Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 06, 2016 |
referred to codes |
Senate Bill S7519
2015-2016 Legislative Session
Sponsored By
(D) Senate District
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
Actions
2015-S7519 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §210.43, CP L
2015-S7519 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7519 TITLE OF BILL : An act to amend the criminal procedure law, in relation to a motion to remove a juvenile offender to family court PURPOSE OR GENERAL IDEA OF BILL : The bill amends the criminal procedure law so that youth who are charged with a crime may have their cases removed from Superior Criminal Court to Family Court. The changes implemented in the bill reflect evidence that the current system has not been effective in deterring and preventing crime. SUMMARY OF SPECIFIC PROVISIONS : The bill raises the age of criminal responsibility to age 20. Allow for a juvenile defendant to have his/her case removed from Superior Criminal Court to Family Court. 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
2015-S7519 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7519 I N S E N A T E May 6, 2016 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to a motion to remove a juvenile offender to family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 210.43 of the criminal procedure law, as added by chapter 411 of the laws of 1979, paragraph (b) as amended by chapter 264 of the laws of 2003, is amended to read as follows: 1. After a motion by a juvenile offender, pursuant to subdivision five of section 180.75 of this chapter, or after arraignment of a juve- nile offender upon an indictment, the superior court may, on motion of any party or on its own motion: (a) except as otherwise provided by paragraph (b) OF THIS SUBDIVISION, order removal of the action to the family court pursuant to the provisions of article seven hundred twenty-five of this chapter, if, after consideration of the factors set forth in subdivision two of this section, the court determines that to do so would be in the interests of justice. PROVIDED, HOWEVER, THAT A SUPERIOR COURT SHALL BE REQUIRED TO ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF THE PENAL LAW, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE YOUTH PLACED A PRIMARY ROLE IN COMMISSION OF THE CRIME OR THAT AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM IN OPPOSITION SUBMITTED BY THE DISTRICT ATTORNEY THAT BEAR DIRECTLY ON THE MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or (b) [with the consent] AFTER CONSIDERATION OF THE RECOMMENDATION of the district attorney, order removal of an action involving an indict- ment 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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