S T A T E O F N E W Y O R K
________________________________________________________________________
6409
2023-2024 Regular Sessions
I N A S S E M B L Y
April 6, 2023
___________
Introduced by M. of A. BARCLAY, GANDOLFO, NORRIS, ANGELINO, WALSH, SMUL-
LEN, PALMESANO, DURSO, GALLAHAN, DeSTEFANO, HAWLEY, MORINELLO,
BENDETT, MANKTELOW, FLOOD, MCGOWAN, REILLY, GRAY, MIKULIN, TANNOUSIS,
TAGUE, SIMPSON, E. BROWN, SLATER, RA, BEEPHAN, NOVAKHOV, FRIEND,
BLUMENCRANZ, LEMONDES, J. M. GIGLIO, MILLER, BYRNES, K. BROWN,
J. A. GIGLIO, CURRAN, FITZPATRICK, MAHER -- read once and referred to
the Committee on Judiciary
AN ACT to amend the criminal procedure law and the family court act, in
relation to the use of records and information in the family court;
and to repeal certain provisions of the criminal procedure law relat-
ing thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (f) of subdivision 1 of section 722.23
of the criminal procedure law, as added by section 1-a of part WWW of
chapter 59 of the laws of 2017, are amended to read as follows:
(d) The court shall deny the motion to prevent removal of the action
in youth part unless the court makes a determination upon RECEIVING AND
CONSIDERING THE RECORDS AND INFORMATION ON FILE WITH THE FAMILY COURT
AND UPON such motion by the district attorney that [extraordinary] ONE
OR MORE circumstances exist that should prevent the transfer of the
action to family court INCLUDING, BUT NOT LIMITED TO:
(I) THE DEFENDANT CAUSED SERIOUS PHYSICAL INJURY OR DEATH TO A PERSON
OTHER THAN A PARTICIPANT IN THE OFFENSE; OR
(II) THE DEFENDANT DISPLAYED OR DISPLAYED WHAT APPEARED TO BE A
FIREARM, SHOTGUN, RIFLE OR DEADLY WEAPON AS DEFINED IN THE PENAL LAW IN
FURTHERANCE OF SUCH OFFENSE; OR
(III) THE DEFENDANT POSSESSED A FIREARM OR WEAPON AS PRESCRIBED IN
ARTICLE TWO HUNDRED SIXTY-FIVE OR ARTICLE FOUR HUNDRED NINETY OF THE
PENAL LAW; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10346-02-3
A. 6409 2
(IV) THE DEFENDANT UNLAWFULLY ENGAGED IN SEXUAL INTERCOURSE, ORAL
SEXUAL CONDUCT, ANAL SEXUAL CONDUCT OR SEXUAL CONTACT AS DEFINED IN
SECTION 130.00 OF THE PENAL LAW.
(f) For the purposes of this section, [there shall be a presumption
against custody and] case planning services shall be made available to
the defendant.
§ 2. Paragraphs (c), (d) and (e) of subdivision 2 of section 722.23 of
the criminal procedure law, as added by section 1-a of part WWW of chap-
ter 59 of the laws of 2017, are amended to read as follows:
(c) The court shall order the action to [proceed in accordance with
subdivision one of this section] REMAIN IN YOUTH PART unless, after
reviewing the papers and hearing from the parties, the court determines
in writing that [the district attorney proved by a preponderance of the
evidence one or more of the following as set forth in the accusatory
instrument:
(i) the defendant caused significant physical injury to a person other
than a participant in the offense; or
(ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
on as defined in the penal law in furtherance of such offense; or
(iii) the defendant unlawfully engaged in sexual intercourse, oral
sexual conduct, anal sexual conduct or sexual contact as defined in
section 130.00 of the penal law.
(d) Where the court makes a determination that the action shall not
proceed in accordance with subdivision one of this section, such] ALL
PARTIES AGREE THAT THE ACTION MAY BE REMOVED TO FAMILY COURT IN ACCORD-
ANCE WITH SUBDIVISION FIVE OF SECTION 722.21 OF THIS ARTICLE. SUCH
determination shall be made in writing [or] AND on the record and shall
include findings of fact and to the extent practicable conclusions of
law.
[(e)] (D) Nothing in this subdivision shall preclude, and the court
may order, the removal of an action to family court where all parties
agree or pursuant to this chapter.
§ 3. Section 725.15 of the criminal procedure law is REPEALED.
§ 4. Subdivision 4 of section 350.3 of the family court act, as added
by section 70-a of part WWW of chapter 59 of the laws of 2017, is
amended to read as follows:
4. The victim has the right to make a statement with regard to any
matter relevant to the question of disposition. If the victim chooses to
make a statement, such individual shall notify the court at least ten
days prior to the date of the dispositional hearing. The court shall
notify the respondent no less than seven days prior to the dispositional
hearing of the victim's intent to make a statement. The victim shall
[not] be made aware of the final disposition of the case.
§ 5. Section 381.2 of the family court act, as added by chapter 920 of
the laws of 1982 and subdivision 2 as amended by chapter 926 of the laws
of 1982, is amended to read as follows:
§ 381.2. Use of records in other courts. [1. Neither the fact that a
person was before the family court under this article for a hearing nor
any confession, admission or statement made by him to the court or to
any officer thereof in any stage of the proceeding is admissible as
evidence against him or his interests in any other court.
2. Notwithstanding the provisions of subdivision one, another] ANOTHER
court[, in imposing sentence upon an adult after conviction] may receive
and consider the records and information on file with the family court,
unless such records and information have been sealed pursuant to section
375.1.
A. 6409 3
§ 6. Paragraph (b) of subdivision 2 of section 381.3 of the family
court act, as amended by chapter 926 of the laws of 1982, is amended to
read as follows:
(b) if the respondent is subsequently convicted of a crime OR
ARRAIGNED PURSUANT TO SECTION 722.21 OF THE CRIMINAL PROCEDURE LAW, to a
judge of the court in which he was convicted, unless such record has
been sealed pursuant to section 375.1.
§ 7. Paragraph (g-1) of subdivision 5 of section 220.10 of the crimi-
nal procedure law, as added by chapter 809 of the laws of 2021, is
amended 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.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law.