senate Bill S7033

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current 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

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

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

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