Senate Bill S1409

2013-2014 Legislative Session

Raises the age of criminal responsibility to eighteen; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2013-S1409 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §725.20 sub 2 ¶(f), amd CP L, generally; amd §§507-d & 530, Exec L; amd §§117, 158, 301.2, 305.1, 305.2, 311.1 & 352.2, add §§325.5 & 353.7, Fam Ct Act; amd §§10.00, 30.00. 60.10, 70.05 & 70.30, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7020
2015-2016: S1019
2017-2018: S4121

2013-S1409 (ACTIVE) - Summary

Raises the age of criminal responsibility to eighteen years of age.

2013-S1409 (ACTIVE) - Sponsor Memo

2013-S1409 (ACTIVE) - Bill Text download pdf

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

                                  1409

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MONTGOMERY, HASSELL-THOMPSON, PARKER -- 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 executive law, the fami-
  ly court act and the penal law, in relation  to  raising  the  age  of
  criminal responsibility; and to repeal certain provisions of the crim-
  inal procedure law, relating thereto

  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, WHERE PROSECUTION IS AUTHORIZED BY LAW,
INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THIS CHAPTER AND  SECTION
325.5  OF  THE FAMILY COURT ACT: (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, SIXTEEN, OR SEVENTEEN years old who is criminally respon-
sible  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

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

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