S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4121
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by Sens. MONTGOMERY, BAILEY, COMRIE, HOYLMAN, KRUEGER, PARK-
   ER, SQUADRON -- 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
   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;  and  to  repeal  certain provisions of the criminal 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);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03724-02-7

 S. 4121                             2
 
 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; 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.
   § 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].
   § 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:

 S. 4121                             3
 
   (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, 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.
   § 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:

 S. 4121                             4

   (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
 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.
   § 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.
   §  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.
   § 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

 S. 4121                             5
 
 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
 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.
   §  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.
   § 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:
 § 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

 S. 4121                             6
 
 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
 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.
   § 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:
 § 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. 4121                             7
 
   §  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:
   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.
   § 12. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
 procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
   § 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
   § 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.
 § 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.
 § 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

 S. 4121                             8
 
 LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE  ALL  FIND-
 INGS,  DETERMINATIONS,  VERDICTS  AND  ORDERS,  OTHER  THAN THE ORDER OF
 REMOVAL, SHALL BE DEEMED TO HAVE BEEN  MADE  BY  THE  SUPERIOR  CRIMINAL
 COURT.
   § 15. Section 507-d of the executive law, as amended by chapter 465 of
 the laws of 1992, is amended to read as follows:
   § 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.
   §  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,
   § 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

 S. 4121                             9
 
 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 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.
   §  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.
   § 19. The family court act is amended by adding a new section 325.5 to
 read as follows:
   § 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

 S. 4121                            10

 PRESENTMENT  AGENCY  SHALL,  UPON  THE  WRITTEN  REQUEST OF THE DISTRICT
 ATTORNEY HAVING  GEOGRAPHIC  JURISDICTION  OVER  SUCH  ALLEGED  OFFENSE,
 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.

 S. 4121                            11
 
   (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
 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.
   §  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

 S. 4121                            12
 
 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 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.
   §  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.
   § 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.
   § 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;
   § 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.
   § 25. The family court act is amended by adding a new section 353.7 to
 read as follows:
   § 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

 S. 4121                            13
 
 OFFENSE  COMMITTED  BY AN ADULT, AND/OR ORDER AN UNCONDITIONAL DISCHARGE
 OR CONDITIONAL DISCHARGE IN ACCORDANCE WITH SECTION 353.1 OF THIS PART.
   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.
   §  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].
   § 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.

 S. 4121                            14
 
   2. (A) A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
 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 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.
   § 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.
   §  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

 S. 4121                            15
 
 minimum period of imprisonment shall be not less than seven and one-half
 years but shall not exceed fifteen years;
   §  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.
   §  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.
   § 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.
   §  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.