Do you support this bill?

Assembly Bill A9254

2021-2022 Legislative Session

Prohibits removal of adolescent offenders to family court in certain circumstances

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2021-A9254 (ACTIVE) - Details

See Senate Version of this Bill:
S8307
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §722.23, CP L
Versions Introduced in Other Legislative Sessions:
2023-2024: A3167
2025-2026: A4161

2021-A9254 (ACTIVE) - Summary

Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.

2021-A9254 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9254
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to prohibiting
   removal of adolescent  offenders to family court  in  certain  circum-
   stances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (c) of subdivision 2 of  section  722.23  of  the
 criminal procedure law, as amended by section 1-a of part WWW of chapter
 59 of the laws of 2017, is amended to read as follows:
   (c)  The  court  shall  order the action to proceed in accordance with
 subdivision one of this section unless, after reviewing the  papers  and
 hearing  from  the  parties,  the  court  determines in writing that the
 district attorney proved by a preponderance of the evidence one or  more
 of the following as set forth in the accusatory instrument:
   (i) the defendant caused significant physical injury to a person other
 than a participant in the offense; or
   (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
 on as defined in the penal law in furtherance of such offense; or
   (iii)  THE DEFENDANT POSSESSED A LOADED FIREARM AS DEFINED IN SUBDIVI-
 SION FIFTEEN OF SECTION 265.00 OF THE PENAL LAW DURING THE COMMISSION OF
 THE OFFENSE; OR
   (IV) the defendant unlawfully  engaged  in  sexual  intercourse,  oral
 sexual  conduct,  anal  sexual  conduct  or sexual contact as defined in
 section 130.00 of the penal law.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14428-01-2

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.