NY State Assembly Bill 2009-A3782

Assembly Bill A3782

2009-2010 Legislative Session

Provides for juvenile offender status for persons fourteen or fifteen years of age committing the crime of criminal possession of a dangerous weapon in the first degree

download bill text pdf

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 28, 2009	referred to codes

2009-A3782 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 190.71, CP L; amd §§10.00 & 30.00, Pen L; amd §§117 & 301.2, Fam Ct Act

2009-A3782 (ACTIVE) - Summary

Provides for juvenile offender status for persons fourteen or fifteen years of age committing the crime of criminal possession of a dangerous weapon in the first degree.

2009-A3782 (ACTIVE) - Bill Text download pdf

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

                                  3782

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. SCHIMMINGER, DelMONTE, FIELDS, HAYES -- Multi-
  Sponsored by -- M. of A.  GUNTHER, HIKIND, KOON, MAGEE, SWEENEY, WEIS-
  ENBERG -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, the penal law and the family
  court act, in relation to providing for juvenile offender  status  for
  persons fourteen or fifteen years of age committing the crime of crim-
  inal possession of a dangerous weapon in the first degree

  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); 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06812-01-9

A. 3782                             2

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; OR SECTION 265.04 OF THE PENAL LAW (CRIMINAL POSSESSION OF A WEAPON
IN  THE  FIRST  DEGREE);  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  2. 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
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; [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  SECTION
265.04  OF  THE  PENAL LAW (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST
DEGREE); 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. Paragraph 2 of 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:
  (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

A. 3782                             3

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; 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 SECTION 265.04 OF THIS CHAPTER  (CRIMINAL  POSSESSION  OF  A
WEAPON IN THE FIRST DEGREE); or defined in this chapter 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 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;  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 SECTION  265.04  OF  THIS
CHAPTER  (CRIMINAL  POSSESSION  OF  A  WEAPON  IN  THE FIRST DEGREE); 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 sexu-
ally  motivated  felony,  where authorized pursuant to section 130.91 of
the penal law.
  S 5. Clause (iv) of  the  opening  paragraph  of  subdivision  (b)  of
section 117 of the family court act, as amended by chapter 7 of the laws
of 2007, is amended to read as follows:
  (iv)  defined in section 140.30 (burglary in the first degree); subdi-
vision one of section 140.25 (burglary in the second  degree);  subdivi-
sion  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  OR  SECTION
265.04  OF  THE  PENAL LAW (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST
DEGREE) 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;
  S 6. Paragraph (iv) of 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:

A. 3782                             4

  (iv) defined in section 140.30 (burglary in the first degree);  subdi-
vision  one  of section 140.25 (burglary in the second degree); subdivi-
sion 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;  OR  SECTION
265.04  OF  THE  PENAL LAW (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST
DEGREE) 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;
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Assembly Bill A3782

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Sponsored By

SCHIMMINGER

Archive: Last Bill Status - In Assembly Committee

2009-A3782 (ACTIVE) - Details

2009-A3782 (ACTIVE) - Summary

2009-A3782 (ACTIVE) - Bill Text download pdf

Comments