Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Dec 29, 2021 |
signed chap.813 |
Dec 17, 2021 |
delivered to governor |
Jun 10, 2021 |
returned to senate passed assembly ordered to third reading rules cal.275 substituted for a7706 |
Jun 09, 2021 |
referred to codes delivered to assembly passed senate |
Jun 07, 2021 |
ordered to third reading cal.1602 |
Jun 04, 2021 |
referred to rules |
Senate Bill S7171
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D, WF) 25th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2021-S7171 (ACTIVE) - Details
2021-S7171 (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.
2021-S7171 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7171 SPONSOR: BRISPORT TITLE OF BILL: 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. This measure would amend sections 304.1, 350.1, 352.2 and 360.3 of the Family Court Act (FCA) to provide that 16- and 17-year olds may not be securely detained, may not be placed on probation and may not be placed out of their homes as a disposition. If granted a conditional discharge as a disposition in such a case, such a youth charged with a violation of the conditional discharge may not be subject to secure detention pending adjudication of the violation or placement upon a finding. Addi- tional conditions, e.g., restitution, community service or participation in a particular program may be added as conditions, but neither detention nor placement would be permissible consequences. The measure would also provide that in such a case, there would be a rebuttable
2021-S7171 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7171 2021-2022 Regular Sessions I N S E N A T E June 4, 2021 ___________ Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10256-02-1
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