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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

view additional co-sponsors

S1409 - Bill Details

Current Committee:
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 2011-2012 Legislative Session:
A9424, S7020

S1409 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1409

TITLE OF BILL:
An act
to amend the
criminal procedure law,
the executive law, the family court act and the penal law,
in relation to raising the age of criminal
responsibility; and to repeal certain provisions of the
criminal procedure law, relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
The bill amends and enacts various provisions of law to raise the age
of adult criminal responsibility from sixteen to eighteen so that
youth who are charged with a crime may be treated in a more age
appropriate manner. The changes implemented in the bill reflect the
evidence that the current system has not been effective in deterring
and preventing future crime, while maintaining a mechanism that
youth, on a case by case basis, may be tried in adult criminal court
when the circumstances warrant.

SUMMARY OF SPECIFIC PROVISIONS:

Sections one through fifteen amend the Criminal Procedure Law. These
amendments make conforming changes necessary to raise the age of
adult criminal responsibility in New York from 16 years of age to 18
years of age. Section one provides that a youth age 13, 14 or 15 may
still be prosecuted for certain serious crimes as a "juvenile
offender" in adult court; amendments provide that 16 and 17 year olds
charged with these crimes, now charged as adults, would be subject to
prosecution as "juvenile offenders" in adult court, with the option
to be "waived down," in appropriate circumstances, by court order to
Family Court.

Section nine amends CPL § 330.25 concerning removal after verdict to
the Family Court The amended statute would allow the adult court to
order post-verdict removal to the Family Court -- except where the 13
- 17 year old stands convicted of murder after hearing from the
parties, but would not require prosecutorial consent.

Sections eleven through thirteen make related changes to CPL Art. 725
regarding "youthful offender" adjudications. These changes raise from
nineteen to twenty the maximum age at which an eligible youth may
have a youthful offender adjudication substituted for an eligible
conviction in the adult court.

Section fourteen creates a new Article 726 of the Criminal Procedure
Law, "Removal of Proceedings Against an Alleged Juvenile Delinquent
from Family Court to a Superior Court" Under the bill, "juvenile
offender" proceedings against children age 13-15 would originate in
Family Court and be subject to a court-ordered "waiver up" to adult
court. This brief new article provides procedures for the adult court
to follow when such a "waiver up" to adult court has been ordered. To
assure that the transferred proceeding will be handled promptly by a
court of record, the case upon transfer will be heard by a superior
court (i.e., County Court or Supreme Court).


Sections fifteen and sixteen amend the Executive Law to authorize
juvenile detention centers and facilities maintained by the Office of
Children and Family Services to maintain custody of youths under age
eighteen.

Sections seventeen through twenty-five amend Article Three of the
Family Court Act. These changes include: (a) providing that all
charges against 13-15 year olds will originate in Family Court
subject, in the case of "juvenile offender" crimes, to a
court-ordered "waiver up" to adult court; (b) authorizing the Family
Court to hear, by original petition charges alleging crimes and
offenses that are not "juvenile offenses" and are brought against
persons who were 16 or 17 years of age at the time of the alleged
unlawful acts; (c)authorizing the Family Court to hear "juvenile
offender" cases against 16 and 17 year olds waived down ("removed")
from adult court, in the same mariner that Court may presently hear
removed and original cases against 13-15 year olds; and (d)
authorizing the Family Court to impose fines, surcharges and driver
license sanctions against youths under age 18 in the same manner as
may presently be done by the adult courts. Bill section seventeen
provides for the designation of one or more "violation and traffic
infraction parts" where such cases involving youths could be heard in
the Family Court.

Bill sections twenty-six through thirty-two make conforming changes to
the Penal Law. These amendments include: (a) providing a defense of
infancy in the adult courts except for (i) "juvenile offender"
proceedings against 16-17 year olds; and (ii) "juvenile offender"
proceedings against 13-15 year olds whose cases have been removed to
the adult court from the Family Court; and (b) maintaining maximum
indeterminate sentences, including available life sentences, for
16-17 year olds but adjusting minimum indeterminate terms and non-class
P.provisions to conform to those currently applicable to 13-15 year olds

Section thirty-two is the severability clause; section thirty-three
provides that the bill will take effect eighteen months after it is
signed into law.

JUSTIFICATION:
New York is one of only two states (New York and North Carolina) to
mandate that all youth aged sixteen and seventeen, charged with any
offense, be prosecuted and sentenced in adult criminal court. While
many other states have reconsidered this issue in light of new
evidence on child development and cognitive thinking (including North
Carolina which has taken steps to begin the process of reform), New
York's very young age of adult responsibility has remained unchanged
for decades. Additionally, youth as young as thirteen or fourteen in
some cases are tried in the adult criminal court system under New
York's "Juvenile Offender" law.

Several studies have shown that treating minors as adults in the
criminal justice system is often counterproductive in rehabilitating
the youth and ineffective in preventing future criminal acts.
Research has shown that children's brains do not fully develop until
after the age of eighteen, and youths who engage in criminal conduct
often do not have the same level of understanding of their actions as
adults.


In 2005, the United States Supreme Court ruled that states may not
impose the death penalty for crimes committed by persons under the
age of eighteen, citing evidence that minors are less mentally
culpable for their actions than adults and further, that minors have
a greater chance of rehabilitation. Additionally, studies have shown
that the penalties and longer sentences often imposed by adult
criminal Courts do not reduce the recidivism rate of youth who commit
crimes, compared to similarly situated youth who are adjudicated in a
juvenile court system. The services and alternative to detention
programs available in Family Court can help meet the specific needs
of each youth, including treatment for mental health and substance
abuse, often at lower cost

There are significant and sometimes lifelong implications for young
people adjudicated in the criminal court system, which extend into
the areas of education and employment, including earning potential.
Only about one-third of young adults returning from prison in New
York return to school, and studies have shown that those who do not
have a high school diploma are more likely to be unemployed and more
likely to be recipients of public assistance. Further, the ability to
obtain and keep employment can be difficult for those with criminal
records. Additionally, studies have shown that youth who were
adjudicated in the criminal Court system see a much lower earning
potential than youth who were adjudicated in the juvenile court system.

In addition to potentially improving the lives and future of New
York's troubled youth, the state could also realize real cost savings
in treating many of those under the age of eighteen as juveniles as
opposed to treating all persons sixteen and older as adults. Many
states that have shifted younger persons out of criminal court and
into the juvenile or family court system have seen tremendous savings
due in part to the lower cost of community-based alternatives, as
well as the reduced recidivism rate of these youth. Of course, fewer
victims in the future also means a safer society, and less spending
on victim services.

New York should adjust this aspect of its juvenile justice system to
reflect the better understanding We now have of youth accused of
crimes. We now know the potential that some of these youths have for
redemption and the possibility to become productive members of society.

This bill preserves the jurisdiction of the adult courts to try
persons 13, 14, 15, 16 or 17 years old for "juvenile offender"
crimes. But for less serious crimes, and for "JO" crimes that can
best be handled in Family Court, this bill brings about a necessary
reform.

PRIOR LEGISLATIVE HISTORY:
2011-2012: S.7020 - Died in Committee

FISCAL IMPLICATIONS:
There will be additional costs to the Family Court but these will be
offset by savings in the criminal courts.

EFFECTIVE DATE:
This act shall take effect 18 months after it shall have become a law.


view full 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.
                                                           LBD04048-01-3

S. 1409                             2

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.  Paragraphs  (a)  and  (b) of subdivision 3 and subdivision 5 of
section 180.75 of the criminal procedure law, paragraph (a) of  subdivi-
sion  3  as  added  by chapter 481 of the laws of 1978, paragraph (b) of
subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi-
sion 5 as added by chapter 411 of the laws of 1979, are amended to  read
as follows:
  (a) If there is reasonable cause to believe that the defendant commit-
ted  a  crime  for which a person under the age of [sixteen] EIGHTEEN is
criminally responsible, the court must order that the defendant be  held
for the action of a grand jury of the appropriate superior court, and it
must  promptly  transmit  to  such  superior court the order, the felony
complaint, the supporting depositions and all other pertinent documents.
Until such papers are received by the  superior  court,  the  action  is
deemed to be still pending in the local criminal court; or
  (b)  If  there  is  not reasonable cause to believe that the defendant
committed a crime for which a person under the age of [sixteen] EIGHTEEN
is criminally responsible but there is reasonable cause to believe  that
the  defendant  is a "juvenile delinquent" as defined in subdivision one
of section 301.2 of the family court act, the court must specify the act
or acts it found reasonable cause  to  believe  the  defendant  did  and
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter; or
  5.  Notwithstanding the provisions of subdivision two, three, or four,
if a currently undetermined felony complaint against a juvenile offender
is pending in a local criminal court, and the defendant has not waived a
hearing pursuant to subdivision two and a hearing pursuant  to  subdivi-
sion  three  has  not  commenced, the defendant may move in the superior
court which would exercise the trial  jurisdiction  of  the  offense  or
offenses  charged  were  an indictment therefor to result, to remove the
action to family court. The procedural rules of subdivisions one and two
of section 210.45 of this chapter are applicable to a motion pursuant to
this subdivision. Upon such motion, the superior court shall be  author-
ized to sit as a local criminal court to exercise the preliminary juris-
diction  specified  in  subdivisions  two and three of this section, and
shall proceed and determine the motion as provided in section 210.43  of
this chapter[; provided, however, that the exception provisions of para-
graph (b) of subdivision one of such section 210.43 shall not apply when
there  is  not  reasonable  cause  to believe that the juvenile offender
committed one or more of the crimes  enumerated  therein,  and  in  such
event the provisions of paragraph (a) thereof shall apply].
  S  3.  Subdivisions (a), (b) and (c) of section 190.71 of the criminal
procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of
1978, are 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

S. 1409                             3

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, SIXTEEN OR SEVENTEEN 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 responsi-
ble; 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 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.
  (b)  A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person thirteen, fourteen [or], fifteen,
SIXTEEN OR SEVENTEEN years of age did an act which, if done by a  person
over  the  age  of [sixteen] EIGHTEEN, would constitute a crime provided
(1) such act is one for which it may not indict; (2) it does not  indict
such  person  for  a  crime;  and  (3) the evidence before it is legally
sufficient to establish that such person did such act and competent  and
admissible  evidence before it provides reasonable cause to believe that
such person did such act.
  (c) Upon voting to remove a charge to the  family  court  pursuant  to
subdivision  (b) of this section, the grand jury must, through its fore-
man or acting foreman, file a request to transfer  such  charge  to  the
family court. Such request shall be filed with the court by which it was
impaneled.  It  must  (1) allege that a person named therein did any act
which, if done by a person over the age  of  [sixteen]  EIGHTEEN,  would
constitute  a  crime;  (2) specify the act and the time and place of its
commission; and (3) be signed by the foreman or the acting foreman.
  S 4. Subdivision 6 of section 200.20 of the criminal procedure law, as
added by chapter 136 of the laws of 1980, is amended to read as follows:
  6. Where an indictment charges at least one offense against a  defend-
ant  who  was  under  the  age  of [sixteen] EIGHTEEN at the time of the
commission of the crime and who did not lack criminal responsibility for
such crime by reason of infancy, the indictment may, in addition, charge
in separate counts one or more other  offenses  for  which  such  person
would not have been criminally responsible by reason of infancy, if:
  (a)  the offense for which the defendant is criminally responsible and
the one or more other offenses for which he would not have  been  crimi-
nally  responsible  by  reason of infancy are based upon the same act or

S. 1409                             4

upon the same criminal transaction, as that term is defined in  subdivi-
sion two of section 40.10 of this chapter; or
  (b)  the  offenses  are  of such nature that either proof of the first
offense would be material and admissible as evidence  in  chief  upon  a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
  S 5. Subdivision 5 of section 210.20 of the criminal procedure law, as
added by chapter 136 of the laws of 1980, is amended to read as follows:
  5. If the court dismisses one or more counts of an indictment, against
a  defendant  who was under the age of [sixteen] EIGHTEEN at the time of
the commission of the crime and who did not lack criminal responsibility
for such crime by reason of infancy, and one or more other counts of the
indictment  having  been  joined  in  the  indictment  solely  with  the
dismissed  count  pursuant  to  subdivision six of section 200.20 is not
dismissed, the court must direct that such count be removed to the fami-
ly court in accordance with article seven hundred  twenty-five  of  this
chapter.
  S  6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
  (b) [with the consent of the district attorney,] order removal  of  an
action  involving an indictment charging a juvenile offender with murder
in the second degree as defined in section 125.25 of the penal law; rape
in the first degree, as defined in subdivision one of section 130.35  of
the  penal  law;  criminal sexual act in the first degree, as defined in
subdivision one of section 130.50 of the penal law; or an  armed  felony
as defined in paragraph (a) of subdivision forty-one of section 1.20, to
the  family  court  pursuant  to the provisions of article seven hundred
twenty-five of this chapter if the  court  finds  one  or  more  of  the
following  factors: (i) mitigating circumstances that bear directly upon
the manner in which the crime was committed; (ii)  where  the  defendant
was not the sole participant in the crime, the defendant's participation
was relatively minor although not so minor as to constitute a defense to
the  prosecution;  or  (iii)  possible  deficiencies in the proof of the
crime, and, after consideration of the factors set forth in  subdivision
two  of this section, the court determined that removal of the action to
the family court would be in the interests of justice.
  S 7. Subparagraphs (i), (iii) and the second undesignated paragraph of
paragraph (g) of subdivision 5 of section 220.10 of the criminal  proce-
dure  law,  subparagraph  (i)  as  amended by chapter 410 of the laws of
1979, subparagraph (iii) as amended by chapter 264 of the laws  of  2003
and  the  second undesignated paragraph as amended by chapter 920 of the
laws of 1982, are amended to read as follows:
  (i) If the indictment charges a person fourteen [or] fifteen,  SIXTEEN
OR SEVENTEEN years old with the crime of murder in the second degree any
plea  of  guilty entered pursuant to subdivision three or four must be a
plea of guilty of a crime for which the defendant is criminally  respon-
sible;
  (iii)  Where  the  indictment  does  not  charge  a crime specified in
subparagraph (i) of this paragraph, the district attorney may  recommend
removal  of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum  setting
forth:  (1) a recommendation that the interests of justice would best be
served by removal of the action to the family  court;  and  (2)  if  the
indictment  charges  a thirteen year old with the crime of murder in the
second degree, or a fourteen [or], fifteen, SIXTEEN  OR  SEVENTEEN  year

S. 1409                             5

old  with  the crimes of rape in the first degree as defined in subdivi-
sion one of section 130.35 of the penal law, or criminal sexual  act  in
the  first degree as defined in subdivision one of section 130.50 of the
penal law, or an armed felony as defined in paragraph (a) of subdivision
forty-one  of section 1.20 of this chapter specific factors, one or more
of which reasonably supports the recommendation, showing, (i) mitigating
circumstances that bear directly upon the manner in which the crime  was
committed,  or  (ii) where the defendant was not the sole participant in
the crime, that  the  defendant's  participation  was  relatively  minor
although  not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
juvenile  offender  has  no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section  301.2
of  the  family  court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part  of  a
pattern  of  criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
  If the court is of the opinion [based on specific factors set forth in
the district attorney's memorandum] that the interests of justice  would
best  be  served by removal of the action to the family court, a plea of
guilty of a crime or act for  which  the  defendant  is  not  criminally
responsible may be entered pursuant to subdivision three or four of this
section,  except  that  a  thirteen  year  old charged with the crime of
murder in the second degree may only plead to a designated  felony  act,
as  defined  in  subdivision  eight of section 301.2 of the family court
act.
  S 8.  Subdivision 5 of section 300.50 of the criminal  procedure  law,
as  added  by  chapter  481  of  the laws of 1978, is amended to read as
follows:
  5. Where the indictment charges a crime  committed  by  the  defendant
while  he  OR  SHE  was under the age of [sixteen] EIGHTEEN but a lesser
included offense would be one for which the defendant is not  criminally
responsible  by  reason  of  infancy,  such  lessor included offense may
nevertheless be submitted to the jury in the same manner as  an  offense
for  which the defendant would be criminally responsible notwithstanding
the fact that a verdict  of  guilty  would  not  result  in  a  criminal
conviction.
  S 9. Section 330.25 of the criminal procedure law, as added by chapter
481  of the laws of 1978, and subdivision 2 as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
S 330.25 Removal after verdict.
  1. Where a defendant  is  a  juvenile  offender  who  does  not  stand
convicted  of  murder  in  the  second degree, upon motion [and with the
consent of the district attorney], the action  may  be  removed  to  the
family  court  in  the  interests  of  justice pursuant to article seven
hundred twenty-five of this chapter notwithstanding the verdict.
  2. [If the district attorney consents to the motion for removal pursu-
ant to this section, he shall file  a  subscribed  memorandum  with  the
court  setting  forth  (1)  a  recommendation  that]  IN DETERMINING THE
MOTION, THE COURT SHALL CONSIDER:  (1) WHETHER the interests of  justice
would  best  be served by removal of the action to the family court; and
(2) if the conviction is of an offense set forth  in  paragraph  (b)  of
subdivision  one  of  section  210.43  of this chapter, WHETHER specific
factors EXIST, one or more of which reasonably  [support]  SUPPORTS  the
[recommendation] MOTION, showing, (i) mitigating circumstances that bear
directly upon the manner in which the crime was committed, or (ii) where

S. 1409                             6

the  defendant  was  not  the  sole  participant  in the crime, that the
defendant's participation was relatively minor although not so minor  as
to  constitute  a  defense  to  prosecution, or (iii) where the juvenile
offender  has no previous adjudications of having committed a designated
felony act, as defined in subdivision eight  of  section  301.2  of  the
family  court  act, regardless of the age of the offender at the time of
commission of the act, that the criminal act was not part of  a  pattern
of criminal behavior and, in view of the history of the offender, is not
likely to be repeated.
  3.  If  the  court  is of the opinion, based upon the specific factors
[set forth in the district attorney's memorandum] SHOWN  TO  THE  COURT,
that  the  interests  of  justice would best be served by removal of the
action to the family court, the verdict shall be set aside and a plea of
guilty of a crime or act for  which  the  defendant  is  not  criminally
responsible  may  be  entered  pursuant  to subdivision three or four of
section 220.10 of this chapter. Upon accepting any such plea, the  court
must  specify  upon  the record the [portion or portions of the district
attorney's statement] FACTORS the court is relying upon as the basis  of
its  opinion and that it believes the interests of justice would best be
served by removal of the proceeding to the  family  court.    Such  plea
shall then be deemed to be a juvenile delinquency fact determination and
the  court  upon entry thereof must direct that the action be removed to
the family court in accordance with  the  provisions  of  article  seven
hundred twenty-five of this chapter.
  S  10.  Section  510.15  of  the criminal procedure law, as amended by
chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15  Commitment of principal under [sixteen] EIGHTEEN.
  1.  When  a  principal  who  is under the age of [sixteen] EIGHTEEN is
committed to the custody of the sheriff the court must direct  that  the
principal  be  taken  to  and  lodged  in a place certified by the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juve-
nile  detention  facility  for  the reception of children.  Where such a
direction is made the sheriff shall deliver the principal in  accordance
therewith and such person shall although lodged and cared for in a juve-
nile  detention  facility  continue to be deemed to be in the custody of
the sheriff.  No principal under the age of [sixteen] EIGHTEEN  to  whom
the  provisions of this section may apply shall be detained in any pris-
on, jail, lockup, or other place used for adults convicted of a crime or
under arrest and charged with the commission  of  a  crime  without  the
approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES  in the case of each principal and the statement of its reasons
therefor.  The sheriff shall not be liable for any acts done  to  or  by
such  principal  resulting  from negligence in the detention of and care
for such principal, when the principal is not in the actual  custody  of
the sheriff.
  2.  Except  upon  consent of the defendant or for good cause shown, in
any case in which a new securing order is issued for a principal  previ-
ously  committed to the custody of the sheriff pursuant to this section,
such order shall further direct the sheriff  to  deliver  the  principal
from  a  juvenile detention facility to the person or place specified in
the order.
  S 11. Subdivision 1 of section 720.10 of the criminal  procedure  law,
as  amended  by  chapter  411 of the laws of 1979, is amended to read as
follows:

S. 1409                             7

  1. "Youth" means a person charged with a crime alleged  to  have  been
committed  when  he  was  at least [sixteen] EIGHTEEN years old and less
than [nineteen] TWENTY years old or a person charged with being a  juve-
nile  offender  as  defined  in subdivision forty-two of section 1.20 of
this chapter.
  S 12. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
  S 13. Paragraph (e) of subdivision 2 of section 725.20 of the criminal
procedure law, as amended by chapter 411 of the laws of 1979, is amended
to read as follows:
  (e)    Where  the  direction  is  one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion  of  the  minutes
containing  the  statement by the court pursuant to paragraph [(a)] A of
subdivision five of section 210.43; AND
  S 14. The criminal procedure law is amended by adding  a  new  article
726 to read as follows:
                               ARTICLE 726
                REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED
        JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT
SECTION 726.00 APPLICABILITY.
        726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
S 726.00 APPLICABILITY.
  THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A COURT DIRECTS
THAT  AN  ACTION  OR  CHARGE BROUGHT BY A JUVENILE DELINQUENCY PETITION,
PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT,  AGAINST  A  JUVENILE
OFFENDER  WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF
SUCH OFFENSE, IS TO BE REMOVED FROM FAMILY COURT TO A SUPERIOR  CRIMINAL
COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT.
S 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
  1.  WHEN  A  FAMILY  COURT  DIRECTS  THAT  AN ACTION OR CHARGE BROUGHT
AGAINST A JUVENILE OFFENDER BY A JUVENILE DELINQUENCY PETITION  PURSUANT
TO ARTICLE THREE OF THE FAMILY COURT ACT BE REMOVED FROM FAMILY COURT TO
A  SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT
ACT, THE DISTRICT ATTORNEY WHO REQUESTED  SUCH  REMOVAL  SHALL  PROMPTLY
FILE  SUCH REMOVAL ORDER AND THE APPROPRIATE CHARGING DOCUMENTS WITH THE
SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURISDICTION OVER SUCH
OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO RESULT.
  2. FOLLOWING THE GRANTING OF SUCH AN ORDER OF  REMOVAL,  THE  JUVENILE
SHALL  BE  BROUGHT  FORTHWITH  AND  WITH ALL REASONABLE SPEED BEFORE THE
APPROPRIATE SUPERIOR CRIMINAL COURT  FOR  APPROPRIATE  PROCEEDINGS.  FOR
PURPOSES  OF  THIS SECTION, A JUDGE OR JUSTICE OF A SUPERIOR COURT SHALL
PRESIDE OVER SUCH PROCEEDINGS AS SUCH A JUDGE OR JUSTICE OF THE SUPERIOR
CRIMINAL COURT, OR AS A LOCAL CRIMINAL COURT, AS APPROPRIATE.
  3. THE SUPERIOR CRIMINAL COURT MUST ASSUME JURISDICTION AND PROCEED AS
THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND TO THE EXTENT  PROVIDED  BY
LAW.
  4.  UPON  THE  FILING  OF AN ORDER OF REMOVAL IN THE SUPERIOR CRIMINAL
COURT, THE FAMILY COURT ARTICLE THREE ACTION UPON  WHICH  THE  ORDER  IS
BASED  SHALL  BE TERMINATED AND THERE SHALL BE NO FURTHER PROCEEDINGS IN
THE FAMILY COURT WITH RESPECT TO THE  OFFENSE,  UNLESS  SUCH  ACTION  IS
REMOVED  BACK  TO  THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE  SEVEN  HUNDRED  TWENTY-FIVE  OF  THIS  CHAPTER.   ALL   FURTHER
PROCEEDINGS  INCLUDING  MOTIONS  AND APPEALS SHALL BE IN ACCORDANCE WITH
LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE  ALL  FIND-
INGS,  DETERMINATIONS,  VERDICTS  AND  ORDERS,  OTHER  THAN THE ORDER OF

S. 1409                             8

REMOVAL, SHALL BE DEEMED TO HAVE BEEN  MADE  BY  THE  SUPERIOR  CRIMINAL
COURT.
  S 15. Section 507-d of the executive law, as amended by chapter 465 of
the laws of 1992, is amended to read as follows:
  S 507-d. Confinement  of  juvenile  delinquents  under sentence of the
courts of the United States. The directors of secure and limited  secure
facilities  shall receive and safely keep in such facilities, subject to
the provisions of this article, any person not over the age of [sixteen]
EIGHTEEN years convicted of any offense against the United  States,  and
sentenced  to  imprisonment  by  any court of the United States, sitting
within this state, until such  sentences  be  executed,  or  until  such
delinquent  shall  be  discharged by due course of law, conditioned upon
the United States supporting such delinquent  and  paying  the  expenses
attendant upon the execution of such sentence.
  S  16. Subparagraph 1 of paragraph (a) of subdivision 5 of section 530
of the executive law, as amended by section 5 of subpart B of part Q  of
chapter 58 of the laws of 2011, is amended to read as follows:
  (1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents and persons in need of supervision in detention facili-
ties  certified  pursuant  to sections seven hundred twenty and 305.2 of
the family court act by the office  of  children  and  family  services,
pending  adjudication  of  alleged delinquency or alleged need of super-
vision by the family court, or pending transfer to institutions to which
committed or placed by such court or while awaiting disposition by  such
court after adjudication or held pursuant to a securing order of a crim-
inal  court  if the person named therein as principal is under [sixteen]
EIGHTEEN; or,
  S 17. Subdivision (b) of section 117  of  the  family  court  act,  as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  (b)  For  every  juvenile  delinquency  proceeding under article three
involving an allegation of an act committed by a person 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 (kidnap-
ping 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);  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, SIXTEEN OR SEVENTEEN 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  moti-
vated  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

S. 1409                             9

a  person  fourteen [or], fifteen, SIXTEEN OR SEVENTEEN 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 clause (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] EIGHTEEN years of age, but only where there has been two prior
findings  by the court that such person has committed a prior act which,
if committed by an adult would be a felony:
  (i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
proceedings shall be originated in or be transferred to this  part  from
other parts as they are made known to the court.
  (ii)  Outside  the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every  other  proceeding
in the court, except proceedings under article ten.
  (III)  THERE  IS  HEREBY  ESTABLISHED  IN THE FAMILY COURT ONE OR MORE
"VIOLATION AND TRAFFIC INFRACTION PARTS". SUCH PARTS SHALL  HAVE  JURIS-
DICTION,  OVER  ANY OFFENSE THAT IS NOT A FELONY, OR A MISDEMEANOR UNDER
THE PENAL LAW ALLEGEDLY COMMITTED BY A PERSON SIXTEEN OR SEVENTEEN YEARS
OF AGE.  NOTHING IN THIS SUBPARAGRAPH SHALL PREVENT  A  JUDGE  PRESIDING
OVER A PROCEEDING CONCERNING SUCH AN OFFENSE, AFTER NOTICE AND AN OPPOR-
TUNITY FOR THE PARTIES TO BE HEARD, FROM TRANSFERRING SUCH PROCEEDING TO
OR  CONSOLIDATING  SUCH PROCEEDING BEFORE ANOTHER FAMILY COURT JUDGE, IN
THE SAME JURISDICTION, BEFORE WHOM A RELATED PROCEEDING,  INVOLVING  THE
SAME RESPONDENT, IS PENDING.
  S  18.  Subdivision  (a)  of  section  158  of the family court act is
amended to read as follows:
  (a) The family court may place in protective custody  a  person  under
[sixteen]  EIGHTEEN  years of age who is a material witness, as provided
by law.
  S 19. The family court act is amended by adding a new section 325.5 to
read as follows:
  S 325.5. REMOVAL FOR PROCEEDINGS IN A SUPERIOR COURT; CERTAIN  ALLEGED
OFFENSES  BY  YOUTHS  AGE  THIRTEEN,  FOURTEEN  OR FIFTEEN.   1. (A) (I)
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF PART FOUR OF THIS ARTICLE,
AT ANY TIME WITHIN TEN DAYS AFTER THE INITIAL APPEARANCE WITH RESPECT TO
A JUVENILE DELINQUENCY PETITION WHICH ALLEGES CONDUCT  THAT  IS  ALSO  A
JUVENILE OFFENSE, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF
THE  PENAL  LAW,  AND THAT IS PENDING PURSUANT TO THIS ARTICLE AGAINST A
YOUTH WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME  OF
SUCH ALLEGED OFFENSE, IF SUCH RESPONDENT HAS NOT ENTERED AN ADMISSION TO
ALL  SUCH JUVENILE OFFENSE COUNTS PURSUANT TO SECTION 321.2 OF THIS PART
THAT HAS BEEN ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART,  HAS  NOT
WAIVED A FACT-FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND
SUCH A FACT-FINDING HEARING HAS NOT OTHERWISE COMMENCED, THE APPROPRIATE
PRESENTMENT  AGENCY  SHALL,  UPON  THE  WRITTEN  REQUEST OF THE DISTRICT
ATTORNEY HAVING  GEOGRAPHIC  JURISDICTION  OVER  SUCH  ALLEGED  OFFENSE,

S. 1409                            10

PROMPTLY  SERVE  AND FILE, IN THE FAMILY COURT IN WHICH SUCH PETITION IS
PENDING, A MOTION SEEKING TO REMOVE  SUCH  JUVENILE  OFFENDER  COUNT  OR
COUNTS  TO  THE SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURIS-
DICTION  OVER  SUCH  OFFENSE  OR OFFENSES WERE AN INDICTMENT THEREFOR TO
RESULT.
  (II) SUCH REQUEST BY THE PRESENTMENT AGENCY MAY  (IF  SOUGHT  IN  SUCH
DISTRICT  ATTORNEY'S WRITTEN REQUEST) INCLUDE A REQUEST TO REMOVE TO THE
SUPERIOR CRIMINAL COURT OTHER SPECIFIED RELATED  OFFENSES  OF  THE  TYPE
DESCRIBED IN SUBDIVISION SIX OF SECTION 200.20 OF THE CRIMINAL PROCEDURE
LAW,  PROVIDED  THAT THE RESPONDENT HAS NOT ENTERED AN ADMISSION TO SUCH
COUNT OR COUNTS PURSUANT TO SECTION 321.2 OF THIS  PART  THAT  HAS  BEEN
ACCEPTED  PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT WAIVED A FACT-
FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND SUCH A  FACT-
FINDING HEARING HAS NOT OTHERWISE COMMENCED.
  (B)  (I)  IN  ITS  MOTION,  WHICH SHALL BE IN WRITING, THE PRESENTMENT
AGENCY SHALL SET FORTH THE REASONS FOR THE  MOTION  FOR  REMOVAL,  WHICH
SHALL  BE  STATED  IN  DETAIL  AND  NOT IN CONCLUSORY TERMS. THE WRITTEN
REQUEST OF THE DISTRICT ATTORNEY, WHICH MUST ALSO BE  STATED  IN  DETAIL
AND  NOT  IN  CONCLUSORY  TERMS,  SHALL  BE APPENDED TO THE MOTION. SUCH
DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY ACTING ON BEHALF OF
SUCH DISTRICT ATTORNEY, MAY ALSO SERVE AND FILE AN  AFFIRMATION  IN  THE
NATURE  OF  AN  AMICUS  CURIAE  IN  THE  FAMILY COURT IN SUPPORT OF SUCH
MOTION.
  (II) THE COURT MAY GRANT A HEARING ON THE MOTION AT THE REQUEST OF ANY
PARTY. THE PRESENTMENT AGENCY SHALL HAVE THE BURDEN TO SHOW: (A)  AGGRA-
VATING  CIRCUMSTANCES  THAT  BEAR  DIRECTLY  ON THE MANNER IN WHICH SUCH
CRIME OR CRIMES WERE COMMITTED; AND (B) IF THE RESPONDENT  WAS  NOT  THE
SOLE  PARTICIPANT  IN SUCH CRIME OR CRIMES, THAT THE RESPONDENT PLAYED A
MAJOR ROLE OR WAS THE DOMINANT  PARTICIPANT  IN  SUCH  CRIMES.  IF  SUCH
BURDEN  IS  MET,  THE COURT MAY GRANT REMOVAL ONLY IF, AFTER CONSIDERING
THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION 210.43 OF THE CRIMI-
NAL PROCEDURE LAW, IT DETERMINES THAT REMOVAL TO  A  SUPERIOR  COURT  IS
NECESSARY  TO  ACCOMPLISH  THE PURPOSES SET FORTH IN SECTION 1.05 OF THE
PENAL LAW AND ASSURE A JUST AND FAIR RESULT.
  2. (A) IF THE COURT ORDERS REMOVAL OF ALL OR A PORTION OF  THE  ACTION
TO  A  SUPERIOR  CRIMINAL  COURT  PURSUANT  TO  SUBDIVISION  ONE OF THIS
SECTION, IT SHALL STATE ON THE RECORD THE FACTORS UPON WHICH ITS  DETER-
MINATION  IS BASED, AND SHALL GIVE ITS REASONS FOR REMOVAL IN DETAIL AND
NOT IN CONCLUSORY TERMS.
  (B) WHERE A MOTION FOR REMOVAL PURSUANT TO  SUBDIVISION  ONE  OF  THIS
SECTION  HAS BEEN DENIED, NO FURTHER MOTION PURSUANT TO THIS SECTION MAY
BE MADE BY THE PRESENTMENT AGENCY WITH RESPECT TO THE  SAME  OFFENSE  OR
OFFENSES.
  3.  (A)  WHERE  AN  ORDER OF REMOVAL HAS BEEN GRANTED PURSUANT TO THIS
SECTION, AND THE RESPONDENT IS IN DETENTION PURSUANT TO SECTION 320.5 OF
THIS PART, THE ORDER OF REMOVAL TO  THE  SUPERIOR  CRIMINAL  COURT  MUST
PROVIDE  THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST OR
SOME OTHER PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE  SPEED  TAKE
THE JUVENILE TO THE DESIGNATED SUPERIOR COURT. THE ORDER OF REMOVAL MUST
SPECIFY  A  DATE  CERTAIN  WITHIN TEN DAYS FROM THE DATE OF THE ORDER OF
REMOVAL FOR THE RESPONDENT'S APPEARANCE IN SUCH SUPERIOR COURT PROVIDED,
HOWEVER, THAT WHERE THE RESPONDENT IS IN DETENTION OR IN THE CUSTODY  OF
THE  SHERIFF  THAT DATE MUST BE NOT LATER THAN THE NEXT DAY THE SUPERIOR
COURT IS IN SESSION.
  (B) THE ORDER OF REMOVAL MUST DIRECT THAT ALL  OF  THE  PLEADINGS  AND
PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO

S. 1409                            11

THE  DESIGNATED  SUPERIOR  COURT  AND BE DELIVERED TO AND FILED WITH THE
CLERK OF THAT COURT. FOR THE  PURPOSES  OF  THIS  SUBDIVISION  THE  TERM
"PLEADINGS AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING, INQUIRY
OR  TRIAL  HELD  IN  THE ACTION AND THE MINUTES OF ANY PLEA ACCEPTED AND
ENTERED.
  (C) THE ORDER OF REMOVAL MUST BE SIGNED BY THE  JUDGE  OF  THE  FAMILY
COURT WHO DIRECTED THE REMOVAL.
  S  20.  Subdivisions  1, 8 and 14 of section 301.2 of the family court
act, subdivisions 1 and 14 as added by chapter 920 of the laws  of  1982
and  subdivision  8  as  amended  by  chapter 7 of the laws of 2007, are
amended to read as follows:
  1. "Juvenile delinquent" means a  person  over  seven  and  less  than
[sixteen] EIGHTEEN years of age, who, having committed an act that would
constitute  a  crime  if  committed  by  an adult, (a) is not criminally
responsible for such conduct by reason  of  infancy,  [or]  (b)  is  the
defendant  in  an  action  ordered  removed from a criminal court to the
family court pursuant to article seven hundred twenty-five of the crimi-
nal procedure law, OR (C) COULD BE, BUT IS  NOT,  THE  DEFENDANT  IN  AN
ACTION AGAINST A SIXTEEN OR SEVENTEEN YEAR OLD AUTHORIZED BY SUBDIVISION
FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
  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,  SIXTEEN  OR
SEVENTEEN  years  of  age; or such conduct committed as a sexually moti-
vated 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); 130.70
(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, SIXTEEN, OR SEVENTEEN 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, SIXTEEN OR  SEVENTEEN  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 fourteen [or],
fifteen, SIXTEEN OR SEVENTEEN 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, SIXTEEN OR SEVENTEEN 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

S. 1409                            12

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] EIGHTEEN years of age, but only where there has been two prior
findings by the court that such person has committed a prior felony.
  14. Any reference in this article to "CRIME" OR the  commission  of  a
crime  includes  any  act which, if done by an adult, would constitute a
crime, AND ANY ACT COMMITTED BY A YOUTH AGED SIXTEEN OR SEVENTEEN WHICH,
IF DONE BY AN ADULT, WOULD CONSTITUTE AN OFFENSE AS DEFINED IN  SUBDIVI-
SION ONE OF SECTION 10.00 OF THE PENAL LAW.
  S  21.  Subdivisions 1 and 2 of section 305.1 of the family court act,
as added by chapter 920 of the laws of 1982,  are  amended  to  read  as
follows:
  1.  A private person may take a child under the age of [sixteen] EIGH-
TEEN into custody in cases in which he may arrest an adult for  a  crime
under section 140.30 of the criminal procedure law.
  2.  Before  taking such child under the age of [sixteen] EIGHTEEN into
custody, a private person must inform the child of the cause thereof and
require him to submit, except when he is taken into custody  on  pursuit
immediately after the commission of a crime.
  S 22. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2.  An  officer  may  take a child under the age of [sixteen] EIGHTEEN
into custody without a warrant in cases in which he may arrest a  person
for  a  crime  under article one hundred forty of the criminal procedure
law.
  S 23. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
court  act,  as  added by chapter 920 of the laws of 1982, is amended to
read as follows:
  (c) the fact that the respondent is a person under [sixteen]  EIGHTEEN
years of age at the time of the alleged act or acts;
  S 24. Subdivision 1 of section 352.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  Upon  the conclusion of the dispositional hearing, the court shall
enter an order of disposition:
  (a) conditionally discharging the respondent in  accord  with  section
353.1; or
  (b)  putting the respondent on probation in accord with section 353.2;
or
  (c) continuing the proceeding and placing  the  respondent  in  accord
with section 353.3; or
  (d) placing the respondent in accord with section 353.4; or
  (e)  continuing  the  proceeding  and  placing  the respondent under a
restrictive placement in accord with section 353.5; OR
  (F) WHERE APPLICABLE, IN ACCORD WITH SECTION 353.7.
  S 25. The family court act is amended by adding a new section 353.7 to
read as follows:
  S 353.7.  DISPOSITIONS FOR CERTAIN OFFENSES COMMITTED  BY  YOUTHS  AGE
SIXTEEN OR SEVENTEEN. 1. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE
TIME  OF SUCH ACT IS FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY
CLASSIFIED AS A VIOLATION OR TRAFFIC INFRACTION, THE COURT MAY ORDER THE
RESPONDENT TO PAY ANY FINE  AND/OR  SURCHARGE  AUTHORIZED  FOR  SUCH  AN
OFFENSE  COMMITTED  BY AN ADULT, AND/OR ORDER AN UNCONDITIONAL DISCHARGE
OR CONDITIONAL DISCHARGE IN ACCORDANCE WITH SECTION 353.1 OF THIS PART.

S. 1409                            13

  2. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
FOUND TO HAVE COMMITTED AN OFFENSE THAT  IS  LAWFULLY  CLASSIFIED  AS  A
MISDEMEANOR, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHOR-
IZED  BY  LAW,  ORDER  THE  RESPONDENT  TO PAY ANY FINE AND/OR SURCHARGE
AUTHORIZED FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
  3. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
FOUND  TO  HAVE  COMMITTED  AN  OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
FELONY, THE COURT MAY, IN ADDITION TO ANY OTHER  DISPOSITION  AUTHORIZED
BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED
BY LAW FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
  4. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
FOUND  TO HAVE COMMITTED A TRAFFIC INFRACTION, VIOLATION, MISDEMEANOR OR
FELONY PROHIBITED BY THE VEHICLE AND TRAFFIC LAW, THE COURT MAY TAKE ANY
ACTION WITH RESPECT TO SUCH PERSON'S DRIVER'S LICENSE OR DRIVING  PRIVI-
LEGE AS IS AUTHORIZED BY LAW FOR SUCH A VIOLATION COMMITTED BY AN ADULT.
  5. FOR PURPOSES OF THIS SECTION, "OFFENSE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW.
  S  26. 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, WHERE PROSECUTION IS AUTHORIZED BY LAW,
INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF  THE  CRIMINAL  PROCEDURE
LAW  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 this chapter 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 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 (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; 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 27. Subdivisions 1 and 2 of section 30.00 of the penal law, subdivi-
sion 1 as amended by chapter 481 of the laws of 1978 and  subdivision  2
as  amended  by  chapter  7  of the laws of 2007, are amended to read as
follows:
  1. Except as provided in subdivision two of  this  section,  a  person
less than [sixteen] EIGHTEEN years old is not criminally responsible for
conduct.
  2. (A) A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
years  of  age is criminally responsible for acts constituting murder in

S. 1409                            14

the second degree as defined in subdivisions  one  and  two  of  section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally  responsible  or  for such conduct as a sexually motivated felony,
where authorized pursuant to section 130.91 [of the penal  law],  EXCEPT
THAT,  IN  THE  CASE  OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF
AGE, THE PERSON IS ONLY CRIMINALLY RESPONSIBLE PURSUANT  TO  THIS  PARA-
GRAPH IF SUCH ACTION AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMI-
LY  COURT  TO A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE
FAMILY COURT ACT AND SECTION 726.05 OF THE CRIMINAL PROCEDURE  LAW;  and
(B)  a  person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN 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); subdivi-
sions one and two of section 130.35 (rape in the first degree); subdivi-
sions 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; 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], EXCEPT THAT, IN THE CASE
OF A PERSON FOURTEEN OR FIFTEEN YEARS OF AGE, THE PERSON IS ONLY  CRIMI-
NALLY  RESPONSIBLE PURSUANT TO THIS PARAGRAPH IF SUCH ACTION AGAINST HIM
OR HER WAS ORDERED REMOVED FROM A FAMILY COURT TO  A  SUPERIOR  CRIMINAL
COURT  PURSUANT  TO  SECTION  325.5  OF THE FAMILY COURT ACT AND SECTION
726.05 OF THE CRIMINAL PROCEDURE LAW.
  S 28. Subdivision 2 of section 60.10 of the penal law, as  amended  by
chapter 411 of the laws of 1979, is amended to read as follows:
  2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided,  however, that the limitation prescribed by this section shall
not be deemed or construed to bar use of  a  conviction  of  a  juvenile
offender,  other  than  a  juvenile  offender who has been adjudicated a
youthful offender pursuant to section 720.20 of the  criminal  procedure
law,  as  a  previous  or predicate felony offender under section 70.04,
70.06, 70.08 or 70.10, when sentencing a person  who  commits  a  felony
after he has reached the age of [sixteen] EIGHTEEN.
  S  29.  Paragraph  (a)  of subdivision 3 of section 70.05 of the penal
law, as amended by chapter 174 of the laws of 2003, is amended  to  read
as follows:
  (a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than  five years but shall not exceed nine years provided, however, that
where the sentence is for an offense specified in subdivision one or two
of section 125.25 of this chapter and the defendant was  fourteen  [or],
fifteen, SIXTEEN OR SEVENTEEN years old at the time of such offense, the
minimum period of imprisonment shall be not less than seven and one-half
years but shall not exceed fifteen years;

S. 1409                            15

  S  30.  Paragraph  (f)  of subdivision 1 of section 70.30 of the penal
law, as added by chapter 481 of the laws of 1978 and  as  relettered  by
chapter 3 of the laws of 1995, is amended to read as follows:
  (f) The aggregate maximum term of consecutive sentences imposed upon a
juvenile  offender for two or more crimes, not including a class A felo-
ny, committed before he has  reached  the  age  of  [sixteen]  EIGHTEEN,
shall,  if  it  exceeds ten years, be deemed to be ten years. If consec-
utive indeterminate sentences imposed upon a juvenile offender include a
sentence for the class A felony of arson in the first degree or for  the
class  A  felony  of  kidnapping in the first degree, then the aggregate
maximum term of such sentences shall, if it exceeds  fifteen  years,  be
deemed  to  be fifteen years. Where the aggregate maximum term of two or
more consecutive sentences is reduced by a calculation made pursuant  to
this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
exceeds one-half of the aggregate maximum term as so reduced,  shall  be
deemed to be one-half of the aggregate maximum term as so reduced.
  S  31.  Paragraph  (d)  of subdivision 1 of section 70.30 of the penal
law, as added by chapter 481 of the laws of 1978, is amended to read  as
follows:
  (d) The aggregate maximum term of consecutive sentences imposed upon a
juvenile  offender for two or more crimes, not including a class A felo-
ny, committed before he has  reached  the  age  of  [sixteen]  EIGHTEEN,
shall,  if  it  exceeds ten years, be deemed to be ten years. If consec-
utive indeterminate sentences imposed upon a juvenile offender include a
sentence for the class A felony of arson in the first degree or for  the
class  A  felony  of  kidnapping in the first degree, then the aggregate
maximum term of such sentences shall, if it exceeds  fifteen  years,  be
deemed  to  be fifteen years. Where the aggregate maximum term of two or
more consecutive sentences is reduced by a calculation made pursuant  to
this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
exceeds one-half of the aggregate maximum term as so reduced,  shall  be
deemed to be one-half of the aggregate maximum term as so reduced.
  S 32. Severability. If any clause, sentence, paragraph, subdivision or
part  of  this  act, or the application thereof to any person or circum-
stance, shall be adjudged by any court of competent jurisdiction  to  be
invalid  or  unconstitutional, such judgment shall not affect, impair or
invalidate the reminder thereof, but shall be confined in its  operation
to  the clause, sentence, paragraph, subdivision or part of this act, or
in its application to the person or circumstance, directly  involved  in
the controversy in which such judgment shall have been rendered.
  S  33. This act shall take effect 18 months after it shall have become
a law; provided, however, that the amendments to paragraph (f) of subdi-
vision 1 of section 70.30 of the penal law made  by  section  thirty  of
this  act shall be subject to the expiration and reversion of such para-
graph pursuant to subdivision d of section 74 of chapter 3 of  the  laws
of 1995, as amended, when upon such date the provisions of section thir-
ty-one of this act shall take effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.