Bill Text: NY A08315 | 2021-2022 | 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 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A08315 Detail]
Download: New_York-2021-A08315-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8315 2021-2022 Regular Sessions IN ASSEMBLY October 20, 2021 ___________ Introduced by M. of A. J. M. GIGLIO -- 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) of the penal law; or such conduct as a sexually motivated 11 felony, where authorized pursuant to section 130.91 of the penal law; 12 and (2) a person fourteen or fifteen years old who is criminally respon- 13 sible for acts constituting the crimes defined in subdivisions one and 14 two of section 125.25 (murder in the second degree) and in subdivision 15 three of such section provided that the underlying crime for the murder 16 charge is one for which such person is criminally responsible; section 17 135.25 (kidnapping in the first degree); 150.20 (arson in the first 18 degree); subdivisions one and two of section 120.10 (assault in the 19 first degree); 125.20 (manslaughter in the first degree); subdivisions 20 one and two of section 130.35 (rape in the first degree); subdivisions 21 one and two of section 130.50 (criminal sexual act in the first degree); 22 section 130.66 (aggravated sexual abuse in the third degree); section 23 130.67 (aggravated sexual abuse in the second degree); 130.70 (aggra- 24 vated sexual abuse in the first degree); 140.30 (burglary in the first 25 degree); subdivision one of section 140.25 (burglary in the second 26 degree); 150.15 (arson in the second degree); 160.15 (robbery in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13275-01-1A. 8315 2 1 first degree); subdivision two of section 160.10 (robbery in the second 2 degree) of the penal law; or section 265.03 of the penal law, where such 3 machine gun or such firearm is possessed on school grounds, as that 4 phrase is defined in subdivision fourteen of section 220.00 of the penal 5 law; or defined in the penal law as an attempt to commit murder in the 6 second degree or kidnapping in the first degree, or such conduct as a 7 sexually motivated felony, where authorized pursuant to section 130.91 8 of the penal law. 9 § 2. Subdivision (a) of section 190.71 of the criminal procedure law, 10 as amended by chapter 7 of the laws of 2007, is amended to read as 11 follows: 12 (a) Except as provided in subdivision six of section 200.20 of this 13 chapter, a grand jury may not indict (i) a person thirteen years of age 14 for any conduct or crime other than conduct constituting a crime defined 15 in subdivisions one and two of section 125.25 (murder in the second 16 degree); subdivisions one and two of section 130.35 (rape in the first 17 degree); subdivisions one and two of section 130.50 (criminal sexual act 18 in the first degree); section 130.70 (aggravated sexual abuse in the 19 first degree); or such conduct as a sexually motivated felony, where 20 authorized pursuant to section 130.91 of the penal law; (ii) a person 21 fourteen or fifteen years of age for any conduct or crime other than 22 conduct constituting a crime defined in subdivisions one and two of 23 section 125.25 (murder in the second degree) and in subdivision three of 24 such section provided that the underlying crime for the murder charge is 25 one for which such person is criminally responsible; 135.25 (kidnapping 26 in the first degree); 150.20 (arson in the first degree); subdivisions 27 one and two of section 120.10 (assault in the first degree); 125.20 28 (manslaughter in the first degree); subdivisions one and two of section 29 130.35 (rape in the first degree); subdivisions one and two of section 30 130.50 (criminal sexual act in the first degree); section 130.66 (aggra- 31 vated sexual abuse in the third degree); section 130.67 (aggravated 32 sexual abuse in the second degree); 130.70 (aggravated sexual abuse in 33 the first degree); 140.30 (burglary in the first degree); subdivision 34 one of section 140.25 (burglary in the second degree); 150.15 (arson in 35 the second degree); 160.15 (robbery in the first degree); subdivision 36 two of section 160.10 (robbery in the second degree) of the penal law; 37 subdivision four of section 265.02 of the penal law, where such firearm 38 is possessed on school grounds, as that phrase is defined in subdivision 39 fourteen of section 220.00 of the penal law; or section 265.03 of the 40 penal law, where such machine gun or such firearm is possessed on school 41 grounds, as that phrase is defined in subdivision fourteen of section 42 220.00 of the penal law; or defined in the penal law as an attempt to 43 commit murder in the second degree or kidnapping in the first degree, or 44 such conduct as a sexually motivated felony, where authorized pursuant 45 to section 130.91 of the penal law. 46 § 3. Subdivision 18 of section 10.00 of the penal law, as amended by 47 chapter 7 of the laws of 2007, is amended to read as follows: 48 18. "Juvenile offender" means (1) a person thirteen years old who is 49 criminally responsible for acts constituting murder in the second degree 50 as defined in subdivisions one and two of section 125.25 of this 51 chapter; subdivisions one and two of section 130.35 (rape in the first 52 degree); subdivisions one and two of section 130.50 (criminal sexual act 53 in the first degree); section 130.70 (aggravated sexual abuse in the 54 first degree) of this chapter; or such conduct as a sexually motivated 55 felony, where authorized pursuant to section 130.91 of [the penal law] 56 this chapter; andA. 8315 3 1 (2) a person fourteen or fifteen years old who is criminally responsi- 2 ble for acts constituting the crimes defined in subdivisions one and two 3 of section 125.25 (murder in the second degree) and in subdivision three 4 of such section provided that the underlying crime for the murder charge 5 is one for which such person is criminally responsible; section 135.25 6 (kidnapping in the first degree); 150.20 (arson in the first degree); 7 subdivisions one and two of section 120.10 (assault in the first 8 degree); 125.20 (manslaughter in the first degree); subdivisions one and 9 two of section 130.35 (rape in the first degree); subdivisions one and 10 two of section 130.50 (criminal sexual act in the first degree); section 11 130.66 (aggravated sexual abuse in the third degree); section 130.67 12 (aggravated sexual abuse in the second degree); 130.70 (aggravated sexu- 13 al abuse in the first degree); 140.30 (burglary in the first degree); 14 subdivision one of section 140.25 (burglary in the second degree); 15 150.15 (arson in the second degree); 160.15 (robbery in the first 16 degree); subdivision two of section 160.10 (robbery in the second 17 degree) of this chapter; or section 265.03 of this chapter, where such 18 machine gun or such firearm is possessed on school grounds, as that 19 phrase is defined in subdivision fourteen of section 220.00 of this 20 chapter; or defined in this chapter as an attempt to commit murder in 21 the second degree or kidnapping in the first degree, or such conduct as 22 a sexually motivated felony, where authorized pursuant to section 130.91 23 of [the penal law] this chapter. 24 § 4. Subdivision 2 of section 30.00 of the penal law, as amended by 25 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 26 read as follows: 27 2. A person thirteen, fourteen or, fifteen years of age is criminally 28 responsible for acts constituting murder in the second degree as defined 29 in subdivisions one and two of section 125.25 and in subdivision three 30 of such section provided that the underlying crime for the murder charge 31 is one for which such person is criminally responsible or for such 32 conduct as a sexually motivated felony, where authorized pursuant to 33 section 130.91 of this chapter; a person thirteen years of age is 34 criminally responsible for acts constituting the crimes defined in 35 subdivisions one and two of section 130.25(rape in the first degree); 36 subdivisions one and two of section 130.50 (criminal sexual act in the 37 first degree); and section 130.70 (aggravated sexual abuse in the first 38 degree) of this chapter; and a person fourteen or, fifteen years of age 39 is criminally responsible for acts constituting the crimes defined in 40 section 135.25 (kidnapping in the first degree); 150.20 (arson in the 41 first degree); subdivisions one and two of section 120.10 (assault in 42 the first degree); 125.20 (manslaughter in the first degree); subdivi- 43 sions one and two of section 130.35 (rape in the first degree); subdivi- 44 sions one and two of section 130.50 (criminal sexual act in the first 45 degree); section 130.66 (aggravated sexual abuse in the third degree); 46 section 130.67 (aggravated sexual abuse in the second degree); 130.70 47 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 48 first degree); subdivision one of section 140.25 (burglary in the second 49 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 50 first degree); subdivision two of section 160.10 (robbery in the second 51 degree) of this chapter; or section 265.03 of this chapter, where such 52 machine gun or such firearm is possessed on school grounds, as that 53 phrase is defined in subdivision fourteen of section 220.00 of this 54 chapter; or defined in this chapter as an attempt to commit murder in 55 the second degree or kidnapping in the first degree, or for such conductA. 8315 4 1 as a sexually motivated felony, where authorized pursuant to section 2 130.91 of this chapter. 3 § 5. Subdivision 8 of section 301.2 of the family court act, as 4 amended by section 57 of part WWW of chapter 59 of the laws of 2017, is 5 amended to read as follows: 6 8. "Designated felony act" means an act which, if done by an adult, 7 would be a crime: (i) defined in sections 125.27 (murder in the first 8 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 9 first degree); or 150.20 (arson in the first degree) of the penal law 10 committed by a person thirteen, fourteen, fifteen, or sixteen, or 11 commencing October first, two thousand nineteen, seventeen years of age; 12 or such conduct committed as a sexually motivated felony, where author- 13 ized pursuant to section 130.91 of the penal law; (ii) defined in 14 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 15 the first degree); 130.35 (rape in the first degree); 130.50 (criminal 16 sexual act in the first degree); 130.66 (aggravated sexual abuse in the 17 third degree); 130.67 (aggravated sexual abuse in the second degree); 18 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping 19 in the second degree) but only where the abduction involved the use or 20 threat of use of deadly physical force; 150.15 (arson in the second 21 degree) or 160.15 (robbery in the first degree) of the penal law commit- 22 ted by a person thirteen, fourteen, fifteen, or sixteen, or, commencing 23 October first, two thousand nineteen, seventeen years of age; or such 24 conduct committed as a sexually motivated felony, where authorized 25 pursuant to section 130.91 of the penal law; (iii) defined in the penal 26 law as an attempt to commit murder in the first or second degree or 27 kidnapping in the first degree committed by a person thirteen, fourteen, 28 fifteen, or sixteen, or commencing October first, two thousand nineteen, 29 seventeen years of age; or such conduct committed as a sexually moti- 30 vated felony, where authorized pursuant to section 130.91 of the penal 31 law; (iv) defined in section 140.30 (burglary in the first degree); 32 subdivision one of section 140.25 (burglary in the second degree); 33 subdivision two of section 160.10 (robbery in the second degree) of the 34 penal law; or section 265.03 of the penal law, where such machine gun or 35 such firearm is possessed on school grounds, as that phrase is defined 36 in subdivision fourteen of section 220.00 of the penal law committed by 37 a person fourteen or fifteen years of age; or such conduct committed as 38 a sexually motivated felony, where authorized pursuant to section 130.91 39 of the penal law; (v) defined in section 120.05 (assault in the second 40 degree) or 160.10 (robbery in the second degree) of the penal law 41 committed by a person fourteen, fifteen, or sixteen or, commencing Octo- 42 ber first, two thousand nineteen, seventeen years of age but only where 43 there has been a prior finding by a court that such person has previous- 44 ly committed an act which, if committed by an adult, would be the crime 45 of assault in the second degree, robbery in the second degree or any 46 designated felony act specified in paragraph (i), (ii), or (iii) of this 47 subdivision regardless of the age of such person at the time of the 48 commission of the prior act; (vi) other than a misdemeanor committed by 49 a person at least seven but less than seventeen years of age, and 50 commencing October first, two thousand nineteen, a person at least seven 51 but less than eighteen years of age, but only where there has been two 52 prior findings by the court that such person has committed a prior felo- 53 ny. 54 § 6. This act shall take effect on the first of November next succeed- 55 ing the date on which it shall have become a law.
