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Assembly Bill A2827

2011-2012 Legislative Session

Allows juvenile offenders be prosecuted as an adult for certain felony gun possession offenses

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Archive: Last Bill Status - In Assembly Committee

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2011-A2827 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§10.00 & 30.00, Pen L; amd §§1.20 & 190.71, CP L
Versions Introduced in 2009-2010 Legislative Session:
A2535

2011-A2827 (ACTIVE) - Summary

Allows a juvenile offender accused of certain criminal possession of a weapon offenses, reckless manslaughter and attempts to commit certain felonies to be tried as an adult; changes the definition of "juvenile offender" to include criminal possession of a loaded firearm, machine gun or explosive, reckless manslaughter, and attempts to commit certain serious felonies.

2011-A2827 (ACTIVE) - Bill Text download pdf 

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

                                  2827

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by M. of A. CALHOUN, CROUCH -- read once and referred to the
  Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to the definition of juvenile offender

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

  Section 1. 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; [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;]  SUBDIVISIONS  TWO  AND  FOUR  OF  SECTION  265.02   (CRIMINAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02888-01-1

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