Bill Text: NY S01019 | 2015-2016 | General Assembly | Introduced
Bill Title: Raises the age of criminal responsibility to eighteen years of age.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S01019 Detail]
Download: New_York-2015-S01019-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1019
2015-2016 Regular Sessions
I N S E N A T E
January 8, 2015
___________
Introduced by Sens. MONTGOMERY, HOYLMAN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, the executive law, the fami-
ly court act and the penal law, in relation to raising the age of
criminal responsibility; and to repeal certain provisions of the crim-
inal procedure law, relating thereto
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, WHERE PROSECUTION IS AUTHORIZED BY LAW,
5 INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THIS CHAPTER AND SECTION
6 325.5 OF THE FAMILY COURT ACT: (1) a person, thirteen years old who is
7 criminally responsible for acts constituting murder in the second degree
8 as defined in subdivisions one and two of section 125.25 of the penal
9 law, or such conduct as a sexually motivated felony, where authorized
10 pursuant to section 130.91 of the penal law; and (2) a person fourteen
11 [or], fifteen, SIXTEEN, OR SEVENTEEN years old who is criminally respon-
12 sible for acts constituting the crimes defined in subdivisions one and
13 two of section 125.25 (murder in the second degree) and in subdivision
14 three of such section provided that the underlying crime for the murder
15 charge is one for which such person is criminally responsible; section
16 135.25 (kidnapping in the first degree); 150.20 (arson in the first
17 degree); subdivisions one and two of section 120.10 (assault in the
18 first degree); 125.20 (manslaughter in the first degree); subdivisions
19 one and two of section 130.35 (rape in the first degree); subdivisions
20 one and two of section 130.50 (criminal sexual act in the first degree);
21 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary
22 in the first degree); subdivision one of section 140.25 (burglary in the
23 second degree); 150.15 (arson in the second degree); 160.15 (robbery in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02776-01-5
S. 1019 2
1 the first degree); subdivision two of section 160.10 (robbery in the
2 second degree) of the penal law; or section 265.03 of the penal law,
3 where such machine gun or such firearm is possessed on school grounds,
4 as that phrase is defined in subdivision fourteen of section 220.00 of
5 the penal law; or defined in the penal law as an attempt to commit
6 murder in the second degree or kidnapping in the first degree, or such
7 conduct as a sexually motivated felony, where authorized pursuant to
8 section 130.91 of the penal law.
9 S 2. Paragraphs (a) and (b) of subdivision 3 and subdivision 5 of
10 section 180.75 of the criminal procedure law, paragraph (a) of subdivi-
11 sion 3 as added by chapter 481 of the laws of 1978, paragraph (b) of
12 subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi-
13 sion 5 as added by chapter 411 of the laws of 1979, are amended to read
14 as follows:
15 (a) If there is reasonable cause to believe that the defendant commit-
16 ted a crime for which a person under the age of [sixteen] EIGHTEEN is
17 criminally responsible, the court must order that the defendant be held
18 for the action of a grand jury of the appropriate superior court, and it
19 must promptly transmit to such superior court the order, the felony
20 complaint, the supporting depositions and all other pertinent documents.
21 Until such papers are received by the superior court, the action is
22 deemed to be still pending in the local criminal court; or
23 (b) If there is not reasonable cause to believe that the defendant
24 committed a crime for which a person under the age of [sixteen] EIGHTEEN
25 is criminally responsible but there is reasonable cause to believe that
26 the defendant is a "juvenile delinquent" as defined in subdivision one
27 of section 301.2 of the family court act, the court must specify the act
28 or acts it found reasonable cause to believe the defendant did and
29 direct that the action be removed to the family court in accordance with
30 the provisions of article seven hundred twenty-five of this chapter; or
31 5. Notwithstanding the provisions of subdivision two, three, or four,
32 if a currently undetermined felony complaint against a juvenile offender
33 is pending in a local criminal court, and the defendant has not waived a
34 hearing pursuant to subdivision two and a hearing pursuant to subdivi-
35 sion three has not commenced, the defendant may move in the superior
36 court which would exercise the trial jurisdiction of the offense or
37 offenses charged were an indictment therefor to result, to remove the
38 action to family court. The procedural rules of subdivisions one and two
39 of section 210.45 of this chapter are applicable to a motion pursuant to
40 this subdivision. Upon such motion, the superior court shall be author-
41 ized to sit as a local criminal court to exercise the preliminary juris-
42 diction specified in subdivisions two and three of this section, and
43 shall proceed and determine the motion as provided in section 210.43 of
44 this chapter[; provided, however, that the exception provisions of para-
45 graph (b) of subdivision one of such section 210.43 shall not apply when
46 there is not reasonable cause to believe that the juvenile offender
47 committed one or more of the crimes enumerated therein, and in such
48 event the provisions of paragraph (a) thereof shall apply].
49 S 3. Subdivisions (a), (b) and (c) of section 190.71 of the criminal
50 procedure law, subdivision (a) as amended by chapter 7 of the laws of
51 2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of
52 1978, are amended to read as follows:
53 (a) Except as provided in subdivision six of section 200.20 of this
54 chapter, a grand jury may not indict (i) a person thirteen years of age
55 for any conduct or crime other than conduct constituting a crime defined
56 in subdivisions one and two of section 125.25 (murder in the second
S. 1019 3
1 degree) or such conduct as a sexually motivated felony, where authorized
2 pursuant to section 130.91 of the penal law; (ii) a person fourteen
3 [or], fifteen, SIXTEEN OR SEVENTEEN years of age for any conduct or
4 crime other than conduct constituting a crime defined in subdivisions
5 one and two of section 125.25 (murder in the second degree) and in
6 subdivision three of such section provided that the underlying crime for
7 the murder charge is one for which such person is criminally responsi-
8 ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
9 degree); subdivisions one and two of section 120.10 (assault in the
10 first degree); 125.20 (manslaughter in the first degree); subdivisions
11 one and two of section 130.35 (rape in the first degree); subdivisions
12 one and two of section 130.50 (criminal sexual act in the first degree);
13 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary
14 in the first degree); subdivision one of section 140.25 (burglary in the
15 second degree); 150.15 (arson in the second degree); 160.15 (robbery in
16 the first degree); subdivision two of section 160.10 (robbery in the
17 second degree) of the penal law; [subdivision four of section 265.02 of
18 the penal law, where such firearm is possessed on school grounds, as
19 that phrase is defined in subdivision fourteen of section 220.00 of the
20 penal law;] or section 265.03 of the penal law, where such machine gun
21 or such firearm is possessed on school grounds, as that phrase is
22 defined in subdivision fourteen of section 220.00 of the penal law; or
23 defined in the penal law as an attempt to commit murder in the second
24 degree or kidnapping in the first degree, or such conduct as a sexually
25 motivated felony, where authorized pursuant to section 130.91 of the
26 penal law.
27 (b) A grand jury may vote to file a request to remove a charge to the
28 family court if it finds that a person thirteen, fourteen [or], fifteen,
29 SIXTEEN OR SEVENTEEN years of age did an act which, if done by a person
30 over the age of [sixteen] EIGHTEEN, would constitute a crime provided
31 (1) such act is one for which it may not indict; (2) it does not indict
32 such person for a crime; and (3) the evidence before it is legally
33 sufficient to establish that such person did such act and competent and
34 admissible evidence before it provides reasonable cause to believe that
35 such person did such act.
36 (c) Upon voting to remove a charge to the family court pursuant to
37 subdivision (b) of this section, the grand jury must, through its fore-
38 man or acting foreman, file a request to transfer such charge to the
39 family court. Such request shall be filed with the court by which it was
40 impaneled. It must (1) allege that a person named therein did any act
41 which, if done by a person over the age of [sixteen] EIGHTEEN, would
42 constitute a crime; (2) specify the act and the time and place of its
43 commission; and (3) be signed by the foreman or the acting foreman.
44 S 4. Subdivision 6 of section 200.20 of the criminal procedure law, as
45 added by chapter 136 of the laws of 1980, is amended to read as follows:
46 6. Where an indictment charges at least one offense against a defend-
47 ant who was under the age of [sixteen] EIGHTEEN at the time of the
48 commission of the crime and who did not lack criminal responsibility for
49 such crime by reason of infancy, the indictment may, in addition, charge
50 in separate counts one or more other offenses for which such person
51 would not have been criminally responsible by reason of infancy, if:
52 (a) the offense for which the defendant is criminally responsible and
53 the one or more other offenses for which he would not have been crimi-
54 nally responsible by reason of infancy are based upon the same act or
55 upon the same criminal transaction, as that term is defined in subdivi-
56 sion two of section 40.10 of this chapter; or
S. 1019 4
1 (b) the offenses are of such nature that either proof of the first
2 offense would be material and admissible as evidence in chief upon a
3 trial of the second, or proof of the second would be material and admis-
4 sible as evidence in chief upon a trial of the first.
5 S 5. Subdivision 5 of section 210.20 of the criminal procedure law, as
6 added by chapter 136 of the laws of 1980, is amended to read as follows:
7 5. If the court dismisses one or more counts of an indictment, against
8 a defendant who was under the age of [sixteen] EIGHTEEN at the time of
9 the commission of the crime and who did not lack criminal responsibility
10 for such crime by reason of infancy, and one or more other counts of the
11 indictment having been joined in the indictment solely with the
12 dismissed count pursuant to subdivision six of section 200.20 is not
13 dismissed, the court must direct that such count be removed to the fami-
14 ly court in accordance with article seven hundred twenty-five of this
15 chapter.
16 S 6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
17 procedure law, as amended by chapter 264 of the laws of 2003, is amended
18 to read as follows:
19 (b) [with the consent of the district attorney,] order removal of an
20 action involving an indictment charging a juvenile offender with murder
21 in the second degree as defined in section 125.25 of the penal law; rape
22 in the first degree, as defined in subdivision one of section 130.35 of
23 the penal law; criminal sexual act in the first degree, as defined in
24 subdivision one of section 130.50 of the penal law; or an armed felony
25 as defined in paragraph (a) of subdivision forty-one of section 1.20, to
26 the family court pursuant to the provisions of article seven hundred
27 twenty-five of this chapter if the court finds one or more of the
28 following factors: (i) mitigating circumstances that bear directly upon
29 the manner in which the crime was committed; (ii) where the defendant
30 was not the sole participant in the crime, the defendant's participation
31 was relatively minor although not so minor as to constitute a defense to
32 the prosecution; or (iii) possible deficiencies in the proof of the
33 crime, and, after consideration of the factors set forth in subdivision
34 two of this section, the court determined that removal of the action to
35 the family court would be in the interests of justice.
36 S 7. Subparagraphs (i), (iii) and the second undesignated paragraph of
37 paragraph (g) of subdivision 5 of section 220.10 of the criminal proce-
38 dure law, subparagraph (i) as amended by chapter 410 of the laws of
39 1979, subparagraph (iii) as amended by chapter 264 of the laws of 2003
40 and the second undesignated paragraph as amended by chapter 920 of the
41 laws of 1982, are amended to read as follows:
42 (i) If the indictment charges a person fourteen [or] fifteen, SIXTEEN
43 OR SEVENTEEN years old with the crime of murder in the second degree any
44 plea of guilty entered pursuant to subdivision three or four must be a
45 plea of guilty of a crime for which the defendant is criminally respon-
46 sible;
47 (iii) Where the indictment does not charge a crime specified in
48 subparagraph (i) of this paragraph, the district attorney may recommend
49 removal of the action to the family court. Upon making such recommenda-
50 tion the district attorney shall submit a subscribed memorandum setting
51 forth: (1) a recommendation that the interests of justice would best be
52 served by removal of the action to the family court; and (2) if the
53 indictment charges a thirteen year old with the crime of murder in the
54 second degree, or a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN year
55 old with the crimes of rape in the first degree as defined in subdivi-
56 sion one of section 130.35 of the penal law, or criminal sexual act in
S. 1019 5
1 the first degree as defined in subdivision one of section 130.50 of the
2 penal law, or an armed felony as defined in paragraph (a) of subdivision
3 forty-one of section 1.20 of this chapter specific factors, one or more
4 of which reasonably supports the recommendation, showing, (i) mitigating
5 circumstances that bear directly upon the manner in which the crime was
6 committed, or (ii) where the defendant was not the sole participant in
7 the crime, that the defendant's participation was relatively minor
8 although not so minor as to constitute a defense to the prosecution, or
9 (iii) possible deficiencies in proof of the crime, or (iv) where the
10 juvenile offender has no previous adjudications of having committed a
11 designated felony act, as defined in subdivision eight of section 301.2
12 of the family court act, regardless of the age of the offender at the
13 time of commission of the act, that the criminal act was not part of a
14 pattern of criminal behavior and, in view of the history of the offen-
15 der, is not likely to be repeated.
16 If the court is of the opinion [based on specific factors set forth in
17 the district attorney's memorandum] that the interests of justice would
18 best be served by removal of the action to the family court, a plea of
19 guilty of a crime or act for which the defendant is not criminally
20 responsible may be entered pursuant to subdivision three or four of this
21 section, except that a thirteen year old charged with the crime of
22 murder in the second degree may only plead to a designated felony act,
23 as defined in subdivision eight of section 301.2 of the family court
24 act.
25 S 8. Subdivision 5 of section 300.50 of the criminal procedure law,
26 as added by chapter 481 of the laws of 1978, is amended to read as
27 follows:
28 5. Where the indictment charges a crime committed by the defendant
29 while he OR SHE was under the age of [sixteen] EIGHTEEN but a lesser
30 included offense would be one for which the defendant is not criminally
31 responsible by reason of infancy, such lessor included offense may
32 nevertheless be submitted to the jury in the same manner as an offense
33 for which the defendant would be criminally responsible notwithstanding
34 the fact that a verdict of guilty would not result in a criminal
35 conviction.
36 S 9. Section 330.25 of the criminal procedure law, as added by chapter
37 481 of the laws of 1978, and subdivision 2 as amended by chapter 920 of
38 the laws of 1982, is amended to read as follows:
39 S 330.25 Removal after verdict.
40 1. Where a defendant is a juvenile offender who does not stand
41 convicted of murder in the second degree, upon motion [and with the
42 consent of the district attorney], the action may be removed to the
43 family court in the interests of justice pursuant to article seven
44 hundred twenty-five of this chapter notwithstanding the verdict.
45 2. [If the district attorney consents to the motion for removal pursu-
46 ant to this section, he shall file a subscribed memorandum with the
47 court setting forth (1) a recommendation that] IN DETERMINING THE
48 MOTION, THE COURT SHALL CONSIDER: (1) WHETHER the interests of justice
49 would best be served by removal of the action to the family court; and
50 (2) if the conviction is of an offense set forth in paragraph (b) of
51 subdivision one of section 210.43 of this chapter, WHETHER specific
52 factors EXIST, one or more of which reasonably [support] SUPPORTS the
53 [recommendation] MOTION, showing, (i) mitigating circumstances that bear
54 directly upon the manner in which the crime was committed, or (ii) where
55 the defendant was not the sole participant in the crime, that the
56 defendant's participation was relatively minor although not so minor as
S. 1019 6
1 to constitute a defense to prosecution, or (iii) where the juvenile
2 offender has no previous adjudications of having committed a designated
3 felony act, as defined in subdivision eight of section 301.2 of the
4 family court act, regardless of the age of the offender at the time of
5 commission of the act, that the criminal act was not part of a pattern
6 of criminal behavior and, in view of the history of the offender, is not
7 likely to be repeated.
8 3. If the court is of the opinion, based upon the specific factors
9 [set forth in the district attorney's memorandum] SHOWN TO THE COURT,
10 that the interests of justice would best be served by removal of the
11 action to the family court, the verdict shall be set aside and a plea of
12 guilty of a crime or act for which the defendant is not criminally
13 responsible may be entered pursuant to subdivision three or four of
14 section 220.10 of this chapter. Upon accepting any such plea, the court
15 must specify upon the record the [portion or portions of the district
16 attorney's statement] FACTORS the court is relying upon as the basis of
17 its opinion and that it believes the interests of justice would best be
18 served by removal of the proceeding to the family court. Such plea
19 shall then be deemed to be a juvenile delinquency fact determination and
20 the court upon entry thereof must direct that the action be removed to
21 the family court in accordance with the provisions of article seven
22 hundred twenty-five of this chapter.
23 S 10. Section 510.15 of the criminal procedure law, as amended by
24 chapter 411 of the laws of 1979, subdivision 1 as designated and subdi-
25 vision 2 as added by chapter 359 of the laws of 1980, is amended to read
26 as follows:
27 S 510.15 Commitment of principal under [sixteen] EIGHTEEN.
28 1. When a principal who is under the age of [sixteen] EIGHTEEN is
29 committed to the custody of the sheriff the court must direct that the
30 principal be taken to and lodged in a place certified by the state
31 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juve-
32 nile detention facility for the reception of children. Where such a
33 direction is made the sheriff shall deliver the principal in accordance
34 therewith and such person shall although lodged and cared for in a juve-
35 nile detention facility continue to be deemed to be in the custody of
36 the sheriff. No principal under the age of [sixteen] EIGHTEEN to whom
37 the provisions of this section may apply shall be detained in any pris-
38 on, jail, lockup, or other place used for adults convicted of a crime or
39 under arrest and charged with the commission of a crime without the
40 approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
41 SERVICES in the case of each principal and the statement of its reasons
42 therefor. The sheriff shall not be liable for any acts done to or by
43 such principal resulting from negligence in the detention of and care
44 for such principal, when the principal is not in the actual custody of
45 the sheriff.
46 2. Except upon consent of the defendant or for good cause shown, in
47 any case in which a new securing order is issued for a principal previ-
48 ously committed to the custody of the sheriff pursuant to this section,
49 such order shall further direct the sheriff to deliver the principal
50 from a juvenile detention facility to the person or place specified in
51 the order.
52 S 11. Subdivision 1 of section 720.10 of the criminal procedure law,
53 as amended by chapter 411 of the laws of 1979, is amended to read as
54 follows:
55 1. "Youth" means a person charged with a crime alleged to have been
56 committed when he was at least [sixteen] EIGHTEEN years old and less
S. 1019 7
1 than [nineteen] TWENTY years old or a person charged with being a juve-
2 nile offender as defined in subdivision forty-two of section 1.20 of
3 this chapter.
4 S 12. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
5 procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
6 S 13. Paragraph (e) of subdivision 2 of section 725.20 of the criminal
7 procedure law, as amended by chapter 411 of the laws of 1979, is amended
8 to read as follows:
9 (e) Where the direction is one authorized by subdivision one of
10 section 210.43 of this chapter, a copy of that portion of the minutes
11 containing the statement by the court pursuant to paragraph [(a)] A of
12 subdivision five of section 210.43; AND
13 S 14. The criminal procedure law is amended by adding a new article
14 726 to read as follows:
15 ARTICLE 726
16 REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED
17 JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT
18 SECTION 726.00 APPLICABILITY.
19 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
20 S 726.00 APPLICABILITY.
21 THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A COURT DIRECTS
22 THAT AN ACTION OR CHARGE BROUGHT BY A JUVENILE DELINQUENCY PETITION,
23 PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT, AGAINST A JUVENILE
24 OFFENDER WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF
25 SUCH OFFENSE, IS TO BE REMOVED FROM FAMILY COURT TO A SUPERIOR CRIMINAL
26 COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT.
27 S 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
28 1. WHEN A FAMILY COURT DIRECTS THAT AN ACTION OR CHARGE BROUGHT
29 AGAINST A JUVENILE OFFENDER BY A JUVENILE DELINQUENCY PETITION PURSUANT
30 TO ARTICLE THREE OF THE FAMILY COURT ACT BE REMOVED FROM FAMILY COURT TO
31 A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT
32 ACT, THE DISTRICT ATTORNEY WHO REQUESTED SUCH REMOVAL SHALL PROMPTLY
33 FILE SUCH REMOVAL ORDER AND THE APPROPRIATE CHARGING DOCUMENTS WITH THE
34 SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURISDICTION OVER SUCH
35 OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO RESULT.
36 2. FOLLOWING THE GRANTING OF SUCH AN ORDER OF REMOVAL, THE JUVENILE
37 SHALL BE BROUGHT FORTHWITH AND WITH ALL REASONABLE SPEED BEFORE THE
38 APPROPRIATE SUPERIOR CRIMINAL COURT FOR APPROPRIATE PROCEEDINGS. FOR
39 PURPOSES OF THIS SECTION, A JUDGE OR JUSTICE OF A SUPERIOR COURT SHALL
40 PRESIDE OVER SUCH PROCEEDINGS AS SUCH A JUDGE OR JUSTICE OF THE SUPERIOR
41 CRIMINAL COURT, OR AS A LOCAL CRIMINAL COURT, AS APPROPRIATE.
42 3. THE SUPERIOR CRIMINAL COURT MUST ASSUME JURISDICTION AND PROCEED AS
43 THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND TO THE EXTENT PROVIDED BY
44 LAW.
45 4. UPON THE FILING OF AN ORDER OF REMOVAL IN THE SUPERIOR CRIMINAL
46 COURT, THE FAMILY COURT ARTICLE THREE ACTION UPON WHICH THE ORDER IS
47 BASED SHALL BE TERMINATED AND THERE SHALL BE NO FURTHER PROCEEDINGS IN
48 THE FAMILY COURT WITH RESPECT TO THE OFFENSE, UNLESS SUCH ACTION IS
49 REMOVED BACK TO THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF
50 ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER. ALL FURTHER
51 PROCEEDINGS INCLUDING MOTIONS AND APPEALS SHALL BE IN ACCORDANCE WITH
52 LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE ALL FIND-
53 INGS, DETERMINATIONS, VERDICTS AND ORDERS, OTHER THAN THE ORDER OF
54 REMOVAL, SHALL BE DEEMED TO HAVE BEEN MADE BY THE SUPERIOR CRIMINAL
55 COURT.
S. 1019 8
1 S 15. Section 507-d of the executive law, as amended by chapter 465 of
2 the laws of 1992, is amended to read as follows:
3 S 507-d. Confinement of juvenile delinquents under sentence of the
4 courts of the United States. The directors of secure and limited secure
5 facilities shall receive and safely keep in such facilities, subject to
6 the provisions of this article, any person not over the age of [sixteen]
7 EIGHTEEN years convicted of any offense against the United States, and
8 sentenced to imprisonment by any court of the United States, sitting
9 within this state, until such sentences be executed, or until such
10 delinquent shall be discharged by due course of law, conditioned upon
11 the United States supporting such delinquent and paying the expenses
12 attendant upon the execution of such sentence.
13 S 16. Subparagraph 1 of paragraph (a) of subdivision 5 of section 530
14 of the executive law, as amended by section 5 of subpart B of part Q of
15 chapter 58 of the laws of 2011, is amended to read as follows:
16 (1) temporary care, maintenance and supervision provided alleged juve-
17 nile delinquents and persons in need of supervision in detention facili-
18 ties certified pursuant to sections seven hundred twenty and 305.2 of
19 the family court act by the office of children and family services,
20 pending adjudication of alleged delinquency or alleged need of super-
21 vision by the family court, or pending transfer to institutions to which
22 committed or placed by such court or while awaiting disposition by such
23 court after adjudication or held pursuant to a securing order of a crim-
24 inal court if the person named therein as principal is under [sixteen]
25 EIGHTEEN; or,
26 S 17. Subdivision (b) of section 117 of the family court act, as
27 amended by chapter 7 of the laws of 2007, is amended to read as follows:
28 (b) For every juvenile delinquency proceeding under article three
29 involving an allegation of an act committed by a person which, if done
30 by an adult, would be a crime (i) defined in sections 125.27 (murder in
31 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
32 ping in the first degree); or 150.20 (arson in the first degree) of the
33 penal law committed by a person thirteen, fourteen or fifteen years of
34 age; or such conduct committed as a sexually motivated felony, where
35 authorized pursuant to section 130.91 of the penal law; (ii) defined in
36 sections 120.10 (assault in the first degree); 125.20 (manslaughter in
37 the first degree); 130.35 (rape in the first degree); 130.50 (criminal
38 sexual act in the first degree); 135.20 (kidnapping in the second
39 degree), but only where the abduction involved the use or threat of use
40 of deadly physical force; 150.15 (arson in the second degree); or 160.15
41 (robbery in the first degree) of the penal law committed by a person
42 thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or
43 such conduct committed as a sexually motivated felony, where authorized
44 pursuant to section 130.91 of the penal law; (iii) defined in the penal
45 law as an attempt to commit murder in the first or second degree or
46 kidnapping in the first degree committed by a person thirteen, fourteen
47 or fifteen years of age; or such conduct committed as a sexually moti-
48 vated felony, where authorized pursuant to section 130.91 of the penal
49 law; (iv) defined in section 140.30 (burglary in the first degree);
50 subdivision one of section 140.25 (burglary in the second degree);
51 subdivision two of section 160.10 (robbery in the second degree) of the
52 penal law; or section 265.03 of the penal law, where such machine gun or
53 such firearm is possessed on school grounds, as that phrase is defined
54 in subdivision fourteen of section 220.00 of the penal law committed by
55 a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or
56 such conduct committed as a sexually motivated felony, where authorized
S. 1019 9
1 pursuant to section 130.91 of the penal law; (v) defined in section
2 120.05 (assault in the second degree) or 160.10 (robbery in the second
3 degree) of the penal law committed by a person fourteen or fifteen years
4 of age but only where there has been a prior finding by a court that
5 such person has previously committed an act which, if committed by an
6 adult, would be the crime of assault in the second degree, robbery in
7 the second degree or any designated felony act specified in clause (i),
8 (ii) or (iii) of this subdivision regardless of the age of such person
9 at the time of the commission of the prior act; or (vi) other than a
10 misdemeanor, committed by a person at least seven but less than
11 [sixteen] EIGHTEEN years of age, but only where there has been two prior
12 findings by the court that such person has committed a prior act which,
13 if committed by an adult would be a felony:
14 (i) There is hereby established in the family court in the city of New
15 York at least one "designated felony act part." Such part or parts shall
16 be held separate from all other proceedings of the court, and shall have
17 jurisdiction over all proceedings involving such an allegation. All such
18 proceedings shall be originated in or be transferred to this part from
19 other parts as they are made known to the court.
20 (ii) Outside the city of New York, all proceedings involving such an
21 allegation shall have a hearing preference over every other proceeding
22 in the court, except proceedings under article ten.
23 (III) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT ONE OR MORE
24 "VIOLATION AND TRAFFIC INFRACTION PARTS". SUCH PARTS SHALL HAVE JURIS-
25 DICTION, OVER ANY OFFENSE THAT IS NOT A FELONY, OR A MISDEMEANOR UNDER
26 THE PENAL LAW ALLEGEDLY COMMITTED BY A PERSON SIXTEEN OR SEVENTEEN YEARS
27 OF AGE. NOTHING IN THIS SUBPARAGRAPH SHALL PREVENT A JUDGE PRESIDING
28 OVER A PROCEEDING CONCERNING SUCH AN OFFENSE, AFTER NOTICE AND AN OPPOR-
29 TUNITY FOR THE PARTIES TO BE HEARD, FROM TRANSFERRING SUCH PROCEEDING TO
30 OR CONSOLIDATING SUCH PROCEEDING BEFORE ANOTHER FAMILY COURT JUDGE, IN
31 THE SAME JURISDICTION, BEFORE WHOM A RELATED PROCEEDING, INVOLVING THE
32 SAME RESPONDENT, IS PENDING.
33 S 18. Subdivision (a) of section 158 of the family court act is
34 amended to read as follows:
35 (a) The family court may place in protective custody a person under
36 [sixteen] EIGHTEEN years of age who is a material witness, as provided
37 by law.
38 S 19. The family court act is amended by adding a new section 325.5 to
39 read as follows:
40 S 325.5. REMOVAL FOR PROCEEDINGS IN A SUPERIOR COURT; CERTAIN ALLEGED
41 OFFENSES BY YOUTHS AGE THIRTEEN, FOURTEEN OR FIFTEEN. 1. (A) (I)
42 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF PART FOUR OF THIS ARTICLE,
43 AT ANY TIME WITHIN TEN DAYS AFTER THE INITIAL APPEARANCE WITH RESPECT TO
44 A JUVENILE DELINQUENCY PETITION WHICH ALLEGES CONDUCT THAT IS ALSO A
45 JUVENILE OFFENSE, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF
46 THE PENAL LAW, AND THAT IS PENDING PURSUANT TO THIS ARTICLE AGAINST A
47 YOUTH WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME OF
48 SUCH ALLEGED OFFENSE, IF SUCH RESPONDENT HAS NOT ENTERED AN ADMISSION TO
49 ALL SUCH JUVENILE OFFENSE COUNTS PURSUANT TO SECTION 321.2 OF THIS PART
50 THAT HAS BEEN ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT
51 WAIVED A FACT-FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND
52 SUCH A FACT-FINDING HEARING HAS NOT OTHERWISE COMMENCED, THE APPROPRIATE
53 PRESENTMENT AGENCY SHALL, UPON THE WRITTEN REQUEST OF THE DISTRICT
54 ATTORNEY HAVING GEOGRAPHIC JURISDICTION OVER SUCH ALLEGED OFFENSE,
55 PROMPTLY SERVE AND FILE, IN THE FAMILY COURT IN WHICH SUCH PETITION IS
56 PENDING, A MOTION SEEKING TO REMOVE SUCH JUVENILE OFFENDER COUNT OR
S. 1019 10
1 COUNTS TO THE SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURIS-
2 DICTION OVER SUCH OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO
3 RESULT.
4 (II) SUCH REQUEST BY THE PRESENTMENT AGENCY MAY (IF SOUGHT IN SUCH
5 DISTRICT ATTORNEY'S WRITTEN REQUEST) INCLUDE A REQUEST TO REMOVE TO THE
6 SUPERIOR CRIMINAL COURT OTHER SPECIFIED RELATED OFFENSES OF THE TYPE
7 DESCRIBED IN SUBDIVISION SIX OF SECTION 200.20 OF THE CRIMINAL PROCEDURE
8 LAW, PROVIDED THAT THE RESPONDENT HAS NOT ENTERED AN ADMISSION TO SUCH
9 COUNT OR COUNTS PURSUANT TO SECTION 321.2 OF THIS PART THAT HAS BEEN
10 ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT WAIVED A FACT-
11 FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND SUCH A FACT-
12 FINDING HEARING HAS NOT OTHERWISE COMMENCED.
13 (B) (I) IN ITS MOTION, WHICH SHALL BE IN WRITING, THE PRESENTMENT
14 AGENCY SHALL SET FORTH THE REASONS FOR THE MOTION FOR REMOVAL, WHICH
15 SHALL BE STATED IN DETAIL AND NOT IN CONCLUSORY TERMS. THE WRITTEN
16 REQUEST OF THE DISTRICT ATTORNEY, WHICH MUST ALSO BE STATED IN DETAIL
17 AND NOT IN CONCLUSORY TERMS, SHALL BE APPENDED TO THE MOTION. SUCH
18 DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY ACTING ON BEHALF OF
19 SUCH DISTRICT ATTORNEY, MAY ALSO SERVE AND FILE AN AFFIRMATION IN THE
20 NATURE OF AN AMICUS CURIAE IN THE FAMILY COURT IN SUPPORT OF SUCH
21 MOTION.
22 (II) THE COURT MAY GRANT A HEARING ON THE MOTION AT THE REQUEST OF ANY
23 PARTY. THE PRESENTMENT AGENCY SHALL HAVE THE BURDEN TO SHOW: (A) AGGRA-
24 VATING CIRCUMSTANCES THAT BEAR DIRECTLY ON THE MANNER IN WHICH SUCH
25 CRIME OR CRIMES WERE COMMITTED; AND (B) IF THE RESPONDENT WAS NOT THE
26 SOLE PARTICIPANT IN SUCH CRIME OR CRIMES, THAT THE RESPONDENT PLAYED A
27 MAJOR ROLE OR WAS THE DOMINANT PARTICIPANT IN SUCH CRIMES. IF SUCH
28 BURDEN IS MET, THE COURT MAY GRANT REMOVAL ONLY IF, AFTER CONSIDERING
29 THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION 210.43 OF THE CRIMI-
30 NAL PROCEDURE LAW, IT DETERMINES THAT REMOVAL TO A SUPERIOR COURT IS
31 NECESSARY TO ACCOMPLISH THE PURPOSES SET FORTH IN SECTION 1.05 OF THE
32 PENAL LAW AND ASSURE A JUST AND FAIR RESULT.
33 2. (A) IF THE COURT ORDERS REMOVAL OF ALL OR A PORTION OF THE ACTION
34 TO A SUPERIOR CRIMINAL COURT PURSUANT TO SUBDIVISION ONE OF THIS
35 SECTION, IT SHALL STATE ON THE RECORD THE FACTORS UPON WHICH ITS DETER-
36 MINATION IS BASED, AND SHALL GIVE ITS REASONS FOR REMOVAL IN DETAIL AND
37 NOT IN CONCLUSORY TERMS.
38 (B) WHERE A MOTION FOR REMOVAL PURSUANT TO SUBDIVISION ONE OF THIS
39 SECTION HAS BEEN DENIED, NO FURTHER MOTION PURSUANT TO THIS SECTION MAY
40 BE MADE BY THE PRESENTMENT AGENCY WITH RESPECT TO THE SAME OFFENSE OR
41 OFFENSES.
42 3. (A) WHERE AN ORDER OF REMOVAL HAS BEEN GRANTED PURSUANT TO THIS
43 SECTION, AND THE RESPONDENT IS IN DETENTION PURSUANT TO SECTION 320.5 OF
44 THIS PART, THE ORDER OF REMOVAL TO THE SUPERIOR CRIMINAL COURT MUST
45 PROVIDE THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST OR
46 SOME OTHER PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE SPEED TAKE
47 THE JUVENILE TO THE DESIGNATED SUPERIOR COURT. THE ORDER OF REMOVAL MUST
48 SPECIFY A DATE CERTAIN WITHIN TEN DAYS FROM THE DATE OF THE ORDER OF
49 REMOVAL FOR THE RESPONDENT'S APPEARANCE IN SUCH SUPERIOR COURT PROVIDED,
50 HOWEVER, THAT WHERE THE RESPONDENT IS IN DETENTION OR IN THE CUSTODY OF
51 THE SHERIFF THAT DATE MUST BE NOT LATER THAN THE NEXT DAY THE SUPERIOR
52 COURT IS IN SESSION.
53 (B) THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF THE PLEADINGS AND
54 PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO
55 THE DESIGNATED SUPERIOR COURT AND BE DELIVERED TO AND FILED WITH THE
56 CLERK OF THAT COURT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM
S. 1019 11
1 "PLEADINGS AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING, INQUIRY
2 OR TRIAL HELD IN THE ACTION AND THE MINUTES OF ANY PLEA ACCEPTED AND
3 ENTERED.
4 (C) THE ORDER OF REMOVAL MUST BE SIGNED BY THE JUDGE OF THE FAMILY
5 COURT WHO DIRECTED THE REMOVAL.
6 S 20. Subdivisions 1, 8 and 14 of section 301.2 of the family court
7 act, subdivisions 1 and 14 as added by chapter 920 of the laws of 1982
8 and subdivision 8 as amended by chapter 7 of the laws of 2007, are
9 amended to read as follows:
10 1. "Juvenile delinquent" means a person over seven and less than
11 [sixteen] EIGHTEEN years of age, who, having committed an act that would
12 constitute a crime if committed by an adult, (a) is not criminally
13 responsible for such conduct by reason of infancy, [or] (b) is the
14 defendant in an action ordered removed from a criminal court to the
15 family court pursuant to article seven hundred twenty-five of the crimi-
16 nal procedure law, OR (C) COULD BE, BUT IS NOT, THE DEFENDANT IN AN
17 ACTION AGAINST A SIXTEEN OR SEVENTEEN YEAR OLD AUTHORIZED BY SUBDIVISION
18 FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
19 8. "Designated felony act" means an act which, if done by an adult,
20 would be a crime: (i) defined in sections 125.27 (murder in the first
21 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
22 first degree); or 150.20 (arson in the first degree) of the penal law
23 committed by a person thirteen, fourteen [or], fifteen, SIXTEEN OR
24 SEVENTEEN years of age; or such conduct committed as a sexually moti-
25 vated felony, where authorized pursuant to section 130.91 of the penal
26 law; (ii) defined in sections 120.10 (assault in the first degree);
27 125.20 (manslaughter in the first degree); 130.35 (rape in the first
28 degree); 130.50 (criminal sexual act in the first degree); 130.70
29 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
30 second degree) but only where the abduction involved the use or threat
31 of use of deadly physical force; 150.15 (arson in the second degree) or
32 160.15 (robbery in the first degree) of the penal law committed by a
33 person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years of
34 age; or such conduct committed as a sexually motivated felony, where
35 authorized pursuant to section 130.91 of the penal law; (iii) defined in
36 the penal law as an attempt to commit murder in the first or second
37 degree or kidnapping in the first degree committed by a person thirteen,
38 fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or such
39 conduct committed as a sexually motivated felony, where authorized
40 pursuant to section 130.91 of the penal law; (iv) defined in section
41 140.30 (burglary in the first degree); subdivision one of section 140.25
42 (burglary in the second degree); subdivision two of section 160.10
43 (robbery in the second degree) of the penal law; or section 265.03 of
44 the penal law, where such machine gun or such firearm is possessed on
45 school grounds, as that phrase is defined in subdivision fourteen of
46 section 220.00 of the penal law committed by a person fourteen [or],
47 fifteen, SIXTEEN OR SEVENTEEN years of age; or such conduct committed as
48 a sexually motivated felony, where authorized pursuant to section 130.91
49 of the penal law; (v) defined in section 120.05 (assault in the second
50 degree) or 160.10 (robbery in the second degree) of the penal law
51 committed by a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
52 of age but only where there has been a prior finding by a court that
53 such person has previously committed an act which, if committed by an
54 adult, would be the crime of assault in the second degree, robbery in
55 the second degree or any designated felony act specified in paragraph
56 (i), (ii), or (iii) of this subdivision regardless of the age of such
S. 1019 12
1 person at the time of the commission of the prior act; or (vi) other
2 than a misdemeanor committed by a person at least seven but less than
3 [sixteen] EIGHTEEN years of age, but only where there has been two prior
4 findings by the court that such person has committed a prior felony.
5 14. Any reference in this article to "CRIME" OR the commission of a
6 crime includes any act which, if done by an adult, would constitute a
7 crime, AND ANY ACT COMMITTED BY A YOUTH AGED SIXTEEN OR SEVENTEEN WHICH,
8 IF DONE BY AN ADULT, WOULD CONSTITUTE AN OFFENSE AS DEFINED IN SUBDIVI-
9 SION ONE OF SECTION 10.00 OF THE PENAL LAW.
10 S 21. Subdivisions 1 and 2 of section 305.1 of the family court act,
11 as added by chapter 920 of the laws of 1982, are amended to read as
12 follows:
13 1. A private person may take a child under the age of [sixteen] EIGH-
14 TEEN into custody in cases in which he may arrest an adult for a crime
15 under section 140.30 of the criminal procedure law.
16 2. Before taking such child under the age of [sixteen] EIGHTEEN into
17 custody, a private person must inform the child of the cause thereof and
18 require him to submit, except when he is taken into custody on pursuit
19 immediately after the commission of a crime.
20 S 22. Subdivision 2 of section 305.2 of the family court act, as added
21 by chapter 920 of the laws of 1982, is amended to read as follows:
22 2. An officer may take a child under the age of [sixteen] EIGHTEEN
23 into custody without a warrant in cases in which he may arrest a person
24 for a crime under article one hundred forty of the criminal procedure
25 law.
26 S 23. Paragraph (c) of subdivision 3 of section 311.1 of the family
27 court act, as added by chapter 920 of the laws of 1982, is amended to
28 read as follows:
29 (c) the fact that the respondent is a person under [sixteen] EIGHTEEN
30 years of age at the time of the alleged act or acts;
31 S 24. Subdivision 1 of section 352.2 of the family court act, as added
32 by chapter 920 of the laws of 1982, is amended to read as follows:
33 1. Upon the conclusion of the dispositional hearing, the court shall
34 enter an order of disposition:
35 (a) conditionally discharging the respondent in accord with section
36 353.1; or
37 (b) putting the respondent on probation in accord with section 353.2;
38 or
39 (c) continuing the proceeding and placing the respondent in accord
40 with section 353.3; or
41 (d) placing the respondent in accord with section 353.4; or
42 (e) continuing the proceeding and placing the respondent under a
43 restrictive placement in accord with section 353.5; OR
44 (F) WHERE APPLICABLE, IN ACCORD WITH SECTION 353.7.
45 S 25. The family court act is amended by adding a new section 353.7 to
46 read as follows:
47 S 353.7. DISPOSITIONS FOR CERTAIN OFFENSES COMMITTED BY YOUTHS AGE
48 SIXTEEN OR SEVENTEEN. 1. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE
49 TIME OF SUCH ACT IS FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY
50 CLASSIFIED AS A VIOLATION OR TRAFFIC INFRACTION, THE COURT MAY ORDER THE
51 RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED FOR SUCH AN
52 OFFENSE COMMITTED BY AN ADULT, AND/OR ORDER AN UNCONDITIONAL DISCHARGE
53 OR CONDITIONAL DISCHARGE IN ACCORDANCE WITH SECTION 353.1 OF THIS PART.
54 2. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
55 FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
56 MISDEMEANOR, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHOR-
S. 1019 13
1 IZED BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE
2 AUTHORIZED FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
3 3. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
4 FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
5 FELONY, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED
6 BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED
7 BY LAW FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
8 4. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
9 FOUND TO HAVE COMMITTED A TRAFFIC INFRACTION, VIOLATION, MISDEMEANOR OR
10 FELONY PROHIBITED BY THE VEHICLE AND TRAFFIC LAW, THE COURT MAY TAKE ANY
11 ACTION WITH RESPECT TO SUCH PERSON'S DRIVER'S LICENSE OR DRIVING PRIVI-
12 LEGE AS IS AUTHORIZED BY LAW FOR SUCH A VIOLATION COMMITTED BY AN ADULT.
13 5. FOR PURPOSES OF THIS SECTION, "OFFENSE" SHALL HAVE THE SAME MEANING
14 AS IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW.
15 S 26. Subdivision 18 of section 10.00 of the penal law, as amended by
16 chapter 7 of the laws of 2007, is amended to read as follows:
17 18. "Juvenile offender" means, WHERE PROSECUTION IS AUTHORIZED BY LAW,
18 INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THE CRIMINAL PROCEDURE
19 LAW AND SECTION 325.5 OF THE FAMILY COURT ACT: (1) a person thirteen
20 years old who is criminally responsible for acts constituting murder in
21 the second degree as defined in subdivisions one and two of section
22 125.25 of this chapter or such conduct as a sexually motivated felony,
23 where authorized pursuant to section 130.91 [of the penal law]; and
24 (2) a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years old
25 who is criminally responsible for acts constituting the crimes defined
26 in subdivisions one and two of section 125.25 (murder in the second
27 degree) and in subdivision three of such section provided that the
28 underlying crime for the murder charge is one for which such person is
29 criminally responsible; section 135.25 (kidnapping in the first degree);
30 150.20 (arson in the first degree); subdivisions one and two of section
31 120.10 (assault in the first degree); 125.20 (manslaughter in the first
32 degree); subdivisions one and two of section 130.35 (rape in the first
33 degree); subdivisions one and two of section 130.50 (criminal sexual act
34 in the first degree); 130.70 (aggravated sexual abuse in the first
35 degree); 140.30 (burglary in the first degree); subdivision one of
36 section 140.25 (burglary in the second degree); 150.15 (arson in the
37 second degree); 160.15 (robbery in the first degree); subdivision two of
38 section 160.10 (robbery in the second degree) of this chapter; or
39 section 265.03 of this chapter, where such machine gun or such firearm
40 is possessed on school grounds, as that phrase is defined in subdivision
41 fourteen of section 220.00 of this chapter; or defined in this chapter
42 as an attempt to commit murder in the second degree or kidnapping in the
43 first degree, or such conduct as a sexually motivated felony, where
44 authorized pursuant to section 130.91 [of the penal law].
45 S 27. Subdivisions 1 and 2 of section 30.00 of the penal law, subdivi-
46 sion 1 as amended by chapter 481 of the laws of 1978 and subdivision 2
47 as amended by chapter 7 of the laws of 2007, are amended to read as
48 follows:
49 1. Except as provided in subdivision two of this section, a person
50 less than [sixteen] EIGHTEEN years old is not criminally responsible for
51 conduct.
52 2. (A) A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
53 years of age is criminally responsible for acts constituting murder in
54 the second degree as defined in subdivisions one and two of section
55 125.25 and in subdivision three of such section provided that the under-
56 lying crime for the murder charge is one for which such person is crimi-
S. 1019 14
1 nally responsible or for such conduct as a sexually motivated felony,
2 where authorized pursuant to section 130.91 [of the penal law], EXCEPT
3 THAT, IN THE CASE OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF
4 AGE, THE PERSON IS ONLY CRIMINALLY RESPONSIBLE PURSUANT TO THIS PARA-
5 GRAPH IF SUCH ACTION AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMI-
6 LY COURT TO A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE
7 FAMILY COURT ACT AND SECTION 726.05 OF THE CRIMINAL PROCEDURE LAW; and
8 (B) a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age
9 is criminally responsible for acts constituting the crimes defined in
10 section 135.25 (kidnapping in the first degree); 150.20 (arson in the
11 first degree); subdivisions one and two of section 120.10 (assault in
12 the first degree); 125.20 (manslaughter in the first degree); subdivi-
13 sions one and two of section 130.35 (rape in the first degree); subdivi-
14 sions one and two of section 130.50 (criminal sexual act in the first
15 degree); 130.70 (aggravated sexual abuse in the first degree); 140.30
16 (burglary in the first degree); subdivision one of section 140.25
17 (burglary in the second degree); 150.15 (arson in the second degree);
18 160.15 (robbery in the first degree); subdivision two of section 160.10
19 (robbery in the second degree) of this chapter; or section 265.03 of
20 this chapter, where such machine gun or such firearm is possessed on
21 school grounds, as that phrase is defined in subdivision fourteen of
22 section 220.00 of this chapter; or defined in this chapter as an attempt
23 to commit murder in the second degree or kidnapping in the first degree,
24 or for such conduct as a sexually motivated felony, where authorized
25 pursuant to section 130.91 [of the penal law], EXCEPT THAT, IN THE CASE
26 OF A PERSON FOURTEEN OR FIFTEEN YEARS OF AGE, THE PERSON IS ONLY CRIMI-
27 NALLY RESPONSIBLE PURSUANT TO THIS PARAGRAPH IF SUCH ACTION AGAINST HIM
28 OR HER WAS ORDERED REMOVED FROM A FAMILY COURT TO A SUPERIOR CRIMINAL
29 COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT AND SECTION
30 726.05 OF THE CRIMINAL PROCEDURE LAW.
31 S 28. Subdivision 2 of section 60.10 of the penal law, as amended by
32 chapter 411 of the laws of 1979, is amended to read as follows:
33 2. Subdivision one of this section shall apply when sentencing a juve-
34 nile offender notwithstanding the provisions of any other law that deals
35 with the authorized sentence for persons who are not juvenile offenders.
36 Provided, however, that the limitation prescribed by this section shall
37 not be deemed or construed to bar use of a conviction of a juvenile
38 offender, other than a juvenile offender who has been adjudicated a
39 youthful offender pursuant to section 720.20 of the criminal procedure
40 law, as a previous or predicate felony offender under section 70.04,
41 70.06, 70.08 or 70.10, when sentencing a person who commits a felony
42 after he has reached the age of [sixteen] EIGHTEEN.
43 S 29. Paragraph (a) of subdivision 3 of section 70.05 of the penal
44 law, as amended by chapter 174 of the laws of 2003, is amended to read
45 as follows:
46 (a) For the class A felony of murder in the second degree, the minimum
47 period of imprisonment shall be fixed by the court and shall be not less
48 than five years but shall not exceed nine years provided, however, that
49 where the sentence is for an offense specified in subdivision one or two
50 of section 125.25 of this chapter and the defendant was fourteen [or],
51 fifteen, SIXTEEN OR SEVENTEEN years old at the time of such offense, the
52 minimum period of imprisonment shall be not less than seven and one-half
53 years but shall not exceed fifteen years;
54 S 30. Paragraph (f) of subdivision 1 of section 70.30 of the penal
55 law, as added by chapter 481 of the laws of 1978 and as relettered by
56 chapter 3 of the laws of 1995, is amended to read as follows:
S. 1019 15
1 (f) The aggregate maximum term of consecutive sentences imposed upon a
2 juvenile offender for two or more crimes, not including a class A felo-
3 ny, committed before he has reached the age of [sixteen] EIGHTEEN,
4 shall, if it exceeds ten years, be deemed to be ten years. If consec-
5 utive indeterminate sentences imposed upon a juvenile offender include a
6 sentence for the class A felony of arson in the first degree or for the
7 class A felony of kidnapping in the first degree, then the aggregate
8 maximum term of such sentences shall, if it exceeds fifteen years, be
9 deemed to be fifteen years. Where the aggregate maximum term of two or
10 more consecutive sentences is reduced by a calculation made pursuant to
11 this paragraph, the aggregate minimum period of imprisonment, if it
12 exceeds one-half of the aggregate maximum term as so reduced, shall be
13 deemed to be one-half of the aggregate maximum term as so reduced.
14 S 31. Paragraph (d) of subdivision 1 of section 70.30 of the penal
15 law, as added by chapter 481 of the laws of 1978, is amended to read as
16 follows:
17 (d) The aggregate maximum term of consecutive sentences imposed upon a
18 juvenile offender for two or more crimes, not including a class A felo-
19 ny, committed before he has reached the age of [sixteen] EIGHTEEN,
20 shall, if it exceeds ten years, be deemed to be ten years. If consec-
21 utive indeterminate sentences imposed upon a juvenile offender include a
22 sentence for the class A felony of arson in the first degree or for the
23 class A felony of kidnapping in the first degree, then the aggregate
24 maximum term of such sentences shall, if it exceeds fifteen years, be
25 deemed to be fifteen years. Where the aggregate maximum term of two or
26 more consecutive sentences is reduced by a calculation made pursuant to
27 this paragraph, the aggregate minimum period of imprisonment, if it
28 exceeds one-half of the aggregate maximum term as so reduced, shall be
29 deemed to be one-half of the aggregate maximum term as so reduced.
30 S 32. Severability. If any clause, sentence, paragraph, subdivision or
31 part of this act, or the application thereof to any person or circum-
32 stance, shall be adjudged by any court of competent jurisdiction to be
33 invalid or unconstitutional, such judgment shall not affect, impair or
34 invalidate the reminder thereof, but shall be confined in its operation
35 to the clause, sentence, paragraph, subdivision or part of this act, or
36 in its application to the person or circumstance, directly involved in
37 the controversy in which such judgment shall have been rendered.
38 S 33. This act shall take effect 18 months after it shall have become
39 a law; provided, however, that the amendments to paragraph (f) of subdi-
40 vision 1 of section 70.30 of the penal law made by section thirty of
41 this act shall be subject to the expiration and reversion of such para-
42 graph pursuant to subdivision d of section 74 of chapter 3 of the laws
43 of 1995, as amended, when upon such date the provisions of section thir-
44 ty-one of this act shall take effect.
