Bill Text: NY S00441 | 2017-2018 | General Assembly | Amended
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 3-0)
Status: (Introduced - Dead) 2018-01-23 - PRINT NUMBER 441A [S00441 Detail]
Download: New_York-2017-S00441-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 441--A 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. YOUNG, DeFRANCISCO, FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05786-02-8S. 441--A 2 1 one and two of section 130.35 (rape in the first degree); subdivisions 2 one and two of section 130.50 (criminal sexual act in the first degree); 3 section 130.66 (aggravated sexual abuse in the third degree); section 4 130.67 (aggravated sexual abuse in the second degree); 130.70 (aggra- 5 vated sexual abuse in the first degree); 140.30 (burglary in the first 6 degree); subdivision one of section 140.25 (burglary in the second 7 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 8 first degree); subdivision two of section 160.10 (robbery in the second 9 degree) of the penal law; or section 265.03 of the penal law, where such 10 machine gun or such firearm is possessed on school grounds, as that 11 phrase is defined in subdivision fourteen of section 220.00 of the penal 12 law; or defined in the penal law as an attempt to commit murder in the 13 second degree or kidnapping in the first degree, or such conduct as a 14 sexually motivated felony, where authorized pursuant to section 130.91 15 of the penal law. 16 § 2. Subdivision (a) of section 190.71 of the criminal procedure law, 17 as amended by chapter 7 of the laws of 2007, is amended to read as 18 follows: 19 (a) Except as provided in subdivision six of section 200.20 of this 20 chapter, a grand jury may not indict (i) a person thirteen years of age 21 for any conduct or crime other than conduct constituting a crime defined 22 in subdivisions one and two of section 125.25 (murder in the second 23 degree); subdivisions one and two of section 130.35 (rape in the first 24 degree); subdivisions one and two of section 130.50 (criminal sexual act 25 in the first degree); section 130.70 (aggravated sexual abuse in the 26 first degree); or such conduct as a sexually motivated felony, where 27 authorized pursuant to section 130.91 of the penal law; (ii) a person 28 fourteen or fifteen years of age for any conduct or crime other than 29 conduct constituting a crime defined in subdivisions one and two of 30 section 125.25 (murder in the second degree) and in subdivision three of 31 such section provided that the underlying crime for the murder charge is 32 one for which such person is criminally responsible; 135.25 (kidnapping 33 in the first degree); 150.20 (arson in the first degree); subdivisions 34 one and two of section 120.10 (assault in the first degree); 125.20 35 (manslaughter in the first degree); subdivisions one and two of section 36 130.35 (rape in the first degree); subdivisions one and two of section 37 130.50 (criminal sexual act in the first degree); section 130.66 (aggra- 38 vated sexual abuse in the third degree); section 130.67 (aggravated 39 sexual abuse in the second degree); 130.70 (aggravated sexual abuse in 40 the first degree); 140.30 (burglary in the first degree); subdivision 41 one of section 140.25 (burglary in the second degree); 150.15 (arson in 42 the second degree); 160.15 (robbery in the first degree); subdivision 43 two of section 160.10 (robbery in the second degree) of the penal law; 44 subdivision four of section 265.02 of the penal law, where such firearm 45 is possessed on school grounds, as that phrase is defined in subdivision 46 fourteen of section 220.00 of the penal law; or section 265.03 of the 47 penal law, where such machine gun or such firearm is possessed on school 48 grounds, as that phrase is defined in subdivision fourteen of section 49 220.00 of the penal law; or defined in the penal law as an attempt to 50 commit murder in the second degree or kidnapping in the first degree, or 51 such conduct as a sexually motivated felony, where authorized pursuant 52 to section 130.91 of the penal law. 53 § 3. Subdivision 18 of section 10.00 of the penal law, as amended by 54 chapter 7 of the laws of 2007, is amended to read as follows: 55 18. "Juvenile offender" means (1) a person thirteen years old who is 56 criminally responsible for acts constituting murder in the second degreeS. 441--A 3 1 as defined in subdivisions one and two of section 125.25 of this 2 chapter; subdivisions one and two of section 130.35 (rape in the first 3 degree); subdivisions one and two of section 130.50 (criminal sexual act 4 in the first degree); section 130.70 (aggravated sexual abuse in the 5 first degree) of this chapter; or such conduct as a sexually motivated 6 felony, where authorized pursuant to section 130.91 of [the penal law] 7 this chapter; and 8 (2) a person fourteen or fifteen years old who is criminally responsi- 9 ble for acts constituting the crimes defined in subdivisions one and two 10 of section 125.25 (murder in the second degree) and in subdivision three 11 of such section provided that the underlying crime for the murder charge 12 is one for which such person is criminally responsible; section 135.25 13 (kidnapping in the first degree); 150.20 (arson in the first degree); 14 subdivisions one and two of section 120.10 (assault in the first 15 degree); 125.20 (manslaughter in the first degree); subdivisions one and 16 two of section 130.35 (rape in the first degree); subdivisions one and 17 two of section 130.50 (criminal sexual act in the first degree); section 18 130.66 (aggravated sexual abuse in the third degree); section 130.67 19 (aggravated sexual abuse in the second degree); 130.70 (aggravated sexu- 20 al abuse in the first degree); 140.30 (burglary in the first degree); 21 subdivision one of section 140.25 (burglary in the second degree); 22 150.15 (arson in the second degree); 160.15 (robbery in the first 23 degree); subdivision two of section 160.10 (robbery in the second 24 degree) of this chapter; or section 265.03 of this chapter, where such 25 machine gun or such firearm is possessed on school grounds, as that 26 phrase is defined in subdivision fourteen of section 220.00 of this 27 chapter; or defined in this chapter as an attempt to commit murder in 28 the second degree or kidnapping in the first degree, or such conduct as 29 a sexually motivated felony, where authorized pursuant to section 130.91 30 of [the penal law] this chapter. 31 § 4. Subdivision 2 of section 30.00 of the penal law, as amended by 32 section 38 of the part WWW of chapter 59 of the laws of 2017, is amended 33 to read as follows: 34 2. A person thirteen, fourteen or, fifteen years of age is criminally 35 responsible for acts constituting murder in the second degree as defined 36 in subdivisions one and two of section 125.25 and in subdivision three 37 of such section provided that the underlying crime for the murder charge 38 is one for which such person is criminally responsible or for such 39 conduct as a sexually motivated felony, where authorized pursuant to 40 section 130.91 of this chapter; a person thirteen years of age is 41 criminally responsible for acts constituting the crimes defined in 42 subdivisions one and two of section 130.25(rape in the first degree); 43 subdivisions one and two of section 130.50 (criminal sexual act in the 44 first degree); and section 130.70 (aggravated sexual abuse in the first 45 degree) of this chapter; and a person fourteen or, fifteen years of age 46 is criminally responsible for acts constituting the crimes defined in 47 section 135.25 (kidnapping in the first degree); 150.20 (arson in the 48 first degree); subdivisions one and two of section 120.10 (assault in 49 the first degree); 125.20 (manslaughter in the first degree); subdivi- 50 sions one and two of section 130.35 (rape in the first degree); subdivi- 51 sions one and two of section 130.50 (criminal sexual act in the first 52 degree); section 130.66 (aggravated sexual abuse in the third degree); 53 section 130.67 (aggravated sexual abuse in the second degree); 130.70 54 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 55 first degree); subdivision one of section 140.25 (burglary in the second 56 degree); 150.15 (arson in the second degree); 160.15 (robbery in theS. 441--A 4 1 first degree); subdivision two of section 160.10 (robbery in the second 2 degree) of this chapter; or section 265.03 of this chapter, 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 this 5 chapter; or defined in this chapter as an attempt to commit murder in 6 the second degree or kidnapping in the first degree, or for such conduct 7 as a sexually motivated felony, where authorized pursuant to section 8 130.91 of this chapter. 9 § 5. Subdivision 8 of section 301.2 of the family court act, as 10 amended by section 57 of part WWW of chapter 59 of the laws of 2017, is 11 amended to read as follows: 12 8. "Designated felony act" means an act which, if done by an adult, 13 would be a crime: (i) defined in sections 125.27 (murder in the first 14 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 15 first degree); or 150.20 (arson in the first degree) of the penal law 16 committed by a person thirteen, fourteen, fifteen, or sixteen, or 17 commencing October first, two thousand nineteen, seventeen years of age; 18 or such conduct committed as a sexually motivated felony, where author- 19 ized pursuant to section 130.91 of the penal law; (ii) defined in 20 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 21 the first degree); 130.35 (rape in the first degree); 130.50 (criminal 22 sexual act in the first degree); 130.66 (aggravated sexual abuse in the 23 third degree); 130.67 (aggravated sexual abuse in the second degree); 24 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping 25 in the second degree) but only where the abduction involved the use or 26 threat of use of deadly physical force; 150.15 (arson in the second 27 degree) or 160.15 (robbery in the first degree) of the penal law commit- 28 ted by a person thirteen, fourteen, fifteen, or sixteen, or, commencing 29 October first, two thousand nineteen, seventeen years of age; or such 30 conduct committed as a sexually motivated felony, where authorized 31 pursuant to section 130.91 of the penal law; (iii) defined in the penal 32 law as an attempt to commit murder in the first or second degree or 33 kidnapping in the first degree committed by a person thirteen, fourteen, 34 fifteen, or sixteen, or commencing October first, two thousand nineteen, 35 seventeen years of age; or such conduct committed as a sexually moti- 36 vated felony, where authorized pursuant to section 130.91 of the penal 37 law; (iv) defined in section 140.30 (burglary in the first degree); 38 subdivision one of section 140.25 (burglary in the second degree); 39 subdivision two of section 160.10 (robbery in the second degree) of the 40 penal law; or section 265.03 of the penal law, where such machine gun or 41 such firearm is possessed on school grounds, as that phrase is defined 42 in subdivision fourteen of section 220.00 of the penal law committed by 43 a person fourteen or fifteen years of age; or such conduct committed as 44 a sexually motivated felony, where authorized pursuant to section 130.91 45 of the penal law; (v) defined in section 120.05 (assault in the second 46 degree) or 160.10 (robbery in the second degree) of the penal law 47 committed by a person fourteen, fifteen, or sixteen or, commencing Octo- 48 ber first, two thousand nineteen, seventeen years of age but only where 49 there has been a prior finding by a court that such person has previous- 50 ly committed an act which, if committed by an adult, would be the crime 51 of assault in the second degree, robbery in the second degree or any 52 designated felony act specified in paragraph (i), (ii), or (iii) of this 53 subdivision regardless of the age of such person at the time of the 54 commission of the prior act; (vi) other than a misdemeanor committed by 55 a person at least seven but less than seventeen years of age, and 56 commencing October first, two thousand nineteen, a person at least sevenS. 441--A 5 1 but less than eighteen years of age, but only where there has been two 2 prior findings by the court that such person has committed a prior felo- 3 ny. 4 § 6. This act shall take effect on the first of November next succeed- 5 ing the date on which it shall have become a law; provided, however, 6 that if part WWW of chapter 59 of the laws of 2017 shall not have taken 7 effect on or before the effective date of this act, then sections four 8 and five of this act shall take effect on the same date and in the same 9 manner as part WWW of chapter 59 of the laws of 2017, takes effect.
