Bill Text: NY S06402 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to pleas of guilty and removal of adolescent offender proceedings to the family court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO CODES [S06402 Detail]

Download: New_York-2019-S06402-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6402

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by  Sen.  MONTGOMERY  --  (at request of the Office of Court
          Administration) -- read twice and ordered printed, and when printed to
          be committed to the Committee on Rules

        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation  to  pleas  of  guilty  and  removal  of  adolescent offender
          proceedings to the family court

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

     1    Section  1.  Subparagraph  (ii)  of  paragraph (d) of subdivision 3 of
     2  section 30.00 of the penal law, as amended by section 38 of part WWW  of
     3  chapter 59 of the laws of 2017, is amended to read as follows:
     4    (ii)  results  from reduction or dismissal in satisfaction of a charge
     5  for a felony offense, in accordance with a plea of  guilty  pursuant  to
     6  subdivision four of section 220.10 of the criminal procedure law, unless
     7  the  proceeding  is  removed  to  the family court pursuant to paragraph
     8  (g-1) of subdivision five of section 220.10 of  the  criminal  procedure
     9  law; or
    10    §  2. Subdivision 5 of section 220.10 of the criminal procedure law is
    11  amended by adding a new paragraph (g-1) to read as follows:
    12    (g-1) Where a defendant is an adolescent offender, the  provisions  of
    13  paragraphs  (a),  (b),  (c) and (d) of this subdivision shall not apply.
    14  Where the plea is to an offense constituting  a  misdemeanor,  the  plea
    15  shall  be  deemed  replaced  by  an  order of fact-finding in a juvenile
    16  delinquency proceeding, pursuant to section 346.1 of  the  family  court
    17  act,  and  the action shall be removed to the family court in accordance
    18  with article seven hundred twenty-five of this chapter.  Where the  plea
    19  is  to an offense constituting a felony, the court may remove the action
    20  to the family court in accordance with section 722.23 and article  seven
    21  hundred twenty-five of this chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09838-01-9
        S. 6402                             2

     1    § 3. Subdivision 7 of section 725.05 of the criminal procedure law, as
     2  amended  by  chapter  223  of  the  laws  of 1990, is amended to read as
     3  follows:
     4    7. Whether or not a securing order has been made, the order of removal
     5  must  specify  a date certain within ten days from the date of the order
     6  of removal for the defendant's appearance in the family court and  where
     7  the defendant is in detention or in the custody of the sheriff that date
     8  must  be  not  later  than  the next day the family court is in session.
     9  Unless the defendant is in detention or is in the custody of the sheriff
    10  or unless the order  of  removal  specifies  a  juvenile  or  adolescent
    11  offense  for  which  the defendant is not eligible for consideration for
    12  adjustment under subdivision thirteen of section  308.1  of  the  family
    13  court  act, the order of removal shall direct the defendant to appear at
    14  the family court intake office of the county department of probation for
    15  adjustment consideration; provided, however, that pursuant  to  subdivi-
    16  sion  three  of section 308.1 of the family court act, the fact that the
    17  defendant is in detention or is in the custody of the sheriff shall  not
    18  preclude  the probation service from adjusting the case if the defendant
    19  is otherwise eligible for adjustment.
    20    § 4. Subdivision 1 of section 725.10 of the criminal procedure law, as
    21  amended by chapter 920 of the laws  of  1982,  is  amended  to  read  as
    22  follows:
    23    1.  [When] Unless the defendant is an adolescent offender who has been
    24  directed to appear at the family  court  intake  office  of  the  county
    25  department  of probation for adjustment consideration in accordance with
    26  subdivision seven of section 725.05 of this article, when  an  order  of
    27  removal is filed with the family court, a proceeding pursuant to article
    28  three  of  the  family  court act must be originated.   The family court
    29  thereupon must assume jurisdiction and proceed to render  such  judgment
    30  as  the  circumstances require, in the manner and to the extent provided
    31  by law.
    32    § 5. This act shall take effect immediately.