S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7713
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M.  of  A. JACKSON -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  pleas  of  guilty  and  removal  of  adolescent offender
   proceedings to the family court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (d) of subdivision 3 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:
   (ii)  results  from reduction or dismissal in satisfaction of a charge
 for a felony offense, in accordance with a plea of  guilty  pursuant  to
 subdivision four of section 220.10 of the criminal procedure law, UNLESS
 THE  PROCEEDING  IS  REMOVED  TO  THE FAMILY COURT PURSUANT TO PARAGRAPH
 (G-1) OF SUBDIVISION FIVE OF SECTION 220.10 OF  THE  CRIMINAL  PROCEDURE
 LAW; or
   §  2. Subdivision 5 of section 220.10 of the criminal procedure law is
 amended by adding a new paragraph (g-1) to read as follows:
   (G-1) WHERE A DEFENDANT IS AN ADOLESCENT OFFENDER, THE  PROVISIONS  OF
 PARAGRAPHS  (A),  (B),  (C) AND (D) OF THIS SUBDIVISION SHALL NOT APPLY.
 WHERE THE PLEA IS TO AN OFFENSE CONSTITUTING  A  MISDEMEANOR,  THE  PLEA
 SHALL  BE  DEEMED  REPLACED  BY  AN  ORDER OF FACT-FINDING IN A JUVENILE
 DELINQUENCY PROCEEDING, PURSUANT TO SECTION 346.1 OF  THE  FAMILY  COURT
 ACT,  AND  THE ACTION SHALL BE REMOVED TO THE FAMILY COURT IN ACCORDANCE
 WITH ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER.  WHERE THE  PLEA
 IS  TO AN OFFENSE CONSTITUTING A FELONY, THE COURT MAY REMOVE THE ACTION
 TO THE FAMILY COURT IN ACCORDANCE WITH SECTION 722.23 AND ARTICLE  SEVEN
 HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   § 3. Subdivision 7 of section 725.05 of the criminal procedure law, as
 amended  by  chapter  223  of  the  laws  of 1990, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10254-01-1

 A. 7713                             2
 
   7. Whether or not a securing order has been made, the order of removal
 must specify a date certain within ten days from the date of  the  order
 of  removal for the defendant's appearance in the family court and where
 the defendant is in detention or in the custody of the sheriff that date
 must  be  not  later  than  the next day the family court is in session.
 UNLESS THE DEFENDANT IS IN DETENTION OR IS IN THE CUSTODY OF THE SHERIFF
 OR UNLESS THE ORDER  OF  REMOVAL  SPECIFIES  A  JUVENILE  OR  ADOLESCENT
 OFFENSE  FOR  WHICH  THE DEFENDANT IS NOT ELIGIBLE FOR CONSIDERATION FOR
 ADJUSTMENT UNDER SUBDIVISION THIRTEEN OF SECTION  308.1  OF  THE  FAMILY
 COURT  ACT, THE ORDER OF REMOVAL SHALL DIRECT THE DEFENDANT TO APPEAR AT
 THE FAMILY COURT INTAKE OFFICE OF THE COUNTY DEPARTMENT OF PROBATION FOR
 ADJUSTMENT CONSIDERATION; PROVIDED, HOWEVER, THAT PURSUANT  TO  SUBDIVI-
 SION  THREE  OF SECTION 308.1 OF THE FAMILY COURT ACT, THE FACT THAT THE
 DEFENDANT IS IN DETENTION OR IS IN THE CUSTODY OF THE SHERIFF SHALL  NOT
 PRECLUDE  THE PROBATION SERVICE FROM ADJUSTING THE CASE IF THE DEFENDANT
 IS OTHERWISE ELIGIBLE FOR ADJUSTMENT.
   § 4. Subdivision 1 of section 725.10 of the criminal procedure law, as
 amended by chapter 920 of the laws  of  1982,  is  amended  to  read  as
 follows:
   1.  [When] UNLESS THE DEFENDANT IS AN ADOLESCENT OFFENDER WHO HAS BEEN
 DIRECTED TO APPEAR AT THE FAMILY  COURT  INTAKE  OFFICE  OF  THE  COUNTY
 DEPARTMENT  OF PROBATION FOR ADJUSTMENT CONSIDERATION IN ACCORDANCE WITH
 SUBDIVISION SEVEN OF SECTION 725.05 OF THIS ARTICLE, WHEN  an  order  of
 removal is filed with the family court, a proceeding pursuant to article
 three  of  the  family  court act must be originated.   The family court
 thereupon must assume jurisdiction and proceed to render  such  judgment
 as  the  circumstances require, in the manner and to the extent provided
 by law.
   § 5. This act shall take effect immediately.