EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08217-04-2
A. 8739 2
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, SIXTEEN, OR SEVENTEEN 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 [or], fifteen, SIXTEEN, OR SEVENTEEN
years of age but only where there has been a prior finding by a court
that such person has previously 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 clause (i),
(ii) or (iii) of this subdivision regardless of the age of such person
at the time of the commission of the prior act; or (vi) other than a
misdemeanor, committed by a person at least [seven] TWELVE but less than
[sixteen] EIGHTEEN years of age, but only where there [has] HAVE been
two prior findings by the court that such person has committed a prior
act which, if committed by an adult, would be a felony:
§ 2. Subdivision 1 of section 301.2 of the family court act, as
amended by a chapter of the laws of 2021 amending the family court act,
the social services law and the executive law relating to raising the
lower age of juvenile delinquency jurisdiction from age seven to age
twelve and establishing differential response programs for children
under the age of twelve, as proposed in legislative bills numbers S.
4051-A and A. 4982-A, is amended to read as follows:
1. [(i)] "Juvenile delinquent" means a person [at least twelve] 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, or a violation, where
such violation is alleged to have occurred in the same transaction or
occurrence of the alleged criminal act, if committed by an adult, (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.
[(ii) Provided, however, if a person over the age of seven and less
than twelve years of age committed one of the following acts that would
constitute a crime if committed by an adult, such person shall still be
considered a juvenile delinquent for purposes of this article: (A)
aggravated criminally negligent homicide as defined in section 125.11 of
the penal law; (B) vehicular manslaughter in the second degree as
defined in section 125.12 of the penal law; (C) vehicular manslaughter
in the first degree as defined in section 125.13 of the penal law; (D)
aggravated vehicular homicide as defined in section 125.14 of the penal
law; (E) manslaughter in the second degree as defined in section 125.15
of the penal law; (F) manslaughter in the first degree as defined in
section 125.20 of the penal law; (G) aggravated manslaughter in the
second degree as defined in section 125.21 of the penal law; (H) aggra-
vated manslaughter in the first degree as defined in section 125.22 of
the penal law; (I) murder in the second degree as defined in section
125.25 of the penal law; (J) aggravated murder as defined in section
125.26 of the penal law; and (K) murder in the first degree as defined
in section 125.27 of the penal law.]
A. 8739 3
§ 3. Subdivision 1 of section 301.2 of the family court act, as sepa-
rately amended by section two of this act and a chapter of the laws of
2021 amending the family court act and the criminal procedure law
relating to juvenile delinquency charges of violations in the family
court, as proposed in legislative bills numbers S. 7171 and A. 7706,
is amended to read as follows:
1. "Juvenile delinquent" means:
(A)(I) a person [over seven] AT LEAST TWELVE 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]
(II) a person over sixteen and less than seventeen years of age or, a
person over sixteen and less than eighteen years of age commencing Octo-
ber first, two thousand nineteen[)], HAVING COMMITTED AN ACT THAT WOULD
CONSTITUTE 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[, and where such person: (a)]; OR
(III) A PERSON OVER THE AGE OF SEVEN AND LESS THAN TWELVE YEARS OF AGE
HAVING COMMITTED AN ACT THAT WOULD CONSTITUTE ONE OF THE FOLLOWING
CRIMES, IF COMMITTED BY AN ADULT: (A) AGGRAVATED CRIMINALLY NEGLIGENT
HOMICIDE AS DEFINED IN SECTION 125.11 OF THE PENAL LAW; (B) VEHICULAR
MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE
PENAL LAW; (C) VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN
SECTION 125.13 OF THE PENAL LAW; (D) AGGRAVATED VEHICULAR HOMICIDE AS
DEFINED IN SECTION 125.14 OF THE PENAL LAW; (E) MANSLAUGHTER IN THE
SECOND DEGREE AS DEFINED IN SECTION 125.15 OF THE PENAL LAW; (F)
MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.20 OF THE
PENAL LAW; (G) AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED
IN SECTION 125.21 OF THE PENAL LAW; (H) AGGRAVATED MANSLAUGHTER IN THE
FIRST DEGREE AS DEFINED IN SECTION 125.22 OF THE PENAL LAW; (I) MURDER
IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW; (J)
AGGRAVATED MURDER AS DEFINED IN SECTION 125.26 OF THE PENAL LAW; AND (K)
MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE PENAL
LAW; AND
(B) WHO IS:
(I) not criminally responsible for such conduct by reason of infan-
cy[,]; or
[(b) is] (II) the defendant in an action ordered removed from a crimi-
nal court to the family court pursuant to article seven hundred twenty-
five of the criminal procedure law.
§ 4. Subdivision 8 of section 301.2 of the family court act, as
amended by a chapter of the laws of 2021 amending the family court act,
the social services law and the executive law relating to raising the
lower age of juvenile delinquency jurisdiction from age seven to age
twelve and establishing differential response programs for children
under the age of twelve, as proposed in legislative bills numbers S.
4051-A and A. 4982-A, 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, sixteen, or seventeen
years of age; or such conduct committed as a sexually motivated felony,
where authorized pursuant to section 130.91 of the penal law; (ii)
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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); 130.70 (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 committed by a person
thirteen, fourteen, fifteen, sixteen, or 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, sixteen, or seventeen years of age; or such conduct committed
as a sexually motivated 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, SIXTEEN, OR SEVENTEEN
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, sixteen or 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 twelve but less than eighteen years of age, but only
where there have been two prior findings by the court that such person
has committed a prior ACT WHICH, IF COMMITTED BY AN ADULT, WOULD BE A
felony.
§ 5. Subdivision 3 of section 304.1 of the family court act, as
amended by a chapter of the laws of 2021 amending the family court act,
the social services law and the executive law relating to raising the
lower age of juvenile delinquency jurisdiction from age seven to age
twelve and establishing differential response programs for children
under the age of twelve, as proposed in legislative bills numbers S.
4051-A and A. 4982-A, is amended to read as follows:
3. The detention of a child under [thirteen] TEN years of age in a
secure detention facility shall not be directed under any of the
provisions of this article[, unless such child is at least ten years old
and is considered a juvenile delinquent pursuant to paragraph (ii) of
subdivision one of section 301.2 of this article].
§ 6. Subdivision 3 of section 304.1 of the family court act, as sepa-
rately amended by section five of this act and a chapter of the laws of
2021 amending the family court act, the social services law and the
executive law amending the family court act and the criminal procedure
law relating to juvenile delinquency charges of violations in the family
court, as proposed in legislative bills numbers S. 7171 and A. 7706,
is amended to read as follows:
A. 8739 5
3. The detention of a child under [ten] THIRTEEN years of age in a
secure detention facility shall not be directed, UNLESS SUCH CHILD IS AT
LEAST TEN YEARS OLD AND IS CONSIDERED A JUVENILE DELINQUENT PURSUANT TO
SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 301.2
OF THIS ARTICLE, nor shall the detention of a child adjudicated solely
for an act that would constitute a violation as defined in subdivision
three of section 10.00 of the penal law, be directed under any of the
provisions of this article.
§ 7. Paragraph (a) of subdivision 1 of section 409-a of the social
services law, as amended by a chapter of the laws of 2021 amending the
family court act, the social services law and the executive law relating
to raising the lower age of juvenile delinquency jurisdiction from age
seven to age twelve and establishing differential response programs for
children under the age of twelve, as proposed in legislative bills
numbers S. 4051-A and A. 4982-A, is amended to read as follows:
(a) A social services official shall provide preventive services to a
child and his or her family, in accordance with the family's service
plan as required by section four hundred nine-e of this chapter and the
social services district's child welfare services plan submitted and
approved pursuant to section four hundred nine-d of this chapter, upon a
finding by such official that (i) the child will be placed, returned to
or continued in foster care unless such services are provided and that
it is reasonable to believe that by providing such services the child
will be able to remain with or be returned to his or her family, and for
a former foster care youth under the age of twenty-one who was previous-
ly placed in the care and custody or custody and guardianship of the
local commissioner of social services or other officer, board or depart-
ment authorized to receive children as public charges where it is
reasonable to believe that by providing such services the former foster
care youth will avoid a return to foster care or (ii) the child is the
subject of a petition under article seven of the family court act or by
the probation service, to be at risk of being the subject of such a
petition, and the social services official determines that the child is
at risk of placement into foster care or (iii) the child is under the
age of twelve, the child does not fall under the definition of a juve-
nile delinquent pursuant to [paragraph (ii)] SUBPARAGRAPH (III) OF PARA-
GRAPH (A) of subdivision one of section 301.2 of the family court act
and but for their age, their behavior would bring them within the juris-
diction of the family court pursuant to article three of the family
court act, and the social services official determines that the child is
at risk of placement into foster care. Such finding shall be entered in
the child's uniform case record established and maintained pursuant to
section four hundred nine-f of this article. The commissioner shall
promulgate regulations to assist social services officials in making
determinations of eligibility for mandated preventive services pursuant
to this subparagraph.
§ 8. Subdivision 1 of section 458-m of the social services law, as
amended by a chapter of the laws of 2021 amending the family court act,
the social services law and the executive law relating to raising the
lower age of juvenile delinquency jurisdiction from age seven to age
twelve and establishing differential response programs for children
under the age of twelve, as proposed in legislative bills numbers S.
4051-A and A. 4982-A, is amended to read as follows:
1. As used in this title, the term "family support services programs"
shall mean a program established pursuant to this title to provide
community-based supportive services to children and families with the
A. 8739 6
goal of (i) preventing a child from being adjudicated a person in need
of supervision and help prevent the out of home placements of such youth
or (ii) preventing a petition from being filed under article seven of
the family court act, or (iii) [to help reduce] REDUCING future inter-
action with the juvenile justice [and/or] OR child welfare [system]
SYSTEMS for children under twelve years of age[,] who do not fall under
the definition of juvenile delinquent pursuant to [paragraph (ii)]
SUBPARAGRAPH (III) OF PARAGRAPH (A) of subdivision one of section 301.2
of the family court act and whose behavior, but for their age would
bring them within the jurisdiction of the family court pursuant to arti-
cle three of the family court act.
§ 9. Subdivision 1 of section 458-o of the social services law, as
added by a chapter of the laws of 2021 amending the family court act,
the social services law and the executive law relating to raising the
lower age of juvenile delinquency jurisdiction from age seven to age
twelve and establishing differential response programs for children
under the age of twelve, as proposed in legislative bills numbers S.
4051-A and A. 4982-A, is amended to read as follows:
1. Each local social services district, upon the approval of the
office of children and family services, shall establish a program that
implements differential responses to provide services to children under
twelve years of age, who do not fall under the definition of juvenile
delinquent pursuant to [paragraph (ii)] SUBPARAGRAPH (III) OF PARAGRAPH
(A) of subdivision one of section 301.2 of the family court act and
whose behavior, but for their age, would bring them within the jurisdic-
tion of the family court pursuant to article three of the family court
act. Such programs shall establish and utilize appropriate assessments
and services for youth, in order to help reduce future interaction with
the juvenile justice and/or child welfare systems. Such assessments
shall be used to determine what, if any, services are needed, and such
services shall utilize the least restrictive intervention protocols
available. Notwithstanding any other provision of law to the contrary,
the provisions of this section shall apply only to those cases involving
children under twelve years of age, who do not fall under the definition
of juvenile delinquent pursuant to [paragraph (ii)] SUBPARAGRAPH (III)
OF PARAGRAPH (A) of subdivision one of section 301.2 of the family court
act and whose behavior, but for their age, would bring them within the
jurisdiction of the family court pursuant to article three of the family
court act.
§ 10. Subdivision 4 of section 502 of the executive law, as amended by
a chapter of the laws of 2021 amending the family court act, the social
services law and the executive law relating to raising the lower age of
juvenile delinquency jurisdiction from age seven to age twelve and
establishing differential response programs for children under the age
of twelve, as proposed in legislative bills numbers S. 4051-A and A.
4982-A, is amended to read as follows:
4. For purposes of this article, the term "youth" shall mean a person
not less than twelve years of age and not more than twenty-two years of
age, unless such youth is over the age of seven and less than twelve
years and [is considered] IS ALLEGED TO BE OR ADJUDICATED a juvenile
delinquent, AS APPLICABLE, pursuant to [paragraph (ii)] SUBPARAGRAPH
(III) OF PARAGRAPH (A) of subdivision one of section 301.2 of the family
court act.
§ 11. Paragraph (a) of subdivision 2 of section 507-a of the executive
law, as amended by a chapter of the laws of 2021 amending the family
court act, the social services law and the executive law relating to
A. 8739 7
raising the lower age of juvenile delinquency jurisdiction from age
seven to age twelve and establishing differential response programs for
children under the age of twelve, as proposed in legislative bills
numbers S. 4051-A and A. 4982-A, is amended to read as follows:
(a) Consistent with other provisions of law, only those youth who have
reached the age of twelve but who have not reached the age of twenty-
one, unless such youth is over the age of seven and less than twelve
years of age and [is considered] HAS BEEN ADJUDICATED a juvenile delin-
quent pursuant to [paragraph (ii)] SUBPARAGRAPH (III) OF PARAGRAPH (A)
of subdivision one of section 301.2 of the family court act, may be
placed in the custody of the office of children and family services.
Except as provided for in paragraph (a-1) of this subdivision, no youth
who has reached the age of twenty-one may remain in custody of the
office of children and family services.
§ 12. Paragraph (j) of subdivision 1 of section 840 of the executive
law, as amended by a chapter of the laws of 2021 amending the family
court act, the social services law and the executive law relating to
raising the lower age of juvenile delinquency jurisdiction from age
seven to age twelve and establishing differential response programs for
children under the age of twelve, as proposed in legislative bills
numbers S. 4051-A and A. 4982-A, is amended to read as follows:
(j) (1) Development, maintenance and dissemination of written policies
and procedures pursuant to title six of article six of the social
services law and applicable provisions of article ten of the family
court act, regarding the mandatory reporting of child abuse or neglect,
reporting procedures and obligations of persons required to report,
provisions for taking a child into protective custody, mandatory report-
ing of deaths, immunity from liability, penalties for failure to report
and obligations for the provision of services and procedures necessary
to safeguard the life or health of the child; (2) establishment and
implementation on an ongoing basis, of a training program for all
current and new police officers regarding the policies and procedures
established pursuant to this paragraph; and (3) establishment of a
training program for police officers whose main responsibilities are
juveniles and the laws pertaining thereto, including children under
twelve years of age who do not fall under the definition of juvenile
delinquent pursuant to [paragraph (ii)] SUBPARAGRAPH (III) OF PARAGRAPH
(A) of subdivision one of section 301.2 of the family court act and
whose behavior, but for their age would bring them within the jurisdic-
tion of the family court pursuant to article three of the family court
act, which training program shall be successfully completed before such
officers are accredited pursuant to section eight hundred forty-six-h of
this chapter.
§ 13. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the family court act,
the social services law and the executive law relating to raising the
lower age of juvenile delinquency jurisdiction from age seven to age
twelve and establishing differential response programs for children
under the age of twelve, as proposed in legislative bills numbers S.
4051-A and A. 4982-A, takes effect; provided, however, that the amend-
ments to subparagraph (ii) of paragraph (a) of subdivision 1 of section
409-a of the social services law made by section seven of this act shall
not affect the expiration of such subparagraph and shall be deemed to
expire therewith.