Bill Text: NY S08307 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 8307 (Prior Session Legislation)

Introduced

Bill Title: Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-10 - REFERRED TO CODES [S08307 Detail]

Download: New_York-2021-S08307-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          8307

                    IN SENATE

                                    February 10, 2022
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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  prohibiting
          removal  of  adolescent   offenders to family court in certain circum-
          stances

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

     1    Section  1.  Paragraph  (c)  of subdivision 2 of section 722.23 of the
     2  criminal procedure law, as amended by section 1-a of part WWW of chapter
     3  59 of the laws of 2017, is amended to read as follows:
     4    (c) The court shall order the action to  proceed  in  accordance  with
     5  subdivision  one  of this section unless, after reviewing the papers and
     6  hearing from the parties, the  court  determines  in  writing  that  the
     7  district  attorney proved by a preponderance of the evidence one or more
     8  of the following as set forth in the accusatory instrument:
     9    (i) the defendant caused significant physical injury to a person other
    10  than a participant in the offense; or
    11    (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
    12  on as defined in the penal law in furtherance of such offense; or
    13    (iii) the defendant possessed a loaded firearm as defined in  subdivi-
    14  sion fifteen of section 265.00 of the penal law during the commission of
    15  the offense; or
    16    (iv)  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    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14428-01-2