Bill Text: NY S07033 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to pleas of guilty and removal of adolescent offender proceedings to the family court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-06-09 - SUBSTITUTED BY A7713 [S07033 Detail]
Download: New_York-2021-S07033-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7033 2021-2022 Regular Sessions IN SENATE May 25, 2021 ___________ Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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. LBD10254-01-1S. 7033 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.
