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Assembly Bill A1735

2009-2010 Legislative Session

Authorizes fingerprinting of juvenile delinquents who commit a felony

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Archive: Last Bill Status - In Assembly Committee

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2009-A1735 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง306.1, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:
A2894

2009-A1735 (ACTIVE) - Summary

Authorizes the fingerprinting of juvenile delinquents who commit a felony; such fingerprints shall become part of such juvenile's adult criminal record upon subsequent commission of felony.

2009-A1735 (ACTIVE) - Bill Text download pdf 

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

                                  1735

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced by M. of A. CALHOUN, MILLER, KOLB -- Multi-Sponsored by -- M.
  of  A.  ALFANO, BACALLES, BARRA, BUTLER, CONTE, CROUCH, ERRIGO, FINCH,
  OAKS, SAYWARD, TEDISCO, THIELE, TOWNSEND -- read once and referred  to
  the Committee on Children and Families

AN  ACT to amend the family court act, in relation to the fingerprinting
  of juvenile delinquents

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

  Section  1. Subdivision 1 of section 306.1 of the family court act, as
amended by chapter 645 of the laws  of  1996,  is  amended  to  read  as
follows:
  1.  Following  the  arrest  of a child alleged to be a juvenile delin-
quent, or the filing of a delinquency petition involving a child who has
not been arrested, the arresting officer  or  other  appropriate  police
officer  or  agency shall take or cause to be taken fingerprints of such
child if[:
  (a) the child is eleven years of age or older and the crime  which  is
the  subject  of  the arrest or which is charged in the petition consti-
tutes a class A or B felony; or
  (b) the child is thirteen years of age or older and the crime which is
the subject of the arrest or which is charged in  the  petition  consti-
tutes  a  class  C, D or E felony] THE CRIME WHICH IS THE SUBJECT OF THE
ARREST OR WHICH IS CHARGED IN THE PETITION CONSTITUTES A FELONY.
  S 2. Subdivision 4 of section 306.1 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  4.  Upon  the  taking  of fingerprints pursuant to subdivision one the
appropriate officer or agency shall, without unnecessary delay,  forward
such  fingerprints  to  the  division  of criminal justice services [and
shall not retain such fingerprints  or  any  copy  thereof].  Copies  of
photographs  and palmprints taken pursuant to this section shall be kept
confidential and only in the exclusive possession of such  law  enforce-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02226-01-9

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