivision one of this section unless, after reviewing the  papers  and
     6  hearing  from  the  parties,  the  court  determines in writing that the
     7  district attorney proved by a preponderance of the evidence one or  more
     8  of the following as set forth in the accusatory instrument:
     9    (i) the defendant caused significant physical injury to a person other
    10  than a participant in the offense; or
    11    (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
    12  on as defined in the penal law in furtherance of such offense; or
    13    (iii)  the defendant possessed a loaded firearm as defined in subdivi-
    14  sion fifteen of section 265.00 of the penal law during the commission of
    15  the offense; or
    16    (iv) the defendant unlawfully  engaged  in  sexual  intercourse,  oral
    17  sexual  conduct,  anal  sexual  conduct  or sexual contact as defined in
    18  section 130.00 of the penal law.
    19    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02048-01-3