NY State Senate Bill 2019-S8163

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2020	referred to children and families

2019-S8163 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd Fam Ct Act, generally; amd §34-a, add Art 6 Title 12-A §458-o, Soc Serv L

2019-S8163 (ACTIVE) - Summary

Raises the lower age of juvenile delinquency jurisdiction from seven to twelve years of age.

2019-S8163 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8163

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the family court act and the social services law, in
relation to raising the lower age of juvenile delinquency jurisdiction
from age seven to age twelve

 
PURPOSE:

The purpose of this bill is to raise the age of juvenile delinquency
from age seven to age twelve and end the prosecution of children under
age twelve.

 
SUMMARY OF PROVISIONS:

Section 1 subdivision 1 of section 301.2 of the family court act defines
"juvenile delinquent" as "at least twelve"

Section 1 subdivision 8 of section 301.2 changes the age from "seven" to

"twelve" and changes from "has" to "have"

Section 3 subdivision 3 of Section 304.1 changes the age from "ten" to
"thirteen"

Section 305.1 adds "at least twelve years of age and"

Section 305.2 changes the age from "sixteen" to "eighteen"

Section 305. 3 changes to "at least twelve years of age"

Section 5 subdivision 3 of Section 305.2 adds "at least twelve years of
age"

Section 6 Paragraph (a) of subdivision 1 of Section 303.1 changes "elev-
en" to "at least twelve" and adds "or older"

Section 7 subdivision 12 of Section 308.1 adds "eleven or"

Section 8 Paragraph (f) of subdivision 2 of Section 353.2 adds "provided
the respondent is over ten years of age"

Section 9 the opening paragraph of subdivision 1 of section 353.6 adds
"in cases involving respondents over ten years of age"

Section 10 subdivisions 1, 2, 6, and 7 of section 354.1 adds "eleven or"

Section 11 Paragraph (a) of subdivision 1 of section 34-a adds "and
shall also include services for children under twelve years of age whose
behavior but for their age would bring them within the jurisdiction of
the family court pursuant to article three of the family court act
provided pursuant to section four hundred fifty-eight-o of this chapter.

Section 12 adds a new section to provide adequate services for children
avoiding intervention and using the lease restrictive school, health,
and community based services available. This section also permits the
local social services to work with law enforcement to deal with children

whose behavior would bring them in the jurisdiction of family court by
referring them to appropriate services based on their situation.

 
JUSTIFICATION:

Under current law, New York continues to allow children as young as
seven years old to be arrested and prosecuted as juvenile delinquents in
family court. The only other state that has a younger jurisdictional age
is North Carolina, setting the bar at age six. In New York State, chil-
dren under 12 may be subject to police questioning, pre-trial detention
with older youth, probation, and mandatory confinement. This can be
extremely traumatic, especially for a seven-year-old child. Children of
color are disproportionately represented among young children charged in
court statewide. By raising the age from seven to twelve, we can better
serve elementary age children who come to the attention of law enforce-
ment through our existing system of community-based services, including
those available through our local departments of social services and
behavioral health care. In addition, raising the age would relieve the
family court of juvenile court cases that could otherwise be handled
through other means. Finally, raising the age from seven to twelve would
make New York a progressive state in juvenile justice reform and keep up
with other states.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8163 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8163
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act and the  social  services  law,  in
   relation to raising the lower age of juvenile delinquency jurisdiction
   from age seven to age 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
 sections  120.10  (assault in the first degree); 125.20 (manslaughter in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15119-01-0

 S. 8163                             2
 
 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,
 fifteen, [or] sixteen, or[, commencing October first, two thousand nine-
 teen,]  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 commit-
 ted by a person thirteen, fourteen, fifteen, [or] sixteen, or  [commenc-
 ing  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; (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  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, fifteen, [or] sixteen or[, commencing October first, two thou-
 sand  nineteen,]  seventeen 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 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; (vi) other than a misdemeanor committed by  a  person  at
 least  [seven but less than seventeen years of age, and commencing Octo-
 ber first, two thousand nineteen, a person at least  seven]  TWELVE  but
 less  than  eighteen  years of age, but only where there [has] HAVE been
 two prior findings by the court that such person has committed  a  prior
 felony.
   §  3.  Subdivision  3  of  Section  304.1  of the family court act, as
 amended by section 59 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   3.  The  detention  of  a child under [ten] THIRTEEN years of age in a
 secure detention facility  shall  not  be  directed  under  any  of  the
 provisions of this article.
   § 4. Section 305.1 of the family court act, as added by chapter 920 of
 the  laws of 1982, subdivision 1 as amended by section 61 of part WWW of
 chapter 59 of the laws of 2017 and subdivision 3 as amended  by  chapter
 398 of the laws of 1983, is amended to read as follows:
   §  305.1.  Custody by a private person. 1. A private person may take a
 child AT LEAST TWELVE YEARS OF  AGE  AND  who  may  be  subject  to  the
 provisions  of  this article for committing an act that would be a crime
 if committed by an adult into custody in cases  in  which  such  private
 person may arrest an adult for a crime under section 140.30 of the crim-
 inal procedure law.
   2. Before taking such child AT LEAST TWELVE YEARS OF AGE AND under the
 age of [sixteen] EIGHTEEN into custody, a private person must inform the

 S. 8163                             3
 
 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.
   3.  After taking such child AT LEAST TWELVE YEARS OF AGE into custody,
 a private person must take the child, without unnecessary delay, to  the
 child's  home,  to a family court, or to a police officer or peace offi-
 cer.
   § 5.  Subdivision  3 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:
   3.  If an officer takes such child into custody or if a child AT LEAST
 TWELVE YEARS OF AGE is delivered to him under section  305.1,  he  shall
 immediately  notify  the  parent or other person legally responsible for
 the child's care, or if such legally responsible person  is  unavailable
 the  person  with  whom the child resides, that the child has been taken
 into custody.
   § 6.  Paragraph (a) of subdivision 1 of section 306.1  of  the  family
 court  act, as amended by chapter 645 of the laws of 1996, is amended to
 read as follows:
   (a) the child is [eleven] AT LEAST TWELVE years of age [or older]  and
 the  crime which is the subject of the arrest or which is charged in the
 petition constitutes a class A or B felony; or
   § 7.  Subdivision 12 of section 308.1 of  the  family  court  act,  as
 added by chapter 920 of the laws of 1982, is amended to read as follows:
   12.  The  probation  service shall certify to the division of criminal
 justice services  and  to  the  appropriate  police  department  or  law
 enforcement  agency  whenever  it  adjusts a case in which the potential
 respondent's fingerprints were taken pursuant to section  306.1  in  any
 manner  other than the filing of a petition for juvenile delinquency for
 an act which, if committed by  an  adult,  would  constitute  a  felony,
 provided,  however,  in  the case of a child [eleven or] twelve years of
 age, such certification shall be made only if the act would constitute a
 class A or B felony.
   § 8.  Paragraph (f) of subdivision 2 of section 353.2  of  the  family
 court  act, as amended by chapter 124 of the laws of 1993, is amended to
 read as follows:
   (f) make restitution or perform services for the public good  pursuant
 to section 353.6[, provided the respondent is over ten years of age];
   §  9.   The opening paragraph of subdivision 1 of section 353.6 of the
 family court act, as amended by chapter 877 of  the  laws  of  1983,  is
 amended to read as follows:
   At  the  conclusion  of  the dispositional hearing [in cases involving
 respondents over ten years of age] the court may:
   § 10.  Subdivisions 1, 2, 6 and 7 of section 354.1 of the family court
 act, subdivision 1 as added by chapter 920  of  the  laws  of  1982  and
 subdivisions  2,  6 and 7 as amended by chapter 645 of the laws of 1996,
 are amended to read as follows:
   1. If a person whose  fingerprints,  palmprints  or  photographs  were
 taken  pursuant  to  section  306.1  or was initially fingerprinted as a
 juvenile offender and the action is subsequently  removed  to  a  family
 court  pursuant  to  article  seven  hundred twenty-five of the criminal
 procedure law is adjudicated to be a juvenile delinquent for  a  felony,
 the  family court shall forward or cause to be forwarded to the division
 of criminal justice services notification of such adjudication and  such
 related  information  as  may  be  required  by such division, provided,
 however, in the case of a person [eleven or] twelve years  of  age  such

 S. 8163                             4
 
 notification  shall  be  provided only if the act upon which the adjudi-
 cation is based would constitute a class A or B felony.
   2.  If  a  person  whose  fingerprints, palmprints or photographs were
 taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
 juvenile offender and the action is subsequently removed to family court
 pursuant  to article seven hundred twenty-five of the criminal procedure
 law has had all petitions disposed of by the family court in any  manner
 other  than an adjudication of juvenile delinquency for a felony, but in
 the case of acts committed when such person was [eleven or] twelve years
 of age which would constitute a class A or B felony only, all such fing-
 erprints, palmprints, photographs, and copies thereof, and all  informa-
 tion  relating  to such allegations obtained by the division of criminal
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The clerk of the court shall notify the commissioner of the division  of
 criminal  justice  services  and the heads of all police departments and
 law enforcement agencies  having  copies  of  such  records,  who  shall
 destroy such records without unnecessary delay.
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly  adjudicated  a  juvenile delinquent for a felony, but in the case of
 acts committed when such a person was [eleven or] twelve  years  of  age
 which  would  constitute  a  class  A  or B felony only, is subsequently
 convicted of a crime, all fingerprints and related information  obtained
 by  the  division  of criminal justice services pursuant to such section
 and not destroyed pursuant to subdivisions two, five and seven or subdi-
 vision twelve of section 308.1 shall  become  part  of  such  division's
 permanent adult criminal record for that person, notwithstanding section
 381.2 or 381.3.
   7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
 quently adjudicated a juvenile delinquent for a felony, but in the  case
 of  acts  committed when such person was [eleven or] twelve years of age
 which would constitute a class A or B felony only, reaches  the  age  of
 twenty-one,  or has been discharged from placement under this act for at
 least  three  years,  whichever  occurs  later,  and  has  no   criminal
 convictions  or pending criminal actions which ultimately terminate in a
 criminal conviction,  all  fingerprints,  palmprints,  photographs,  and
 related  information  and  copies  thereof  obtained pursuant to section
 306.1 in the possession of the division of  criminal  justice  services,
 any  police department, law enforcement agency or any other agency shall
 be destroyed forthwith. The division of criminal justice services  shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion  pursuant  to  section  306.1  of their obligation to destroy those
 records in their possession. In the case of a  pending  criminal  action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   §  11.    Paragraph (a) of subdivision 1 of section 34-a of the social
 services law, as amended by section 17 of part E of chapter  57  of  the
 laws of 2005, is amended to read as follows:
   (a)  Each  social services district shall prepare a multi-year consol-
 idated services plan encompassing adult services and  family  and  chil-
 dren's  services, which shall include diversion services provided pursu-
 ant to section seven hundred thirty-five of the family  court  act,  AND
 SHALL ALSO INCLUDE SERVICES FOR CHILDREN UNDER TWELVE YEARS OF AGE WHOSE
 BEHAVIOR  BUT  FOR THEIR AGE WOULD BRING THEM WITHIN THE JURISDICTION OF
 THE FAMILY COURT PURSUANT TO ARTICLE  THREE  OF  THE  FAMILY  COURT  ACT
 PROVIDED PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-O OF THIS CHAPTER.

 S. 8163                             5
 
   § 12.  Article 6 of the social services law is amended by adding a new
 title 12-A to read as follows:
                                TITLE 12-A
                    SERVICES FOR CHILDREN UNDER TWELVE
 SECTION 458-O. SERVICES FOR CHILDREN UNDER TWELVE.
   § 458-O. SERVICES FOR CHILDREN UNDER TWELVE. 1. IN ORDER TO ENSURE THE
 SAFETY AND WELL-BEING OF CHILDREN UNDER TWELVE YEARS OF AGE WHOSE BEHAV-
 IOR  BUT  FOR  THEIR AGE WOULD BRING THEM WITHIN THE JURISDICTION OF THE
 FAMILY COURT PURSUANT TO ARTICLE THREE OF THE FAMILY COURT  ACT,  IT  IS
 THE  INTENT  OF  THE  LEGISLATURE  THAT  LOCAL SOCIAL SERVICES DISTRICTS
 PURSUE APPROPRIATE MEASURES TO SERVE AND PROTECT CHILDREN ONLY AS  NEED-
 ED,  AVOIDING  ANY  INTERVENTION  WHENEVER POSSIBLE, AND USING THE LEAST
 RESTRICTIVE SCHOOL-, HEALTH-, AND  COMMUNITY-BASED  SERVICES  AVAILABLE,
 INCLUDING,  BUT  NOT  LIMITED TO, THOSE AVAILABLE THROUGH FAMILY SUPPORT
 SERVICES PROGRAMS SET FORTH IN SECTION  FOUR  HUNDRED  FIFTY-EIGHT-M  OF
 THIS ARTICLE, THE DEPARTMENT OF HEALTH, THE OFFICE OF CHILDREN AND FAMI-
 LY  SERVICES,  THE  OFFICE  OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES   AND
 SUPPORTS,  AND  THE  DEPARTMENT  OF  EDUCATION.  IT IS THE INTENT OF THE
 LEGISLATURE THAT COUNTIES USE EXISTING FUNDING  FOR  BEHAVIORAL  HEALTH,
 MENTAL  HEALTH,  OR  OTHER AVAILABLE EXISTING FUNDING SOURCES TO PROVIDE
 THE SERVICES REQUIRED BY THIS SECTION.
   2.  THE LOCAL SOCIAL SERVICES COMMISSIONER MAY  WORK  WITH  LOCAL  LAW
 ENFORCEMENT  OFFICIALS  TO ENSURE THAT LAW ENFORCEMENT OFFICIALS WHO ARE
 LIKELY TO ENCOUNTER CHILDREN UNDER TWELVE YEARS OF  AGE  WHOSE  BEHAVIOR
 BUT FOR THEIR AGE WOULD BRING THEM WITHIN THE JURISDICTION OF THE FAMILY
 COURT PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT IN THE COURSE OF
 THEIR  LAW  ENFORCEMENT  DUTIES ARE TRAINED ABOUT THE PROVISIONS OF THIS
 SECTION AND HOW TO REFER SUCH CHILDREN AND THEIR FAMILIES TO APPROPRIATE
 SERVICES. LOCAL SOCIAL SERVICES  DISTRICTS  MAY  WORK  COOPERATIVELY  TO
 PROVIDE  SUCH  TRAINING  AND SUCH TRAINING MAY BE PROVIDED ON A REGIONAL
 BASIS.
   § 13. This act shall take effect immediately.

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Senate Bill S8163

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2019-S8163 (ACTIVE) - Details

2019-S8163 (ACTIVE) - Summary

2019-S8163 (ACTIVE) - Sponsor Memo

2019-S8163 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8163

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2019-S8163 (ACTIVE) - Details

2019-S8163 (ACTIVE) - Summary

2019-S8163 (ACTIVE) - Sponsor Memo

2019-S8163 (ACTIVE) - Bill Text download pdf

Comments