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S T A T E O F N E W Y O R K
________________________________________________________________________
752
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. YOUNG, DeFRANCISCO, MAZIARZ -- read twice and
ordered printed, and when printed to be committed 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 juvenile offender status to
persons thirteen, fourteen or fifteen years of age who have committed
certain sex offenses
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[,]; 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); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
FIRST DEGREE); 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 (kidnap-
ping in the first degree); 150.20 (arson in the first degree); subdivi-
sions 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); SECTION 130.66
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02700-01-1
S. 752 2
(AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67 (AGGRA-
VATED SEXUAL ABUSE 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.
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); 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); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
FIRST 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 constituting 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
(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); SECTION 130.66 (AGGRA-
VATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67 (AGGRAVATED
SEXUAL ABUSE 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;
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 3. 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; SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST
S. 752 3
DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT
IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
FIRST DEGREE); 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 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); SECTION
130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
al 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 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; A PERSON THIRTEEN YEARS OF AGE IS
CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN
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); AND SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
DEGREE); 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); SECTION
130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.67
(AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
al 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
S. 752 4
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 5. 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); 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD
DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE 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 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 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 four-
teen 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
regardless of the age of such person at the time of the commission of
the prior act; or (vi) 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 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.