(B) FOR OFFENSES COMMITTED UNDER SECTION 265.01-A OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(C) FOR OFFENSES COMMITTED UNDER SECTION 265.01-B OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(D) FOR OFFENSES COMMITTED UNDER SECTION 265.01-C OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
(E) FOR OFFENSES COMMITTED UNDER SECTION 265.01-D OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(F) FOR OFFENSES COMMITTED UNDER SECTION 265.01-E OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(G) FOR OFFENSES COMMITTED UNDER SECTION 265.02 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
(H) FOR OFFENSES COMMITTED UNDER SECTION 265.03 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
(I) FOR OFFENSES COMMITTED UNDER SECTION 265.04 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
(J) FOR OFFENSES COMMITTED UNDER SECTION 265.06 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A MISDEMEANOR;
(K) FOR OFFENSES COMMITTED UNDER SECTION 265.07 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(L) FOR OFFENSES COMMITTED UNDER SECTION 265.08 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
(M) FOR OFFENSES COMMITTED UNDER SECTION 265.09 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
(N) (1) FOR OFFENSES COMMITTED UNDER SUBDIVISION ONE, TWO, OR THREE OF
SECTION 265.10 OF THIS CHAPTER RELATING TO THE MANUFACTURE, TRANSPORT,
SHIPPING, OR DISPOSING OF A MACHINE-GUN, ASSAULT WEAPON, LARGE CAPACITY
AMMUNITION FEEDING DEVICE OR DISGUISED GUN, OR THE TRANSPORTING, SHIP-
PING OR DISPOSING OF A FIREARM SILENCER, THE SENTENCE SHALL REFLECT A
CLASS C FELONY;
(2) FOR OFFENSES COMMITTED UNDER SUBDIVISION ONE, TWO, OR THREE OF
SECTION 265.10 OF THIS CHAPTER RELATING TO A RAPID-FIRE MODIFICATION
DEVICE, THE SENTENCE SHALL REFLECT A CLASS D FELONY;
(3) FOR OFFENSES COMMITTED UNDER SUBDIVISION THREE OF SECTION 265.10
OF THIS CHAPTER RELATING TO KNOWINGLY BUYING, RECEIVING, DISPOSING OF OR
CONCEALING A MACHINE-GUN, FIREARM, LARGE CAPACITY FEEDING DEVICE, RIFLE
OR SHOTGUN WHICH HAS BEEN DEFACED FOR THE PURPOSE OF CONCEALMENT OR
PREVENTION OF THE DETECTION OF A CRIME OR MISREPRESENTING SUCH MACHINE-
GUN, FIREARM, LARGE CAPACITY AMMUNITION FEEDING DEVICE, RIFLE OR SHOT-
GUN, THE SENTENCE SHALL REFLECT A CLASS C FELONY;
(4) FOR OFFENSES COMMITTED UNDER SUBDIVISION FOUR OF SECTION 265.10 OF
THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY AND A CLASS C
FELONY IF THEY HAVE PREVIOUSLY BEEN CONVICTED OF ANY CRIME;
(5) FOR OFFENSES COMMITTED UNDER SUBDIVISION FIVE OR SEVEN OF SECTION
265.10 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY;
(6) FOR OFFENSES COMMITTED UNDER SUBDIVISION SIX OF SECTION 265.10 OF
THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY;
(7) FOR OFFENSES COMMITTED UNDER SUBDIVISION EIGHT OF SECTION 265.10
OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY;
(O) FOR OFFENSES COMMITTED UNDER SECTION 265.11 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
(P) FOR OFFENSES COMMITTED UNDER SECTION 265.12 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
(Q) FOR OFFENSES COMMITTED UNDER SECTION 265.13 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
S. 7699 3
(R) FOR OFFENSES COMMITTED UNDER SECTION 265.14 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
(S) FOR OFFENSES COMMITTED UNDER SECTION 265.16 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
(T) FOR OFFENSES COMMITTED UNDER SECTION 265.17 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
(U) FOR OFFENSES COMMITTED UNDER SECTION 265.19 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
(V) FOR OFFENSES COMMITTED UNDER SECTION 265.25 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
(W) FOR OFFENSES COMMITTED UNDER SECTION 265.26 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
(X) (1) FOR OFFENSES COMMITTED UNDER SUBDIVISION ONE OR THREE OF
SECTION 265.35 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E
FELONY;
(2) FOR OFFENSES COMMITTED UNDER SUBDIVISION TWO OF SECTION 265.35 OF
THIS CHAPTER WHERE THE SAFETY OF A PERSON IS ENDANGERED, THE SENTENCE
SHALL REFLECT A CLASS C FELONY AND FOR EVERY OTHER CASE THE SENTENCE
SHALL REFLECT A CLASS D FELONY;
(Y) FOR OFFENSES COMMITTED UNDER SECTION 265.37 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR FOR A FIRST OFFENSE AND A
CLASS E FELONY FOR A SECOND OR SUBSEQUENT OFFENSE;
(Z) FOR OFFENSES COMMITTED UNDER SECTION 265.38 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
(AA) FOR OFFENSES COMMITTED UNDER SECTION 265.45 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
(BB) FOR OFFENSES COMMITTED UNDER SECTION 265.50 OF THIS CHAPTER
RELATING TO THE CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECT-
ABLE FIREARM, RIFLE OR SHOTGUN, THE SENTENCE SHALL REFLECT A CLASS C
FELONY;
(CC) FOR OFFENSES COMMITTED UNDER SECTION 265.50 OF THIS CHAPTER
RELATING TO FAILURE TO SAFELY STORE RIFLES, SHOTGUNS AND FIREARMS IN THE
SECOND DEGREE, THE SENTENCE SHALL REFLECT A MISDEMEANOR;
(DD) FOR OFFENSES COMMITTED UNDER SECTION 265.55 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(EE) FOR OFFENSES COMMITTED UNDER SECTION 265.60 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(FF) FOR OFFENSES COMMITTED UNDER SECTION 265.61 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
(GG) FOR OFFENSES COMMITTED UNDER SECTION 265.63 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
(HH) FOR OFFENSES COMMITTED UNDER SECTION 265.64 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
(II) FOR OFFENSES COMMITTED UNDER SECTION 265.65 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY; AND
(JJ) FOR OFFENSES COMMITTED UNDER SECTION 265.66 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY.
§ 2. Subdivision 3 of section 380.1 of the family court act, as
amended by chapter 181 of the laws of 2000, is amended to read as
follows:
3. Except where specifically required by statute, no person shall be
required to divulge information pertaining to the arrest of the respond-
ent or any subsequent proceeding under this article; provided, however,
whenever a person adjudicated a juvenile delinquent [has been placed
with the office of children and family services pursuant to section
353.3 of this article, and] is [thereafter] enrolled as a student in a
S. 7699 4
public or private elementary or secondary school, the court that has
adjudicated such person shall provide notification of such adjudication
AND PROVIDE RECORDS RELATED TO SUCH ADJUDICATION NECESSARY TO ASCERTAIN
THE NATURE OF THE CONDUCT LEADING TO THE ADJUDICATION INCLUDING BUT NOT
LIMITED TO DELINQUENCY PETITIONS, ORDERS OF THE FAMILY COURT PURSUANT TO
SECTIONS 352.1 AND 352.2 OF THIS ARTICLE AND PROBATIONS REPORTS, to the
designated educational official of the school in which such person is
enrolled as a student. Such notification shall be used by the designated
educational official only for purposes related to the execution of the
student's educational plan, where applicable, successful school adjust-
ment, DEVELOPING A SAFETY PLAN TO ENSURE SUCH STUDENT DOES NOT CREATE A
RISK FOR THE COMMUNITY, and reentry into the community. Such notifica-
tion shall be kept separate and apart from such student's school records
and shall be accessible only by the designated educational official.
Such notification shall not be part of such student's permanent school
record and shall not be appended to or included in any documentation
regarding such student and shall be destroyed at such time as such
student is no longer enrolled in the school district. At no time shall
such notification be used for any purpose other than those specified in
this subdivision. AN ORDER BY THE FAMILY COURT TO SEAL RECORDS PURSUANT
TO SECTION 375.2 OR EXPUNGE RECORDS PURSUANT TO SECTION 375.3 OF THIS
ARTICLE SHALL NOT IMPACT THE OBLIGATION OF THE FAMILY COURT TO PROVIDE
SUCH NOTIFICATION AND RECORDS.
§ 3. Section 381.3 of the family court act is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, POLICE RECORDS RELATING
TO THE ARREST AND DISPOSITION OF ANY PERSON UNDER THIS ARTICLE SHALL BE
ACCESSIBLE BY LAW ENFORCEMENT AND THE DESIGNATED EDUCATIONAL OFFICIAL OF
ANY PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL WHERE SUCH PERSON
IS ENROLLED.
§ 4. Subdivisions 2 and 3 of section 720.35 of the criminal procedure
law, subdivision 2 as amended by section 87 of subpart B of part C of
chapter 62 of the laws of 2011 and subdivision 3 as added by chapter 181
of the laws of 2000, are amended to read as follows:
2. Except where specifically required or permitted by statute or upon
specific authorization of the court, all official records and papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated a youthful offender, are confidential and may not be made
available to any person or public or private agency, other than the
designated educational official of the public or private elementary or
secondary school in which the youth is enrolled as a student [provided
that such local educational official shall only have made available a
notice of such adjudication and shall not have access to any other offi-
cial records and papers], such youth or such youth's designated agent
(but only where the official records and papers sought are on file with
a court and request therefor is made to that court or to a clerk there-
of), LAW ENFORCEMENT FOR THE PURPOSE OF INVESTIGATING AND PROSECUTING
CRIMES SUBSEQUENTLY COMMITTED BY THE YOUTHFUL OFFENDER, an institution
to which such youth has been committed, the department of corrections
and community supervision and a probation department of this state that
requires such official records and papers for the purpose of carrying
out duties specifically authorized by law; provided, however, that
information regarding an order of protection or temporary order of
protection issued pursuant to section 530.12 of this [chapter] PART or a
warrant issued in connection therewith may be maintained on the state-
S. 7699 5
wide automated order of protection and warrant registry established
pursuant to section two hundred twenty-one-a of the executive law during
the period that such order of protection or temporary order of
protection is in full force and effect or during which such warrant may
be executed. Such confidential information may be made available pursu-
ant to law only for purposes of adjudicating or enforcing such order of
protection or temporary order of protection and, where provided to a
designated educational official, as defined in section 380.90 of this
chapter, for purposes related to the execution of the student's educa-
tional plan, where applicable, successful school adjustment, DEVELOPING
A SAFETY PLAN TO ENSURE SUCH STUDENT DOES NOT CREATE A SAFETY RISK FOR
THE COMMUNITY, and reentry into the community. Such notification shall
be kept separate and apart from such student's school records and shall
be accessible only by the designated educational official. Such notifi-
cation shall not be part of such student's permanent school record and
shall not be appended to or included in any documentation regarding such
student and shall be destroyed at such time as such student is no longer
enrolled in the school district. At no time shall such notification be
used for any purpose other than those specified in this subdivision.
3. If a youth who has been adjudicated a youthful offender is enrolled
as a student in a public or private elementary or secondary school the
court that has adjudicated the youth as a youthful offender shall
provide notification of such adjudication AND PROVIDE RECORDS RELATED TO
SUCH ADJUDICATION NECESSARY TO ASCERTAIN THE NATURE OF THE CONDUCT LEAD-
ING TO THE CONVICTION AND ADJUDICATION OF THE YOUTH, INCLUDING BUT NOT
LIMITED TO ACCUSATORY INSTRUMENTS, CERTIFICATES OF DISPOSITION, AND
PROBATION REPORTS, to the designated educational official of the school
in which such youth is enrolled as a student. Such notification shall
be used by the designated educational official only for purposes related
to the execution of the student's educational plan, where applicable,
successful school adjustment, DEVELOPING A SAFETY PLAN TO ENSURE SUCH
STUDENT DOES NOT CREATE A RISK FOR THE COMMUNITY, and reentry into the
community. Such notification shall be kept separate and apart from such
student's school records and shall be accessible only by the designated
educational official. Such notification shall not be part of such
student's permanent school record and shall not be appended to or
included in any documentation regarding such student and shall be
destroyed at such time as such student is no longer enrolled in the
school district. At no time shall such notification be used for any
purpose other than those specified in this subdivision.
§ 5. Section 720.15 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE AN ELIGIBLE YOUTH
IS CHARGED WITH AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-FIVE OF
THE PENAL LAW WHERE ALLEGATIONS INVOLVE THE USE, POSSESSION OR SALE OF A
FIREARM, THE ARRESTING AGENCY IS AUTHORIZED TO RELEASE TO THE PUBLIC
IDENTIFYING INFORMATION INCLUDING THE NAME AND BOOKING PHOTOGRAPH OF THE
YOUTH.
§ 6. Section 212 of the retirement and social security law is amended
by adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, SUCH ANNUAL EARNINGS LIMITATIONS FOR A RETIRED POLICE OFFICER
EMPLOYED BY A SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE AS A SCHOOL
RESOURCE OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY
OTHER SUBSTANTIALLY SIMILAR POSITION OR OFFICE THAT IS DESIGNED TO
S. 7699 6
PROVIDE SAFETY AND/OR SECURITY ON SCHOOL GROUNDS, PROVIDED THAT SUCH
RETIRED POLICE OFFICER IS DULY QUALIFIED, COMPETENT AND PHYSICALLY FIT
FOR PERFORMANCE OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE IS TO
BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES AND IS PROPERLY CERTIFIED WHERE SUCH CERTIFICATION
IS REQUIRED, SHALL BE FIFTY THOUSAND DOLLARS FOR THE YEAR TWO THOUSAND
TWENTY-FOUR AND THEREAFTER.
§ 7. Paragraphs (i) and (j) of subdivision 1 of section 510.10 of the
criminal procedure law, as added by section 1 of subpart C of part UU of
chapter 56 of the laws of 2022, are amended and a new paragraph (k) is
added to read as follows:
(i) Whether the charge is alleged to have caused serious harm to an
individual or group of individuals; [and]
(j) If the principal is a defendant, in the case of an application for
a securing order pending appeal, the merit or lack of merit of the
appeal[.]; AND
(K) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
MORE IDENTIFIABLE TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
ING, BUT NOT LIMITED TO:
(I) RESIDENCE;
(II) EMPLOYMENT;
(III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
(IV) IMMEDIATE FAMILY.
§ 8. Subdivision 2 of section 6342 of the civil practice law and
rules, as added by chapter 19 of the laws of 2019, is amended to read as
follows:
2. (A) In determining whether grounds for a temporary extreme risk
protection order exist, the court shall consider any relevant factors
including, but not limited to, the following acts of the respondent:
[(a)] (I) a threat or act of violence or use of physical force
directed toward self, the petitioner, or another person;
[(b)] (II) a violation or alleged violation of an order of protection;
[(c)] (III) any pending charge or conviction for an offense involving
the use of a weapon;
[(d)] (IV) the reckless use, display or brandishing of a firearm,
rifle or shotgun;
[(e)] (V) any history of a violation of an extreme risk protection
order;
[(f)] (VI) evidence of recent or ongoing abuse of controlled
substances or alcohol; or
[(g)] (VII) evidence of recent acquisition of a firearm, rifle, shot-
gun or other deadly weapon or dangerous instrument, or any ammunition
therefor.
(B) In considering the factors under this subdivision, the court shall
consider:
(I) the time that has elapsed since the occurrence of such act or acts
[and];
(II) the age of the person at the time of the occurrence of such act
or acts; AND
(III) THE COMMUNITY SAFETY AND WELL-BEING OF ALL RESIDENTS OF THE
STATE.
(C) THE COURT SHALL USE ANY MENTAL HEALTH EVALUATIONS THE RESPONDENT
HAS UNDERGONE WHEN MAKING A CONSIDERATION REGARDING THE COMMUNITY SAFETY
AND WELL-BEING OF ALL RESIDENTS OF THE STATE.
(D) For the purposes of this subdivision, "recent" means within the
six months prior to the date the petition was filed.
S. 7699 7
§ 9. The criminal procedure law is amended by adding a new section
510.55 to read as follows:
§ 510.55 PRETRIAL DETENTION; COMMUNITY SAFETY AND WELL-BEING HEARING.
1. WHEN A PRINCIPAL, WHOSE FUTURE COURT ATTENDANCE AT A CRIMINAL
ACTION OR PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A
COURT, THE PEOPLE MAY MAKE A MOTION SEEKING PRETRIAL DETENTION DUE TO
THE MENTAL HEALTH OF THE PRINCIPAL. THE PEOPLE MAY SEEK THE PRETRIAL
DETENTION OF A PRINCIPAL:
(A) CHARGED WITH A FELONY THAT INVOLVES THE USE, ATTEMPTED USE OR
THREATENED USE OF PHYSICAL FORCE AGAINST THE PERSON OF ANOTHER OR ANY
OTHER FELONY THAT, BY ITS NATURE, INVOLVES A SUBSTANTIAL RISK THAT PHYS-
ICAL FORCE AGAINST THE PERSON OF ANOTHER MAY RESULT;
(B) CHARGED WITH A MISDEMEANOR OR FELONY WHICH HAS AS AN ELEMENT THE
VIOLATION OF A COURT ORDER;
(C) CHARGED WITH A MISDEMEANOR OR FELONY WHERE THE VICTIM WAS
SUBJECTED TO PHYSICAL, SEXUAL OR PSYCHOLOGICAL ABUSE INFLICTED BY A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS SUCH TERM IS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, AS THE APPLICANT;
(D) CHARGED WITH AN OFFENSE FOR WHICH A MINIMUM TERM OF THREE YEARS OR
MORE IS PRESCRIBED;
(E) CHARGED WITH INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE
AS DEFINED IN SECTION 215.17 OF THE PENAL LAW, INTIMIDATING A VICTIM OR
WITNESS IN THE SECOND DEGREE AS DEFINED IN SECTION 215.16 OF THE PENAL
LAW, OR INTIMIDATING A VICTIM OR WITNESS IN THE THIRD DEGREE AS DEFINED
IN SECTION 215.15 OF THE PENAL LAW;
(F) CHARGED WITH A THIRD OR SUBSEQUENT VIOLATION OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW WITHIN TEN YEARS;
(G) CHARGED WITH A FELONY WHICH HAS AS AN ELEMENT THE USE, ATTEMPTED
USE OR THREATENED USE OF PHYSICAL FORCE OR A DEADLY WEAPON AGAINST THE
PERSON OF ANOTHER;
(H) CHARGED WITH BURGLARY IN THE FIRST DEGREE AS DEFINED IN SECTION
140.30 OF THE PENAL LAW, BURGLARY IN THE SECOND DEGREE AS DEFINED IN
SECTION 140.25 OF THE PENAL LAW, OR BURGLARY IN THE THIRD DEGREE AS
DEFINED IN SECTION 140.20 OF THE PENAL LAW, GRAND LARCENY IN THE SECOND
DEGREE AS DEFINED IN SECTION 155.40 OF THE PENAL LAW, OR GRAND LARCENY
IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30 OF THE PENAL LAW;
(I) CHARGED UNDER ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW;
(J) CHARGED WITH KIDNAPPING IN THE FIRST DEGREE AS DEFINED IN SECTION
135.25 OF THE PENAL LAW OR KIDNAPPING IN THE SECOND DEGREE AS DEFINED IN
SECTION 135.20 OF THE PENAL LAW;
(K) CHARGED WITH A CRIME WHICH INVOLVED THE USE OF EXPLOSIVES;
(L) OTHERWISE INVOLVES CONDUCT THAT PRESENTS A SERIOUS RISK OF PHYS-
ICAL INJURY TO ANOTHER FOR WHICH A TERM OF IMPRISONMENT WAS SERVED AND
ARRESTED AND CHARGED WITH A SECOND OR SUBSEQUENT OFFENSE UNDER ARTICLE
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW; OR
(M) CHARGED WITH A FELONY UNDER ARTICLE TWENTY-SIX OF THE AGRICULTURE
AND MARKETS LAW.
2. (A) UPON THE APPEARANCE OF THE PRINCIPAL CHARGED WITH AN OFFENSE
LISTED IN SUBDIVISION ONE OF THIS SECTION BEFORE A SUPREME COURT OR
DISTRICT COURT JUDGE AND UPON THE MOTION OF THE PEOPLE, THE JUDGE SHALL
HOLD A HEARING PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND SHALL
ISSUE AN ORDER THAT, PENDING TRIAL, THE INDIVIDUAL SHALL EITHER BE
RELEASED ON HIS OR HER OWN RECOGNIZANCE, RELEASED ON CONDITIONS OF
RELEASE AS SET FORTH BY THE JUDGE, OR DETAINED UNDER SUBDIVISION THREE
OF THIS SECTION. THE INDIVIDUAL SHALL BE RELEASED UNLESS THE JUDGE
DETERMINES THAT RELEASING THE PRINCIPAL ON HIS OR HER OWN RECOGNIZANCE
S. 7699 8
WILL ENDANGER THE COMMUNITY SAFETY AND WELL-BEING OF ANY OTHER PERSON IN
THE STATE BUT DOES NOT FIND BY CLEAR AND CONVINCING EVIDENCE THAT NO
CONDITIONS OF RELEASE WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND
WELL-BEING OF ANY OTHER PERSON IN THE STATE, THE JUDGE SHALL ORDER THE
PRETRIAL RELEASE OF THE PRINCIPAL:
(I) SUBJECT TO THE CONDITION THAT THE PERSON NOT COMMIT A FEDERAL,
STATE OR LOCAL CRIME DURING THE PERIOD OF RELEASE; AND
(II) SUBJECT TO THE LEAST RESTRICTIVE FURTHER CONDITION, OR COMBINA-
TION OF CONDITIONS, THAT SUCH JUDGE DETERMINES WILL REASONABLY ENSURE
THE COMMUNITY SAFETY AND WELL-BEING OF ANY OTHER PERSON IN THE STATE
THAT THE PRINCIPAL:
(A) REMAIN IN THE CUSTODY OF A DESIGNATED PERSON, WHO AGREES TO ASSUME
SUPERVISION AND TO REPORT ANY VIOLATION OF A RELEASE CONDITION TO THE
COURT, IF THE DESIGNATED PERSON IS REASONABLY ABLE TO ENSURE THE JUDI-
CIAL OFFICER THAT THE PERSON WILL APPEAR AS REQUIRED AND WILL NOT POSE A
DANGER TO THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY;
(B) MAINTAIN EMPLOYMENT, OR, IF UNEMPLOYED, ACTIVELY SEEK EMPLOYMENT;
(C) MAINTAIN OR COMMENCE AN EDUCATIONAL PROGRAM;
(D) ABIDE BY SPECIFIED RESTRICTIONS ON PERSONAL ASSOCIATIONS, LIVING
ACCOMMODATIONS OR TRAVEL;
(E) AVOID ALL CONTACT WITH AN ALLEGED VICTIM OF THE CRIME AND WITH ANY
POTENTIAL WITNESS OR WITNESSES WHO MAY TESTIFY CONCERNING THE OFFENSE;
(F) REPORT ON A REGULAR BASIS TO A DESIGNATED LAW ENFORCEMENT AGENCY,
PRETRIAL SERVICE AGENCY, OR OTHER AGENCY;
(G) COMPLY WITH A SPECIFIED CURFEW;
(H) REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE, OR OTHER
DANGEROUS WEAPON;
(I) REFRAIN FROM EXCESSIVE USE OF ALCOHOL, OR ANY USE OF A NARCOTIC
DRUG OR OTHER CONTROLLED SUBSTANCE, WITHOUT A PRESCRIPTION BY A LICENSED
MEDICAL PRACTITIONER;
(J) UNDERGO AVAILABLE MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREAT-
MENT, INCLUDING TREATMENT FOR DRUG OR ALCOHOL DEPENDENCY AND REMAIN IN A
SPECIFIED INSTITUTION IF REQUIRED FOR THAT PURPOSE;
(K) RETURN TO CUSTODY FOR SPECIFIED HOURS FOLLOWING RELEASE FOR
EMPLOYMENT, SCHOOLING, OR OTHER LIMITED PURPOSES;
(L) SATISFY ANY OTHER CONDITION THAT IS REASONABLY NECESSARY TO ENSURE
THE APPEARANCE OF THE PERSON AS REQUIRED AND TO ENSURE THE SAFETY AND
WELL-BEING OF ANY OTHER PERSON AND THE COMMUNITY; AND
(M) PARTICIPATES IN A COMMUNITY CORRECTIONS PROGRAM UNDER THE DEPART-
MENT OF CORRECTIONS AND COMMUNITY SUPERVISION, PROVIDED, HOWEVER, THAT
THE PRINCIPAL SHALL NOT PARTICIPATE IN SUCH PROGRAM WITHOUT HIS OR HER
CONSENT TO SUCH PARTICIPATION.
(B) THE JUDGE SHALL NOT IMPOSE A FINANCIAL CONDITION THAT RESULTS IN
THE PRETRIAL DETENTION OF THE PERSON UNDER THIS SECTION.
(C) THE JUDGE MAY AT ANY TIME AMEND THE ORDER TO IMPOSE ADDITIONAL OR
DIFFERENT CONDITIONS OF RELEASE.
3. THERE SHALL BE A REBUTTABLE PRESUMPTION OF RELEASE ON RECOGNIZANCE
FOR EVERY PRINCIPAL BROUGHT BEFORE THE COURT. IF, AFTER A HEARING PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, THE DISTRICT
OR SUPREME COURT JUDGE FINDS BY CLEAR AND CONVINCING EVIDENCE THAT NO
CONDITIONS OF RELEASE WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND
WELL-BEING OF ANY OTHER PERSON IN THE STATE, SAID JUDGE SHALL ORDER THE
DETENTION OF THE PRINCIPAL PRIOR TO TRIAL. A PRINCIPAL DETAINED UNDER
THIS SUBDIVISION SHALL BE BROUGHT TO A TRIAL AS SOON AS REASONABLY
POSSIBLE, BUT IN ABSENCE OF EXTRAORDINARY CIRCUMSTANCES, SUCH PRINCIPAL
SHALL NOT BE DETAINED FOR A PERIOD EXCEEDING ONE HUNDRED TWENTY DAYS BY
S. 7699 9
THE DISTRICT COURT OR FOR A PERIOD EXCEEDING ONE HUNDRED EIGHTY DAYS BY
THE SUPREME COURT.
4. (A) WHEN A PRINCIPAL IS HELD UNDER ARREST FOR AN OFFENSE LISTED IN
SUBDIVISION ONE OF THIS SECTION AND UPON A MOTION BY THE PEOPLE, THE
JUDGE SHALL HOLD A HEARING TO DETERMINE WHETHER CONDITIONS OF RELEASE
WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING OF ANY OTHER
PERSON IN THE STATE. A PRINCIPAL SHALL BE OFFERED THE APPROPRIATE MENTAL
HEALTH SERVICES WHILE BEING HELD UNDER ARREST FOR AN OFFENSE LISTED IN
SUBDIVISION ONE OF THIS SECTION.
(B) THE HEARING SHALL BE HELD IMMEDIATELY UPON THE PRINCIPAL'S FIRST
APPEARANCE BEFORE THE COURT UNLESS SUCH PRINCIPAL OR THE PEOPLE SEEK A
CONTINUANCE. EXCEPT FOR GOOD CAUSE, A CONTINUANCE ON MOTION OF THE PRIN-
CIPAL SHALL NOT EXCEED SEVEN DAYS AND A CONTINUANCE ON MOTION OF THE
PEOPLE SHALL NOT EXCEED THREE BUSINESS DAYS. DURING A CONTINUANCE, THE
PRINCIPAL SHALL BE DETAINED UPON A SHOWING THAT THERE EXISTED PROBABLE
CAUSE TO ARREST THE PRINCIPAL OR THAT WITHOUT DETENTION THE PRINCIPAL
WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS DEFINED
IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
HYGIENE LAW. AT THE HEARING, SUCH PRINCIPAL SHALL HAVE THE RIGHT TO BE
REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE TO RETAIN ADEQUATE
REPRESENTATION, TO HAVE COUNSEL APPOINTED. THE PRINCIPAL SHALL BE
AFFORDED AN OPPORTUNITY TO TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXA-
MINE WITNESSES WHO APPEAR AT THE HEARING, AND TO PRESENT INFORMATION.
PRIOR TO THE SUMMONS OF AN ALLEGED VICTIM, OR A MEMBER OF THE ALLEGED
VICTIM'S FAMILY, TO APPEAR AS A WITNESS AT THE HEARING, THE PRINCIPAL
SHALL DEMONSTRATE TO THE COURT A GOOD FAITH BASIS FOR THE PRINCIPAL'S
REASONABLE BELIEF THAT THE TESTIMONY FROM THE WITNESS WILL BE MATERIAL
AND RELEVANT TO SUPPORT A CONCLUSION THAT THERE ARE CONDITIONS OF
RELEASE THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING
OF ANY OTHER PERSON IN THE STATE. THE RULES CONCERNING ADMISSIBILITY OF
EVIDENCE IN CRIMINAL TRIALS SHALL NOT APPLY TO THE PRESENTATION AND
CONSIDERATION OF INFORMATION AT THE HEARING AND THE JUDGE SHALL CONSIDER
HEARSAY CONTAINED IN A POLICE REPORT, THE STATEMENT OF AN ALLEGED VICTIM
OR WITNESS, AND SHALL HAVE ACCESS TO ANY MENTAL HEALTH EVALUATION THE
PRINCIPAL HAS UNDERGONE PRIOR TO HEARING. THE FACTS THE JUDGE USES TO
SUPPORT FINDINGS PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THAT NO
CONDITIONS WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING OF
ANY OTHER PERSON IN THE STATE, SHALL BE SUPPORTED BY CLEAR AND CONVINC-
ING EVIDENCE. IN A DETENTION ORDER ISSUED PURSUANT TO THE PROVISIONS OF
SUBDIVISION THREE OF THIS SECTION THE JUDGE SHALL: (I) INCLUDE WRITTEN
FINDINGS OF FACT AND A WRITTEN STATEMENT OF THE REASONS FOR THE
DETENTION; (II) DIRECT THAT THE PRINCIPAL BE COMMITTED TO CUSTODY OR
CONFINEMENT IN A CORRECTIONS FACILITY SEPARATE, TO THE EXTENT PRACTICA-
BLE, FROM PRINCIPALS AWAITING OR SERVING SENTENCE OR BEING HELD IN
CUSTODY PENDING APPEAL OR A COMMUNITY TREATMENT CENTER; AND (III) DIRECT
THAT THE PRINCIPAL BE AFFORDED REASONABLE OPPORTUNITY FOR PRIVATE
CONSULTATION WITH HIS OR HER COUNSEL. THE PRINCIPAL MAY BE DETAINED
PENDING COMPLETION OF THE HEARING. THE HEARING MAY BE REOPENED BY THE
JUDGE, AT ANY TIME BEFORE TRIAL, OR UPON A MOTION OF THE PEOPLE OR THE
PRINCIPAL DETAINED IF THE JUDGE FINDS THAT: (A) INFORMATION EXISTS THAT
WAS NOT KNOWN AT THE TIME OF THE HEARING OR THAT THERE HAS BEEN A CHANGE
IN CIRCUMSTANCES; AND (B) THAT SUCH INFORMATION OR CHANGE IN CIRCUM-
STANCES HAS A MATERIAL BEARING ON THE ISSUE OF WHETHER THERE ARE CONDI-
TIONS OF RELEASE THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND
WELL-BEING OF ANY OTHER PERSON IN THE STATE.
S. 7699 10
5. IN HIS OR HER DETERMINATION AS TO WHETHER THERE ARE CONDITIONS OF
RELEASE THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING
OF ANY OTHER PERSON IN THE STATE, SAID JUDGE SHALL, ON THE BASIS OF ANY
INFORMATION WHICH HE OR SHE CAN REASONABLY OBTAIN, TAKE INTO ACCOUNT THE
NATURE AND SERIOUSNESS OF THE DANGER POSED TO ANY OTHER PERSON OR THE
COMMUNITY THAT WOULD RESULT BY THE PRINCIPAL'S RELEASE, THE NATURE AND
CIRCUMSTANCES OF THE OFFENSE CHARGED, THE POTENTIAL PENALTY THE PRINCI-
PAL FACES, THE PRINCIPAL'S FAMILY TIES, EMPLOYMENT RECORD, HISTORY OF
MENTAL ILLNESS, AND REPUTATION, THE RISK THAT THE PRINCIPAL WILL
OBSTRUCT OR ATTEMPT TO OBSTRUCT THE JUDGE OR THREATEN, INJURE OR INTIM-
IDATE OR ATTEMPT TO THREATEN, INJURE OR INTIMIDATE A PROSPECTIVE WITNESS
OR JUROR, HIS OR HER RECORD OF CONVICTIONS, IF ANY, ANY ILLEGAL DRUG
DISTRIBUTION OR PRESENT DRUG DEPENDENCY, AND WHETHER THE PRINCIPAL IS
RELEASED PENDING ADJUDICATION OF A PRIOR CHARGE.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS MODIFYING OR LIMITING
THE PRESUMPTION OF INNOCENCE.
7. (A) A PRINCIPAL AGGRIEVED BY THE DENIAL OF A DISTRICT COURT JUDGE
TO RELEASE HIM OR HER ON HIS OR HER OWN RECOGNIZANCE WITH OR WITHOUT
SURETY OR CONDITION MAY PETITION THE SUPREME COURT FOR A REVIEW OF THE
ORDER OF THE RECOGNIZANCE AND THE JUDGE OF THE DISTRICT COURT SHALL
THEREUPON IMMEDIATELY NOTIFY SUCH PRINCIPAL OF HIS OR HER RIGHT TO FILE
A PETITION FOR REVIEW IN THE SUPREME COURT. WHEN A PETITION FOR REVIEW
IS FILED IN THE DISTRICT COURT OR WITH THE DETAINING AUTHORITY SUBSE-
QUENT TO THE PETITIONER'S DISTRICT COURT APPEARANCE, THE CLERK OF THE
DISTRICT COURT OR THE DETAINING AUTHORITY, AS THE CASE MAY BE, SHALL
IMMEDIATELY NOTIFY BY TELEPHONE, THE CLERK AND PROBATION OFFICER OF THE
DISTRICT COURT, THE DISTRICT ATTORNEY FOR THE DISTRICT IN WHICH THE
DISTRICT COURT IS LOCATED, THE PROSECUTING OFFICER, THE PETITIONER'S
COUNSEL, IF ANY, AND THE CLERK OF COURTS OF THE COUNTY TO WHICH THE
PETITION IS TO BE TRANSMITTED. THE CLERK OF THE DISTRICT COURT, UPON THE
FILING OF A PETITION FOR REVIEW, EITHER IN THE DISTRICT COURT OR WITH
THE DETAINING AUTHORITY, SHALL FORTHWITH TRANSMIT THE PETITION FOR
REVIEW, A COPY OF THE COMPLAINT AND THE RECORD OF THE COURT, INCLUDING
THE APPEARANCE OF THE ATTORNEY, IF ANY IS ENTERED, AND A SUMMARY OF THE
COURT'S REASONS FOR DENYING THE RELEASE OF THE PRINCIPAL ON HIS OR HER
OWN RECOGNIZANCE WITH OR WITHOUT SURETY OR CONDITION TO THE SUPREME
COURT FOR THE COUNTY IN WHICH THE DISTRICT COURT IS LOCATED, IF A JUDGE
THEREOF IS THEN SITTING, OR TO THE SUPREME COURT OF THE NEAREST COUNTY
IN WHICH A JUDGE IS THEN SITTING. THE PROBATION OFFICER OF THE DISTRICT
COURT SHALL TRANSMIT FORTHWITH TO THE PROBATION OFFICER OF THE SUPREME
COURT, COPIES OF ALL RECORDS OF THE PROBATION OFFICE OF SAID DISTRICT
COURT PERTAINING TO THE PETITIONER, INCLUDING THE PETITIONER'S RECORD OF
PRIOR CONVICTIONS, IF ANY, AS CURRENTLY VERIFIED BY INQUIRY OF THE
COMMISSIONER. THE DISTRICT COURT OR THE DETAINING AUTHORITY, AS THE CASE
MAY BE, SHALL CAUSE ANY PETITIONER IN ITS CUSTODY TO BE BROUGHT BEFORE
SAID SUPREME COURT WITHIN TWO BUSINESS DAYS OF THE PETITION HAVING BEEN
FILED. THE DISTRICT COURT IS AUTHORIZED TO ORDER ANY OFFICER AUTHORIZED
TO EXECUTE CRIMINAL PROCESS TO TRANSFER THE PETITIONER AND ANY PAPERS
HEREIN ABOVE DESCRIBED FROM THE DISTRICT COURT OR THE DETAINING AUTHORI-
TY TO THE SUPREME COURT, AND TO COORDINATE THE TRANSFER OF THE PETITION-
ER AND THE PAPERS BY SUCH OFFICER. THE PETITION FOR REVIEW SHALL
CONSTITUTE AUTHORITY IN THE PERSON OR OFFICER HAVING CUSTODY OF THE
PETITIONER TO TRANSPORT THE PETITIONER TO SAID SUPREME COURT WITHOUT THE
ISSUANCE OF ANY WRIT OR OTHER LEGAL PROCESS; PROVIDED, HOWEVER, THAT ANY
DISTRICT OR SUPREME COURT IS AUTHORIZED TO ISSUE A WRIT OF HABEAS CORPUS
FOR THE APPEARANCE FORTHWITH OF THE PETITIONER BEFORE THE SUPREME COURT.
S. 7699 11
(B) THE SUPREME COURT SHALL HEAR THE PETITION FOR REVIEW AS SPEEDILY
AS PRACTICABLE AND IN ANY EVENT WITHIN FIVE BUSINESS DAYS OF THE FILING
OF THE PETITION. THE SUPREME COURT JUDGE HEARING THE REVIEW MAY CONSIDER
THE RECORD BELOW WHICH THE PEOPLE AND THE PRINCIPAL MAY SUPPLEMENT. THE
JUDGE OF THE SUPREME COURT MAY, AFTER A HEARING ON THE PETITION FOR
REVIEW, ORDER THAT THE PETITIONER BE RELEASED ON HIS OR HER OWN RECOGNI-
ZANCE WITHOUT SURETY OR CONDITION, OR, IN HIS OR HER DISCRETION, TO
REASONABLY ENSURE THE EFFECTIVE ADMINISTRATION OF JUSTICE, MAKE ANY
OTHER ORDER OF BAIL OR RECOGNIZANCE OR REMAND THE PETITIONER IN ACCORD-
ANCE WITH THE TERMS OF THE PROCESS BY WHICH HE OR SHE WAS ORDERED
COMMITTED BY THE DISTRICT COURT.
8. IF AFTER A HEARING UNDER SUBDIVISION FOUR OF THIS SECTION DETENTION
UNDER SUBDIVISION THREE OF THIS SECTION IS ORDERED OR PRETRIAL RELEASE
SUBJECT TO CONDITIONS UNDER SUBDIVISION TWO OF THIS SECTION IS ORDERED,
THEN: (A) THE CLERK SHALL IMMEDIATELY NOTIFY THE PRINCIPAL'S PROBATION
OFFICER OF THE ORDER; AND (B) THE ORDER OF DETENTION UNDER SUBDIVISION
THREE OF THIS SECTION OR ORDER OF PRETRIAL RELEASE SUBJECT TO CONDITIONS
UNDER SUBDIVISION TWO OF THIS SECTION SHALL BE RECORDED IN THE PRINCI-
PAL'S CRIMINAL RECORD.
§ 10. Paragraph (d) 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, is 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 such motion by
the district attorney that extraordinary circumstances exist that should
prevent the transfer of the action to family court. FOR THE PURPOSES OF
THIS PARAGRAPH, THE TERM "EXTRAORDINARY CIRCUMSTANCES" SHALL MEAN THE
EXISTENCE OF HIGHLY UNUSUAL AND HEINOUS FACTS, IN ADDITION TO STRONG
PROOF THAT THE DEFENDANT IS NOT AMENABLE OR WOULD NOT BENEFIT IN ANY WAY
FROM TRANSFER OF THE ACTION TO FAMILY COURT. FACTORS THAT SHALL BE
CONSIDERED BY THE COURT IN DETERMINING WHETHER EXTRAORDINARY CIRCUM-
STANCES EXIST SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, WHETHER THE
DEFENDANT:
(I) COMMITTED A SERIES OF CRIMES OVER MULTIPLE DAYS IN CLOSE PROXIMI-
TY;
(II) ACTED IN AN ESPECIALLY CRUEL AND HEINOUS MANNER; OR
(III) LED, THREATENED, OR COERCED OTHER RELUCTANT ADOLESCENTS INTO
PARTICIPATING IN THE CRIME OR CRIMES WHICH ARE THE BASIS OF THE ACTION.
§ 11. Subdivision 2 of section 722.23 of the criminal procedure law is
amended by adding a new paragraph (c-1) to read as follows:
(C-1) FOR THE PURPOSES OF PARAGRAPH (C) OF THIS SUBDIVISION, THE TERM
"SIGNIFICANT PHYSICAL INJURY" SHALL MEAN PHYSICAL INJURY THAT INVOLVES A
RISK OF DEATH, SIGNIFICANT PHYSICAL PAIN, PROTRACTED AND OBVIOUS DISFIG-
UREMENT, OR A PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF A BODILY
MEMBER, ORGAN, OR MENTAL OR SENSORY FACULTY.
§ 12. Subparagraph (ii) of paragraph (c) of subdivision 2 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, is amended to read as follows:
(ii) the defendant [displayed] WAS ILLEGALLY IN POSSESSION OF a LOADED
firearm[, shotgun, rifle or deadly weapon] as defined in the penal law
[in furtherance of such offense]; or
§ 13. Section 100.08 of the penal law, as added by chapter 422 of the
laws of 1978, is amended to read as follows:
§ 100.08 Criminal solicitation in the third degree.
A person is guilty of criminal solicitation in the third degree
when[,]:
S. 7699 12
1. being over eighteen years of age, with THE intent that another
person under sixteen years of age engage in conduct that would consti-
tute a felony, he OR SHE solicits, requests, commands, importunes or
otherwise attempts to cause such other person to engage in such
conduct[.]; OR
2. BEING OVER EIGHTEEN YEARS OF AGE, WITH THE INTENT THAT ANOTHER
PERSON UNDER EIGHTEEN YEARS OF AGE ENGAGE IN CONDUCT THAT WOULD CONSTI-
TUTE A CRIME UNDER ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS CHAPTER, HE OR
SHE INTENTIONALLY PROVIDES A LOADED FIREARM TO SUCH PERSON IN ORDER TO
PROTECT THE ACTOR FROM CRIMINAL PROSECUTION.
Criminal solicitation in the third degree is a class E felony.
§ 14. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law and shall apply
to all criminal cases where the defendant was arraigned on or after such
effective date.
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