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Assembly Bill A2879

2009-2010 Legislative Session

Expands the crimes under which fourteen and fifteen year olds may be treated as adults

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Archive: Last Bill Status - In Assembly Committee

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2009-A2879 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §1.20, CP L; amd §301.2, Fam Ct Act; amd §§10.00 & 30.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A6466

2009-A2879 (ACTIVE) - Summary

Expands the crimes under which fourteen and fifteen year olds may be treated as adults to include gang assault in the first degree, aggravated assault upon a police officer or a peace officer and course of sexual conduct against a child in the first degree.

2009-A2879 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2879

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A. KOON -- Multi-Sponsored by -- M. of A. GALEF,
  RAMOS -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, the family court act and the
  penal law, in relation to expanding the crimes for which certain juve-
  niles may be treated as adults

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  42 of section 1.20 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, is amended to read  as
follows:
  42.  "Juvenile offender" means (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25  of  the  penal
law,  or  such  conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
or fifteen years old who is criminally responsible for acts constituting
the crimes defined in subdivisions one and two of section 125.25 (murder
in  the second degree) and in subdivision three of such section provided
that the underlying crime for the murder charge is one  for  which  such
person  is  criminally  responsible;  section  135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); 120.07 (GANG  ASSAULT
IN  THE  FIRST  DEGREE);  subdivisions  one  and  two  of section 120.10
(assault in the first degree); 120.11 (AGGRAVATED ASSAULT UPON A  POLICE
OFFICER  OR A PEACE OFFICER); 125.20 (manslaughter in the first degree);
subdivisions one and two of section 130.35 (rape in the  first  degree);
subdivisions  one  and two of section 130.50 (criminal sexual act in the
first degree); 130.70 (aggravated sexual abuse  in  the  first  degree);
130.75  (COURSE  OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE);
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in  the  second  degree);
160.15  (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or  section  265.03  of
the  penal  law,  where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined  in  subdivision  fourteen  of

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