S T A T E O F N E W Y O R K
________________________________________________________________________
1230
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
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Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Codes
AN ACT to amend the family court act and the penal law, in relation to
authorizing the use of paddling as punishment for juvenile delinquents
and youthful offenders found to have committed an act of graffiti
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 352.2 of the family court act is amended by adding
a new subdivision 1-a to read as follows:
1-A. (A) IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED PURSUANT TO
THIS SECTION, THE COURT MAY ORDER THE PADDLING OF ANY RESPONDENT THIR-
TEEN YEARS OF AGE OR OLDER FOUND TO HAVE COMMITTED ACTS WHICH WOULD
CONSTITUTE THE OFFENSE OF MAKING GRAFFITI, AS DEFINED IN SECTION 145.60
OF THE PENAL LAW. THE COURT, IN ORDERING SUCH PADDLING SHALL CONSIDER
THE AGE, CONDITION AND DISPOSITION OF THE RESPONDENT AND ALL ATTENDING
AND SURROUNDING CIRCUMSTANCES IN DETERMINING WHETHER AND TO WHAT EXTENT
PADDLING SHALL BE ORDERED. PADDLING, IF ORDERED, SHALL BE ADMINISTERED
IN EITHER THE COURTROOM OR SUCH OTHER SUITABLE LOCATION AS DETERMINED BY
THE COURT AT A TIME SET BY THE COURT NO LESS THAN SEVENTY-TWO HOURS NOR
MORE THAN FOURTEEN DAYS AFTER THE DISPOSITIONAL HEARING. PADDLING SHALL
BE ADMINISTERED BY A PARENT OR GUARDIAN OF THE RESPONDENT. HOWEVER, IF
A PARENT OR GUARDIAN REFUSES TO ADMINISTER THE PADDLING, OR IF THE COURT
DETERMINES THE PARENT OR GUARDIAN FAILED TO ADMINISTER A SATISFACTORY
PADDLING, THE COURT MAY ORDER AN APPROPRIATE COURT OFFICER TO ADMINISTER
THE PADDLING.
(B) FOR THE PURPOSE OF THIS SUBDIVISION:
(I) A "PADDLE" SHALL BE MADE OF HARDWOOD THAT IS THREE-QUARTERS OF AN
INCH THICK. THE HANDLE OF SUCH PADDLE SHALL BE SIX INCHES LONG AND ONE
AND ONE-QUARTER INCHES WIDE. THE PADDLE AREA SHALL BE EIGHTEEN INCHES
LONG AND SIX INCHES WIDE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01676-01-9
A. 1230 2
(II) "PADDLING" SHALL MEAN NOT MORE THAN TEN STRIKES WITH A PADDLE ON
THE BUTTOCKS OF A RESPONDENT ADMINISTERED ON THE OUTSIDE OF NORMAL
APPAREL, AS DETERMINED BY THE COURT.
S 2. The penal law is amended by adding a new section 60.14 to read as
follows:
S 60.14 AUTHORIZED DISPOSITION; MAKING GRAFFITI.
1. IN ADDITION TO ANY OF THE DISPOSITIONS AUTHORIZED BY THIS ARTICLE,
THE COURT MAY ORDER THE PADDLING OF ANY YOUTH CONVICTED OF THE CRIME OF
MAKING GRAFFITI WHO IS ADJUDICATED AS A YOUTHFUL OFFENDER PURSUANT TO
ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW.
2. PADDLING, IF ORDERED, SHALL BE ADMINISTERED IN EITHER THE COURTROOM
OR SUCH OTHER SUITABLE LOCATION AS DETERMINED BY THE COURT AT A TIME SET
BY THE COURT NO LESS THAN SEVENTY-TWO HOURS NOR MORE THAN FOURTEEN DAYS
AFTER SENTENCING OF SUCH YOUTHFUL OFFENDER. PADDLING SHALL BE ADMINIS-
TERED BY A PARENT OR GUARDIAN OF SUCH YOUTHFUL OFFENDER. HOWEVER, IF A
PARENT OR GUARDIAN REFUSES TO ADMINISTER THE PADDLING, OR IF THE COURT
DETERMINES THE PARENT OR GUARDIAN FAILED TO ADMINISTER A SATISFACTORY
PADDLING, THE COURT MAY ORDER AN APPROPRIATE COURT OFFICER TO ADMINISTER
THE PADDLING.
3. FOR THE PURPOSE OF THIS SECTION:
(A) A "PADDLE" SHALL BE MADE OF HARDWOOD THAT IS THREE-QUARTERS OF AN
INCH THICK. THE HANDLE OF SUCH PADDLE SHALL BE SIX INCHES LONG AND ONE
AND ONE-QUARTER INCHES WIDE. THE PADDLE AREA SHALL BE EIGHTEEN INCHES
LONG AND SIX INCHES WIDE;
(B) "PADDLING" SHALL MEAN NOT MORE THAN TEN STRIKES WITH A PADDLE ON
THE BUTTOCKS OF A RESPONDENT ADMINISTERED ON THE OUTSIDE OF NORMAL
APPAREL, AS DETERMINED BY THE COURT.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, and shall apply to
offenses committed on or after such effective date.