NY State Assembly Bill 2011-A2827

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

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 04, 2012	referred to codes
May 17, 2011	held for consideration in codes
Jan 20, 2011	referred to codes

co-Sponsors

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

A. 2827                             2

POSSESSION  OF A WEAPON IN THE THIRD DEGREE); SUBDIVISION ONE OF SECTION
125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION 110.00  (ATTEMPT  TO
COMMIT  A  CRIME)  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  2.  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; SUBDIVI-
SIONS TWO AND FOUR OF SECTION 265.02 (CRIMINAL POSSESSION OF A WEAPON IN
THE THIRD DEGREE); SUBDIVISION ONE OF SECTION  125.15  (MANSLAUGHTER  IN
THE  SECOND  DEGREE);  SECTION  110.00  (ATTEMPT  TO  COMMIT A CRIME) 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  3. 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

A. 2827                             3

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;]   SUBDIVISIONS TWO AND FOUR OF SECTION 265.02 (CRIMINAL POSSESSION
OF A WEAPON IN THE THIRD DEGREE);  SUBDIVISION  ONE  OF  SECTION  125.15
(MANSLAUGHTER IN THE SECOND DEGREE); SECTION 110.00 (ATTEMPT TO COMMIT A
CRIME) 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 (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;]  SUBDIVISIONS
TWO AND FOUR OF SECTION 265.02 (CRIMINAL POSSESSION OF A WEAPON  IN  THE
THIRD  DEGREE);  SUBDIVISION  ONE OF SECTION 125.15 (MANSLAUGHTER IN THE
SECOND DEGREE); SECTION 110.00 (ATTEMPT TO COMMIT A CRIME) 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 5. 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 A2827

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CALHOUN