Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 10, 2022 |
referred to codes |
Senate Bill S8307
2021-2022 Legislative Session
Sponsored By
(R) 1st Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2021-S8307 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9254
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §722.23, CP L
- Versions Introduced in 2023-2024 Legislative Session:
-
A3167
2021-S8307 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8307 SPONSOR: PALUMBO TITLE OF BILL: An act to amend the criminal procedure law, in relation to prohibiting removal of adolescent offenders to family court in certain circum- stances PURPOSE: This bill permits the possession of a loaded firearm to count as one of the extraordinary circumstances that allow an adolescent offender charged with a violent felony offense to be tried in the Youth Part of the criminal court. SUMMARY OF PROVISIONS: Section 1. Amends section 722.23 of the criminal procedure law to include the possession of a loaded firearm as defined in subdivision 15 of section 265.00 of the penal law, as one of the extraordinary circum- stances that permit a defendant, who is charged with a violent felony
2021-S8307 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8307 I N S E N A T E 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: Section 1. Paragraph (c) of subdivision 2 of section 722.23 of the criminal procedure law, as amended by section 1-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows: (c) The court shall order the action to proceed in accordance with subdivision one of this section unless, after reviewing the papers and hearing from the parties, the court determines in writing that the district attorney proved by a preponderance of the evidence one or more of the following as set forth in the accusatory instrument: (i) the defendant caused significant physical injury to a person other than a participant in the offense; or (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap- on as defined in the penal law in furtherance of such offense; or (iii) THE DEFENDANT POSSESSED A LOADED FIREARM AS DEFINED IN SUBDIVI- SION FIFTEEN OF SECTION 265.00 OF THE PENAL LAW DURING THE COMMISSION OF THE OFFENSE; OR (IV) the defendant unlawfully engaged in sexual intercourse, oral sexual conduct, anal sexual conduct or sexual contact as defined in section 130.00 of the penal law. § 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
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