assembly Bill A8090B

2019-2020 Legislative Session

Relates to juvenile delinquency charges of violations in the family court

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 ordered to third reading cal.309
returned to assembly
died in senate
Jun 18, 2019 referred to rules
delivered to senate
passed assembly
Jun 14, 2019 ordered to third reading rules cal.302
rules report cal.302
reported
Jun 12, 2019 amend and recommit to rules 8090b
Jun 11, 2019 reported referred to rules
Jun 04, 2019 print number 8090a
Jun 04, 2019 amend and recommit to codes
reported referred to codes
May 31, 2019 referred to children and families

A8090 - Details

Law Section:
Family Court Act
Laws Affected:
Amd Fam Ct Act, generally; amd §510.15, CP L
Versions Introduced in 2021-2022 Legislative Session:
A7706

A8090 - Summary

Relates to juvenile delinquency charges of violations in family court; provides that where an order of fact-finding has been issued that includes a violation committed by a juvenile sixteen years of age or, commencing on October 1, 2019, seventeen years of age, the records shall be sealed automatically without the necessity of a motion; makes related provisions.

A8090 - Bill Text download pdf


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

                                  8090

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced by M. of A. DAVILA -- read once and referred to the Committee
  on Children and Families

AN  ACT to amend the family court act and the criminal procedure law, in
  relation to juvenile delinquency charges of violations in  the  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 301.2 of the family court act,  as
amended  by section 56 of part WWW of chapter 59 of the laws of 2017, is
amended to read as follows:
  1. "Juvenile delinquent" means a  person  over  seven  and  less  than
[sixteen  years  of  age,  or  commencing on October first, two thousand
eighteen a person over seven and less than] seventeen years of age,  and
commencing October first, two thousand nineteen, a person over seven and
less than eighteen years of age, who, having committed an act that would
constitute  a  crime  IF  COMMITTED  BY  AN ADULT, or (WITH RESPECT TO A
PERSON OVER SIXTEEN AND LESS THAN SEVENTEEN YEARS OF AGE  OR,  A  PERSON
OVER  SIXTEEN  AND  LESS  THAN  EIGHTEEN YEARS OF AGE COMMENCING OCTOBER
FIRST, TWO THOUSAND NINETEEN, a  violation  AS  DEFINED  BY  SUBDIVISION
THREE  OF SECTION 10.00 OF THE PENAL LAW IF COMMITTED BY AN ADULT, where
such violation is alleged to have occurred in the  same  transaction  or
occurrence  of the alleged criminal act[, if committed by an adult], AND
WHERE SUCH PERSON: (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 criminal procedure law.
  § 2. Subdivision 3 of section 302.1 of the family court act, as  added
by  section  56-a  of  part  WWW  of  chapter 59 of the laws of 2017, is
amended to read as follows:
  3. [Whenever] WITH RESPECT TO A  YOUTH  OVER  SIXTEEN  AND  LESS  THAN
SEVENTEEN  YEARS OF AGE OR, A PERSON OVER SIXTEEN AND LESS THAN EIGHTEEN

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

A8090A - Details

Law Section:
Family Court Act
Laws Affected:
Amd Fam Ct Act, generally; amd §510.15, CP L
Versions Introduced in 2021-2022 Legislative Session:
A7706

A8090A - Summary

Relates to juvenile delinquency charges of violations in family court; provides that where an order of fact-finding has been issued that includes a violation committed by a juvenile sixteen years of age or, commencing on October 1, 2019, seventeen years of age, the records shall be sealed automatically without the necessity of a motion; makes related provisions.

A8090A - Bill Text download pdf


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

                                 8090--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Children
  and Families -- reported and referred to the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the family court act and the criminal procedure law,  in
  relation  to  juvenile delinquency charges of violations in the 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 301.2 of the family court act, as
amended by section 56 of part WWW of chapter 59 of the laws of 2017,  is
amended to read as follows:
  1.  "Juvenile  delinquent"  means  a  person  over seven and less than
[sixteen years of age, or commencing  on  October  first,  two  thousand
eighteen  a person over seven and less than] seventeen years of age, and
commencing October first, two thousand nineteen, a person over seven and
less than eighteen years of age, who, having committed an act that would
constitute a crime IF COMMITTED BY AN  ADULT,  or  (WITH  RESPECT  TO  A
PERSON  OVER  SIXTEEN  AND LESS THAN SEVENTEEN YEARS OF AGE OR, A PERSON
OVER SIXTEEN AND LESS THAN EIGHTEEN  YEARS  OF  AGE  COMMENCING  OCTOBER
FIRST,  TWO  THOUSAND  NINETEEN)  a  violation AS DEFINED BY SUBDIVISION
THREE OF SECTION 10.00 OF THE PENAL LAW IF COMMITTED BY AN ADULT,  where
such  violation  is  alleged to have occurred in the same transaction or
occurrence of the alleged criminal act[, if committed by an adult],  AND
WHERE SUCH PERSON: (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 criminal procedure law.
  §  2. Subdivision 3 of section 302.1 of the family court act, as added
by section 56-a of part WWW of chapter  59  of  the  laws  of  2017,  is
amended to read as follows:
  3.  [Whenever]  WITH  RESPECT  TO  A  YOUTH OVER SIXTEEN AND LESS THAN
SEVENTEEN YEARS OF AGE OR, A PERSON OVER SIXTEEN AND LESS THAN  EIGHTEEN

A8090B (ACTIVE) - Details

Law Section:
Family Court Act
Laws Affected:
Amd Fam Ct Act, generally; amd §510.15, CP L
Versions Introduced in 2021-2022 Legislative Session:
A7706

A8090B (ACTIVE) - Summary

Relates to juvenile delinquency charges of violations in family court; provides that where an order of fact-finding has been issued that includes a violation committed by a juvenile sixteen years of age or, commencing on October 1, 2019, seventeen years of age, the records shall be sealed automatically without the necessity of a motion; makes related provisions.

A8090B (ACTIVE) - Bill Text download pdf


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

                                 8090--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2019
                               ___________

Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Children
  and Families -- reported and referred to the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported and referred to the  Commit-
  tee  on  Rules  --  Rules  Committee discharged, bill amended, ordered
  reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the family court act and the criminal procedure law,  in
  relation  to  juvenile delinquency charges of violations in the 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 301.2 of the family court act, as
amended by section 56 of part WWW of chapter 59 of the laws of 2017,  is
amended to read as follows:
  1.  "Juvenile  delinquent"  means  a  person  over seven and less than
[sixteen years of age, or commencing  on  October  first,  two  thousand
eighteen  a person over seven and less than] seventeen years of age, and
commencing October first, two thousand nineteen, a person over seven and
less than eighteen years of age, who, having committed an act that would
constitute a crime IF COMMITTED BY AN  ADULT,  or  (WITH  RESPECT  TO  A
PERSON  OVER  SIXTEEN  AND LESS THAN SEVENTEEN YEARS OF AGE OR, A PERSON
OVER SIXTEEN AND LESS THAN EIGHTEEN  YEARS  OF  AGE  COMMENCING  OCTOBER
FIRST,  TWO  THOUSAND  NINETEEN)  a  violation AS DEFINED BY SUBDIVISION
THREE OF SECTION 10.00 OF THE PENAL LAW IF COMMITTED BY AN ADULT,  where
such  violation  is  alleged to have occurred in the same transaction or
occurrence of the alleged criminal act[, if committed by an adult],  AND
WHERE SUCH PERSON: (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 criminal procedure law.
  §  2. Subdivision 3 of section 302.1 of the family court act, as added
by section 56-a of part WWW of chapter  59  of  the  laws  of  2017,  is
amended to read as follows: