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Assembly Bill A4161

2025-2026 Legislative Session

Prohibits removal of adolescent offenders to family court in certain circumstances

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2025-A4161 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §722.23, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A9254
2023-2024: A3167

2025-A4161 (ACTIVE) - Summary

Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.

2025-A4161 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4161
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to prohibiting
   removal of adolescent  offenders to family court  in  certain  circum-
   stances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 2 of  section  722.23  of  the
 criminal procedure law, as amended by section 1-a of part WWW of chapter
 59 of the laws of 2017 and subparagraph (iii) of paragraph (c) of subdi-
 vision  2  as  amended by section 1 part AA of chapter 55 of the laws of
 2024, is amended to read as follows:
   (c) The court shall order the action to  proceed  in  accordance  with
 subdivision  one  of this section 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 POSSESSED A LOADED FIREARM AS DEFINED IN  SUBDIVI-
 SION FIFTEEN OF SECTION 265.00 OF THE PENAL LAW DURING THE COMMISSION OF
 THE OFFENSE; OR
   (IV)  the defendant unlawfully engaged in vaginal sexual contact, oral
 sexual contact, anal sexual contact, or sexual  contact  as  defined  in
 section 130.00 of the penal law.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03353-01-5

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