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.
                                                                   LBD13275-01-1

        A. 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; and

        A. 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 conduct

        A. 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.
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