S T A T E O F N E W Y O R K
________________________________________________________________________
3915
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
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Introduced by M. of A. KOON, ZEBROWSKI, SCHROEDER, EDDINGTON, MOLINARO
-- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, GUNTHER, HOOPER,
JOHN, MAYERSOHN, REILLY, SWEENEY -- read once and referred to the
Committee on Codes
AN ACT to amend the family court act, the penal law and the criminal
procedure law, in relation to including certain sexual offenses
against children to the list of designated felony acts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (ii) 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:
(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); 130.65 (SEXUAL ABUSE
IN THE FIRST DEGREE); 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD
DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARA-
GRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 (COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE FIRST DEGREE); 130.80 (COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE SECOND 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 moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law;
S 2. Subdivision 1 of section 302.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. The family court has exclusive original jurisdiction over any
proceeding to determine whether a person is a juvenile delinquent,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02515-01-9
A. 3915 2
EXCEPT THAT THE FAMILY COURT SHALL HAVE CONCURRENT ORIGINAL JURISDICTION
WITH ALL COURTS OF CRIMINAL JURISDICTION OVER A JUVENILE DELINQUENCY
PROCEEDING COMMENCED IN THE FAMILY COURT ALLEGING AN ACT OR ACTS SPECI-
FIED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF THE PENAL LAW. NOTHING
IN THIS SECTION SHALL PROHIBIT A COURT OF CRIMINAL JURISDICTION FROM
TRANSFERRING A JUVENILE OFFENDER CASE TO THE FAMILY COURT PURSUANT TO
THE CRIMINAL PROCEDURE LAW. PRIOR TO FILING A PETITION DESCRIBED IN
SECTION 311.1 OF THIS PART ALLEGING AN ACT OR ACTS SPECIFIED IN SUBDIVI-
SION EIGHTEEN OF SECTION 10.00 OF THE PENAL LAW, THE PRESENTMENT AGENCY
SHALL OBTAIN A WRITTEN STATEMENT FROM THE DISTRICT ATTORNEY HAVING
JURISDICTION OVER THE ACT OR ACTS INDICATING THAT THE DISTRICT ATTORNEY
DOES NOT INTEND TO CHARGE THE RESPONDENT WITH THE ACT OR ACTS IN A COURT
OF CRIMINAL JURISDICTION.
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); 130.65
(SEXUAL ABUSE IN THE FIRST DEGREE); 130.66 (AGGRAVATED SEXUAL ABUSE IN
THE THIRD DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND
DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 (COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 130.80 (COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND 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 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 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-
A. 3915 3
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); 130.65 (SEXUAL ABUSE IN THE
FIRST DEGREE); 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE);
130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A
CHILD IN THE FIRST DEGREE); 130.80 (COURSE OF SEXUAL CONDUCT AGAINST A
CHILD IN THE SECOND 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; 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. IF THE DISTRICT
ATTORNEY HAVING JURISDICTION OVER ANY OF THE ACTS SET FORTH IN THIS
SUBDIVISION DECIDES NOT TO CHARGE THE DEFENDANT IN A COURT OF CRIMINAL
JURISDICTION THEN THE DISTRICT ATTORNEY SHALL SO NOTIFY THE APPROPRIATE
PRESENTMENT AGENCY IN WRITING PURSUANT TO SUBDIVISION ONE OF SECTION
302.1 OF THE FAMILY COURT ACT.
S 5. This act shall take effect immediately and shall apply to
offenses committed on and after such date.