NY State Assembly Bill 2021-A8315

Assembly Bill A8315

2021-2022 Legislative Session

Expands juvenile offender status to include certain sex offenses committed by persons 13, 14 or 15 years of age

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Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Oct 20, 2021	referred to codes

2021-A8315 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 190.71, CP L; amd §§10.00 & 30.00, Pen L; amd §301.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5122
2011-2012: A1703
2013-2014: A6010
2015-2016: A5288
2017-2018: A4852
2019-2020: A5703
2023-2024: A2684

2021-A8315 (ACTIVE) - Summary

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

2021-A8315 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8315
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. M. GIGLIO -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, the penal law and the family
   court act, in  relation  to  providing  juvenile  offender  status  to
   persons  thirteen, fourteen or fifteen years of age who have committed
   certain sex offenses

   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 (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[,];  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); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FIRST  DEGREE) 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 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);
 SECTION  130.66  (AGGRAVATED  SEXUAL ABUSE IN THE THIRD DEGREE); SECTION
 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND  DEGREE);  130.70  (aggra-
 vated  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13275-01-1
 A. 8315                             2
 
 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. Subdivision (a) of section 190.71 of the criminal procedure  law,
 as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
 follows:
   (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);  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); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FIRST  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  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 responsible; 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); SECTION 130.66 (AGGRA-
 VATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION  130.67  (AGGRAVATED
 SEXUAL  ABUSE  IN THE SECOND 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.
   §  3.  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 (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; 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);  SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
 FIRST DEGREE) OF THIS CHAPTER; or such conduct as a  sexually  motivated
 felony,  where  authorized pursuant to section 130.91 of [the penal law]
 THIS CHAPTER; and
 A. 8315                             3
 
   (2) a person fourteen or fifteen years old who is criminally responsi-
 ble 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); SECTION
 130.66  (AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67
 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
 al 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] THIS CHAPTER.
   §  4.   Subdivision 2 of section 30.00 of the penal law, as amended by
 section 38 of part WWW of chapter 59 of the laws of 2017, is amended  to
 read as follows:
   2.  A person thirteen, fourteen or, fifteen 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 underlying crime for the murder charge
 is  one  for  which  such  person  is criminally responsible or for such
 conduct as a sexually motivated felony,  where  authorized  pursuant  to
 section  130.91  of  this  chapter;    A PERSON THIRTEEN YEARS OF AGE IS
 CRIMINALLY RESPONSIBLE FOR  ACTS  CONSTITUTING  THE  CRIMES  DEFINED  IN
 SUBDIVISIONS  ONE  AND  TWO OF SECTION 130.25(RAPE IN THE FIRST DEGREE);
 SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT  IN  THE
 FIRST  DEGREE); AND SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
 DEGREE) OF THIS CHAPTER; and a person fourteen or, fifteen 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); SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);
 SECTION  130.67  (AGGRAVATED  SEXUAL ABUSE IN THE SECOND 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
 A. 8315                             4
 
 as  a  sexually  motivated  felony, where authorized pursuant to section
 130.91 of this chapter.
   §  5.  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 author-
 ized 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); 130.66 (AGGRAVATED SEXUAL ABUSE IN THE
 THIRD DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN  THE  SECOND  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 commit-
 ted  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; (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,
 fifteen, or sixteen, or commencing October first, two thousand nineteen,
 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; (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 Octo-
 ber first, two thousand nineteen, seventeen years of age but only  where
 there has been a prior finding by a court that such person has previous-
 ly  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 October first, two thousand nineteen, a person at least seven
 but less than eighteen years of age, but only where there has  been  two
 prior findings by the court that such person has committed a prior felo-
 ny.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Assembly Bill A8315

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Sponsored By

GIGLIO JM

Archive: Last Bill Status - In Assembly Committee

2021-A8315 (ACTIVE) - Details

2021-A8315 (ACTIVE) - Summary

2021-A8315 (ACTIVE) - Bill Text download pdf

Comments