NY State Senate Bill S7033

Archive: Last Bill Status Via A7713 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 29, 2021	approval memo.158 signed chap.809
Dec 17, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.1587 substituted for s7033
Jun 09, 2021	substituted by a7713
Jun 07, 2021	ordered to third reading cal.1587 committee discharged and committed to rules
May 25, 2021	referred to codes

Votes

S7033 (ACTIVE) - Details

See Assembly Version of this Bill:: A7713
Law Section:: Penal Law
Laws Affected:: Amd §30.00, Pen L; amd §§220.10, 725.05 & 725.10, CP L
Versions Introduced in 2019-2020 Legislative Session:: S6402

S7033 (ACTIVE) - Summary

Relates to pleas of guilty and removal of adolescent offender proceedings to the family court.

S7033 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7033

SPONSOR: BRISPORT
 
TITLE OF BILL:

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

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.

Enactment in New York State of the "raise the age" statute ("RTA") has
resulted in a long-sought transformation of the treatment of older
adolescents in the justice system. See L. 2017, c.59, part www. Its
provisions for removing cases from the Youth Parts of superior courts to
Family Court provide an essential safety valve for 16-year olds and
17-year olds) who are charged with felonies as adolescent offenders in
the adult criminal justice system but who would more appropriately be
afforded the opportunity either for diversion (adjustment) without pros-
ecution or for treatment as juvenile delinquents. However, two aspects
of the removal provisions have caused confusion as the first phase of
implementation of the statute has been underway. This measure would

address these problems.

First, pleas of guilty in adolescent offender cases to reduced charges
constituting misdemeanors are deemed to be an exception to the infancy
defense and no explicit authority exists for these cases to be removed
to Family Court, notwithstanding the fact that all other misdemeanor
cases are treated as juvenile delinquency matters. See Penal Law §
30.00(3)(d)(ii). In contrast, verdicts for charges for which youth are
not criminally responsible in both adolescent and juvenile offender
cases must be removed to Family Court and pleas in juvenile offender
cases to such crimes may be subject to removal upon recommendation of
the district attorney. See CPL §§ 220.10((5)(g)(iii), 310.85(3), 330.25.
No justification exists for precluding removal solely for pleas in
adolescent offender cases and for automatically deeming such youth to be
criminally responsible.

This measure amends the infancy provision of the Penal Law to clarify
that an adolescent offender is criminally responsible for pleas to
reduced charges unless the matter is removed to Family Court. See Penal
Law § 30.00(3)(d)(ii). Additionally, the measure adds a new paragraph
(g-1) to Criminal Procedure Law § 220.10(5) to require that a plea by an
adolescent offender to a charge constituting a misdemeanor must be
replaced by an order of fact-finding of juvenile delinquency and must be
removed to the Family Court for disposition.  Where the plea is to a
felony, e.g., a felony for which different criteria for removal are
applicable as compared to the original charge, the matter may be consid-
ered for removal to Family Court in accordance with section 722.23 and
Article 725 of the Criminal Procedure Law.

Second, there has been considerable confusion over the apparent contra-
diction between the eligibility of adolescent offenders whose cases have
been removed to Family Court for consideration for adjustment, and the
mandates in sections 725.05 and 725.10 of the Criminal Procedure Law for
such youth to appear before the Family Court within ten days, and for a
Family Court juvenile delinquency proceeding to be commenced. Although
the RTA provides that "notwithstanding any other provision of law,"
eligible offenders are entitled to be considered for their suitability
for adjustment services after removal from a Youth Part (see CPL §§
722.21(4); 722.23(1)(g)), there is no corresponding amendment recogniz-
ing this entitlement in the removal provisions of the Criminal Procedure
Law that are cross-referenced in sections 722.21(2)(b) and 722.23(1)(a)
of the Criminal Procedure Law. Cf., CPL §§ 725.05(7), 725.10(1).

In order to effectuate the clear legislative intent of the RTA, this
measure makes technical, clarifying amendments to both sections 725.05
and 725.10 of the Criminal Procedure Law. The measure reconciles the
various provisions by clarifying that, in removing an adolescent offen-
der case to the Family Court, where the offender is statutorily eligible
for consideration for adjustment, the Youth Part judge should direct the
youth to the intake office of the local probation department for an
assessment of adjustment suitability without an appearance in Family
Court and without an actual Family Court juvenile delinquency case being
commenced. Youth who are in detention or in a sheriff's custody would be
required to appear before a Family Court judge "not later than the next
day the court is in session," but would nonetheless be brought to
probation for adjustment consideration if statutorily eligible. The
measure leaves intact, however, the provision requiring youths - includ-
ing, among others, juvenile offenders, who are ineligible for adjustment
- to appear in Family Court within ten days of removal. Likewise, it
retains the requirement for a detained youth to appear in Family Court
not later than the next day such court is in session, while nonetheless
underscoring that the fact that a juvenile is in detention "shall not
preclude the probation service from adjusting the case if the, juvenile
is otherwise eligible for adjustment." Nor does it affect the need for a
Family Court appearance by a juvenile, against whom a temporary, pre-
petition order of protection has been issued pursuant to Family Court
Act § 304.2(1).

Other than in a detention or temporary order of protection case, there-
fore, this measure will obviate the need for an appearance by the juve-
nile in Family Court unless and until it is necessary on the ground that
the juvenile's case has not been adjusted successfully and the present-
ment agency has elected to go forward with a juvenile delinquency
proceeding.

This measure, which would have no meaningful fiscal impact, would take
effect immediately.

 
2019-20 LEGISLATIVE HISTORY:

S6402 (Sen Montgomery) PASSED
OCA 13

S7033 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7033
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 25, 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 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10254-01-1

 S. 7033                             2
 
   § 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:
   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.

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The New York State Senate

senate Bill S7033

Sponsored By

Archive: Last Bill Status Via A7713 - Signed by Governor

Your Voice

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Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 7, 2021 - Rules committee Vote

Rules Committee Vote: Jun 7, 2021

S7033 (ACTIVE) - Details

S7033 (ACTIVE) - Summary

S7033 (ACTIVE) - Sponsor Memo

S7033 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7033

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Sponsored By

Jabari Brisport

Archive: Last Bill Status Via A7713 - Signed by Governor

Your Voice

Actions

Votes

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 7, 2021 - Rules committee Vote

Rules Committee Vote: Jun 7, 2021

S7033 (ACTIVE) - Details

S7033 (ACTIVE) - Summary

S7033 (ACTIVE) - Sponsor Memo

S7033 (ACTIVE) - Bill Text download pdf

Comments