Senate Bill S8710

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8710--A
 
                             I N  S E N A T E
 
                               March 4, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to  the  court's
   consideration  of  the  existence  of  extraordinary circumstances and
   significant physical injury in determining whether to  remove  adoles-
   cent offenders to family court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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  OR  MULTIPLE  EVENTS  OF
 CRIMINALITY,  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 DETER-
 MINING WHETHER EXTRAORDINARY  CIRCUMSTANCES  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.
   §  2. 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, PROTRACTED SUBSTANTIAL PAIN OR IMPAIRMENT OF A PHYSICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10992-03-4
 S. 8710--A                          2
 
 CONDITION, PROTRACTED AND OBVIOUS DISFIGUREMENT, OR A PROTRACTED LOSS OR
 IMPAIRMENT OF THE FUNCTION OF A  BODILY  MEMBER,  ORGAN,  OR  MENTAL  OR
 SENSORY FACULTY.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.