NY State Assembly Bill 2009-A1884

Assembly Bill A1884

2009-2010 Legislative Session

Expands definition of a juvenile offender and designated felony act to include offenses involving controlled substances

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Archive: Last Bill Status - In Assembly 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 14, 2009	referred to codes

2009-A1884 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Family Court Act
Laws Affected:: Amd §301.2, Fam Ct Act; amd §§1.20 & 190.71, CP L; amd §§10.00 & 30.00, Pen L

2009-A1884 (ACTIVE) - Summary

Expands the definition of juvenile offender and designated felony act to include all offenses involving controlled substances to permit persons under the age of sixteen to be treated as adults for the purposes of criminal adjudication for such offenses.

2009-A1884 (ACTIVE) - Bill Text download pdf

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

                                  1884

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. DESTITO, PHEFFER, SCHIMMINGER -- Multi-Sponsored
  by -- M. of A.  ABBATE, CLARK, GALEF, KOON, MAGEE, WEISENBERG --  read
  once and referred to the Committee on Codes

AN ACT to amend the family court act, the criminal procedure law and the
  penal  law,  in  relation  to  expanding  the definition of a juvenile
  offender and designated  felony  act  to  include  offenses  involving
  controlled substances

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

  Section 1. Subdivision 8 of section 301.2 of the family court act,  as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  8.  "Designated  felony  act" means an act which, if done by an adult,
would be a crime: (i) defined in sections 125.27 (murder  in  the  first
degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
first  degree);  or  150.20 (arson in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen  years  of  age;  or
such  conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii)  defined  in  sections
120.10  (assault in the first degree); 125.20 (manslaughter in the first
degree); 130.35 (rape in the first degree); 130.50 (criminal sexual  act
in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
degree); 135.20 (kidnapping in the second degree)  but  only  where  the
abduction  involved  the  use or threat of use of deadly physical force;
150.15 (arson in the second degree) or  160.15  (robbery  in  the  first
degree)  of  the  penal  law committed by a person thirteen, fourteen or
fifteen years of age; or such conduct committed as a sexually  motivated
felony,  where  authorized  pursuant to section 130.91 of the penal law;
(iii) defined in the penal law as an attempt to  commit  murder  in  the
first  or second degree or kidnapping in the first degree committed by a
person thirteen, fourteen or fifteen  years  of  age;  or  such  conduct
committed  as  a sexually motivated felony, where authorized pursuant to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04391-02-9

A. 1884                             2

section 130.91  of  the  penal  law;  (iv)  defined  in  section  140.30
(burglary  in  the  first  degree);  subdivision  one  of section 140.25
(burglary in the second  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
section 220.00 of the penal  law  committed  by  a  person  fourteen  or
fifteen  years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of  the  penal  law;
(v)  defined  in section 120.05 (assault in the second degree) or 160.10
(robbery in the second degree) of the penal law committed  by  a  person
fourteen  or  fifteen years of age but only where there has been a prior
finding by a court that such person  has  previously  committed  an  act
which,  if  committed  by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in paragraph (i), (ii), or (iii) of this  subdivision  regard-
less  of  the  age  of  such person at the time of the commission of the
prior act; (VI)  DEFINED  IN  ARTICLE  TWO  HUNDRED  TWENTY  (CONTROLLED
SUBSTANCES  OFFENSES)  OF  THE  PENAL  LAW; or [(vi)] (VII) other than a
misdemeanor committed by a person at least seven but less  than  sixteen
years  of  age,  but only where there has been two prior findings by the
court that such person has committed a prior felony.
  S 2. 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); subdivisions one  and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er  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);  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;  ARTICLE  TWO  HUNDRED  TWENTY  (CONTROLLED
SUBSTANCES  OFFENSES)  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 section
220.00 of the penal law; or defined in the penal law as  an  attempt  to
commit murder in the second degree or kidnapping in the first degree, or
such  conduct  as a sexually motivated felony, where authorized pursuant
to section 130.91 of the penal law.
  S 3. Subdivision (a) of section 190.71 of the criminal procedure  law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (a) Except as provided in subdivision six of section  200.20  of  this
chapter,  a grand jury may not indict (i) a person thirteen years of age

A. 1884                             3

for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section  125.25  (murder  in  the  second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant  to  section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct consti-
tuting a crime 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; 135.25 (kidnapping in the
first degree); 150.20 (arson in the first degree); subdivisions one  and
two of section 120.10 (assault in the first degree); 125.20 (manslaught-
er  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);  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;  ARTICLE  TWO  HUNDRED  TWENTY  (CONTROLLED
SUBSTANCES  OFFENSES)  OF  THE  PENAL  LAW;  subdivision four of section
265.02 of the penal law, where  such  firearm  is  possessed  on  school
grounds,  as  that  phrase is defined in subdivision fourteen of section
220.00 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 section 220.00 of the penal
law; or defined in the penal law as an attempt to commit murder  in  the
second  degree  or  kidnapping in the first degree, or such conduct as a
sexually motivated felony, where authorized pursuant to  section  130.91
of the penal law.
  S  4.  Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  18. "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 this chapter
or  such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of the penal law; and
  (2) a person fourteen or fifteen years old who is criminally responsi-
ble 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);
subdivisions one and  two  of  section  120.10  (assault  in  the  first
degree); 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); 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  this  chapter;  ARTICLE  TWO  HUNDRED  TWENTY   (CONTROLLED
SUBSTANCES OFFENSES) OF THIS CHAPTER; or section 265.03 of this chapter,
where  such  machine gun or such firearm is possessed on school grounds,
as that phrase is defined in subdivision fourteen of section  220.00  of
this  chapter; or defined in this chapter as an attempt to commit murder
in the second degree or kidnapping in the first degree, or such  conduct

A. 1884                             4

as  a  sexually  motivated  felony, where authorized pursuant to section
130.91 of the penal law.
  S  5.  Subdivision  2 of section 30.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
  2. A person thirteen, fourteen or fifteen years of age  is  criminally
responsible for acts constituting murder in the second degree as defined
in  subdivisions  one and two of section 125.25 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  or  for  such
conduct  as  a  sexually  motivated felony, where authorized pursuant to
section 130.91 of the penal law; and a person fourteen or fifteen  years
of  age  is  criminally  responsible  for  acts  constituting the crimes
defined in section 135.25  (kidnapping  in  the  first  degree);  150.20
(arson  in the first degree); subdivisions one and two of section 120.10
(assault in  the  first  degree);  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);  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 this chapter; ARTICLE
TWO HUNDRED TWENTY (CONTROLLED SUBSTANCES OFFENSES) OF THIS CHAPTER;  or
section  265.03  of this chapter, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of this chapter; or defined in  this  chapter
as an attempt to commit murder in the second degree or kidnapping in the
first  degree, or for such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have became a law.

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Assembly Bill A1884

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Sponsored By

DESTITO

Archive: Last Bill Status - In Assembly Committee

2009-A1884 (ACTIVE) - Details

2009-A1884 (ACTIVE) - Summary

2009-A1884 (ACTIVE) - Bill Text download pdf

Comments