Senate Bill S8685

2019-2020 Legislative Session

Relates to raising the lower age of juvenile delinquency jurisdiction from seven to twelve years of age and establishing differential response programs for children under the age of twelve

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

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2019-S8685 (ACTIVE) - Details

See Assembly Version of this Bill:
A10727
Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§301.2, 304.1, 306.1, 308.1, 353.2, 353.6 & 354.1, Fam Ct Act; amd §§409-a & 458-m, add Art 6 Title 12-A §458-o, Soc Serv L; amd §840, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S4051, A4982

2019-S8685 (ACTIVE) - Summary

Raises the lower age of juvenile delinquency jurisdiction from seven to twelve years of age and establishes differential response programs for children under the age of twelve.

2019-S8685 (ACTIVE) - Sponsor Memo

2019-S8685 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8685
 
                             I N  S E N A T E
 
                               July 6, 2020
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the family court act, the social services  law  and  the
   executive law, in relation to raising the lower age of juvenile delin-
   quency  jurisdiction  from  age  seven  to age twelve and to establish
   differential response programs for children under the age of twelve

   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 eigh-
 teen  a  person  over  seven  and  less than seventeen years of age, and
 commencing October first, two thousand nineteen a person over seven]  AT
 LEAST  TWELVE and less than eighteen years of age, who, having committed
 an act that would  constitute  a  crime,  or  a  violation,  where  such
 violation  is alleged to have occurred in the same transaction or occur-
 rence of the alleged criminal act, 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.
   §  2.    Subdivision  8  of  section 301.2 of the family court act, as
 amended by section 57 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   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,  fifteen,  [or]  sixteen,  or
 [commencing  October  first,  two thousand nineteen,] seventeen 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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