Bill Text: NY S06452 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to proceedings involving adolescent offenders and the possession or use of weapons; provides for the access of applicable records; expands the meaning of extraordinary circumstances to include when the defendant is accused of an offense involving the use, possession, or display of a firearm, shotgun, rifle or other deadly weapon.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-03-27 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06452 Detail]

Download: New_York-2023-S06452-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6452

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 20, 2023
                                       ___________

        Introduced  by  Sens.  MURRAY,  ASHBY, HELMING -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation  to  proceedings
          involving adolescent offenders and the possession or use of weapons

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

     1    Section 1. Section 722.10 of the criminal procedure law is amended  by
     2  adding a new subdivision 3 to read as follows:
     3    3.  Notwithstanding any other law to the contrary, judges presiding in
     4  the youth part shall have access to all family court records,  including
     5  records  related  to  previous  juvenile delinquency proceedings brought
     6  against the defendant. Any such relevant records shall be made available
     7  to the parties in the action before the youth part prior to  arraignment
     8  in such action.
     9    §  2. Paragraph (d) of subdivision 1 of section 722.23 of the criminal
    10  procedure law, as added by section 1-a of part WWW of chapter 59 of  the
    11  laws of 2017, is amended to read as follows:
    12    (d)  The  court shall deny the motion to prevent removal of the action
    13  in youth part unless the court makes a determination upon such motion by
    14  the district attorney that extraordinary circumstances exist that should
    15  prevent the transfer of the action to family court. For the purposes  of
    16  this paragraph, the court may find extraordinary circumstances where the
    17  defendant  is  accused  of  an offense involving the use, possession, or
    18  display of a firearm, shotgun, rifle or other deadly weapon. Nothing  in
    19  this  section shall prevent the court from finding extraordinary circum-
    20  stances exist based upon a finding that  the  defendant  has  previously
    21  been  convicted  of an offense involving the illegal use, possession, or
    22  display of a firearm, shotgun, rifle or other deadly weapon or that  the
    23  defendant  was  previously  adjudicated as a youthful offender, juvenile
    24  offender or juvenile delinquent based  upon  an  offense  involving  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10807-01-3
        S. 6452                             2

     1  illegal use, possession or display of a firearm, shotgun, rifle or other
     2  deadly weapon.
     3    §  3. Paragraph (c) of subdivision 2 of section 722.23 of the criminal
     4  procedure law, as added by section 1-a of part WWW of chapter 59 of  the
     5  laws of 2017, is amended to read as follows:
     6    (c)  The  court  shall  order the action to proceed in accordance with
     7  subdivision one of this section unless, after reviewing the  papers  and
     8  hearing  from  the  parties,  the  court  determines in writing that the
     9  district attorney proved by a preponderance of the evidence one or  more
    10  of the following as set forth in the accusatory instrument:
    11    (i) the defendant caused significant physical injury to a person other
    12  than a participant in the offense; or
    13    (ii)  the  defendant  used, possessed or displayed a firearm, shotgun,
    14  rifle or deadly weapon as defined in the penal law  [in  furtherance  of
    15  such offense]; or
    16    (iii)  the  defendant  unlawfully  engaged in sexual intercourse, oral
    17  sexual conduct, anal sexual conduct or  sexual  contact  as  defined  in
    18  section 130.00 of the penal law.
    19    § 4. This act shall take effect immediately.