Senate Bill S7171

Signed By Governor
2021-2022 Legislative Session

Relates to juvenile delinquency charges of violations in the family court

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2021-S7171 (ACTIVE) - Details

See Assembly Version of this Bill:
A7706
Law Section:
Family Court Act
Laws Affected:
Amd Fam Ct Act, generally; amd §510.15, CP L
Versions Introduced in 2019-2020 Legislative Session:
A8090

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

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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