senate Bill S4489A

2013-2014 Legislative Session

Relates to the age of criminal responsibility

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jun 17, 2013 print number 4489a
amend and recommit to codes
Apr 03, 2013 referred to codes

Co-Sponsors

S4489 - Details

See Assembly Version of this Bill:
A7553A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.10, 1.20, 160.10, 160.20 & 725.00, add Art 155 §§155.00 - 155.20 & Art 722 §§722.00 - 722.60, CP L; amd §§243 & 502, Exec L; amd §212, add Art 21-C §§849-l - 849-o, Judy L; amd §30.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7394, A10257

S4489 - Summary

Relates to the age of criminal responsibility.

S4489 - Sponsor Memo

S4489 - Bill Text download pdf

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

                                  4489

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  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 judi-
  ciary law and the penal law,  in  relation  to  the  age  of  criminal
  responsibility

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

  Section 1. Legislative findings. The legislature  finds  and  declares
that,  each  year,  roughly 40,000 youths aged 16 and 17 are arrested in
New York and prosecuted as adults in its criminal courts, overwhelmingly
for non-felony offenses. As many  studies  over  the  past  decade  have
shown,  however,  the adult criminal justice system does not effectively
respond to teenage criminal behavior. It is costly and largely ill-suit-
ed to the challenges such crime presents. Accordingly, this measure aims
to provide a distinctly new, more effective response to teenage criminal
behavior.
  Modern behavioral neuroscience confirms that the brains  of  teenagers
are  not  yet  matured;  they  lack impulse control and can neither make
fully-reasoned judgments nor weigh the risks and consequences  of  their
behavior.  It is now understood that teenage offenders should be treated
differently from older criminals  because  their  offenses  are  not  as
"morally  reprehensible  as that of an adult." Moreover, as other states
nationwide have learned, and as the legislature now recognizes,  teenag-
ers  are better candidates for rehabilitation and more likely to benefit
from alternatives-to-incarceration programs and locally-based  services.
Experience  in  other  states  has  shown  that recidivism among teenage
offenders drops markedly when the latter are  treated  with  appropriate
intervention  programs  and  services designed for teenagers rather than
with adult criminal sanctions. Indeed, where such programs and  services
are  utilized, all involved can benefit: the affected teenagers, many of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08997-01-3

Co-Sponsors

S4489A (ACTIVE) - Details

See Assembly Version of this Bill:
A7553A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§1.10, 1.20, 160.10, 160.20 & 725.00, add Art 155 §§155.00 - 155.20 & Art 722 §§722.00 - 722.60, CP L; amd §§243 & 502, Exec L; amd §212, add Art 21-C §§849-l - 849-o, Judy L; amd §30.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S7394, A10257

S4489A (ACTIVE) - Summary

Relates to the age of criminal responsibility.

S4489A (ACTIVE) - Sponsor Memo

S4489A (ACTIVE) - Bill Text download pdf

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

                                 4489--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by Sens. NOZZOLIO, GRISANTI, HASSELL-THOMPSON -- (at request
  of the Office of Court  Administration)  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the criminal procedure law, the executive law, the judi-
  ciary law and the penal law,  in  relation  to  the  age  of  criminal
  responsibility

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

  Section  1.  Legislative  findings.  (a)  The  legislature  finds  and
declares  that,  each  year,  roughly  40,000  youths aged 16 and 17 are
arrested in New York and prosecuted as adults in  its  criminal  courts,
overwhelmingly  for  non-felony  offenses. As many studies over the past
decade have shown, however, the adult criminal justice system  does  not
effectively  respond  to  teenage  criminal  behavior.  It is costly and
largely ill-suited to the challenges such crime  presents.  Accordingly,
this  measure  aims to provide a distinctly new, more effective response
to teenage criminal behavior.
  Modern behavioral neuroscience confirms that the brains  of  teenagers
are  not  yet  matured;  they  lack impulse control and can neither make
fully-reasoned judgments nor weigh the risks and consequences  of  their
behavior.  It is now understood that teenage offenders should be treated
differently from older criminals  because  their  offenses  are  not  as
"morally  reprehensible  as that of an adult." Moreover, as other states
nationwide have learned, and as the legislature now recognizes,  teenag-
ers  are better candidates for rehabilitation and more likely to benefit
from alternatives-to-incarceration programs and locally-based  services.
Experience  in  other  states  has  shown  that recidivism among teenage
offenders drops markedly when the latter are  treated  with  appropriate
intervention  programs  and  services designed for teenagers rather than

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08997-02-3

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