Assembly Bill A4705

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4705
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY, GANDOLFO, WALSH, ANGELINO, SMULLEN,
   PALMESANO, DURSO, GALLAHAN,  DeSTEFANO,  HAWLEY,  MORINELLO,  BENDETT,
   MANKTELOW, REILLY, GRAY, MIKULIN, TANNOUSIS, TAGUE, SIMPSON, E. BROWN,
   SLATER,  RA, BEEPHAN, NOVAKHOV, FRIEND, BLUMENCRANZ, LEMONDES, MILLER,
   K. BROWN, GIGLIO, FITZPATRICK, MAHER, BROOK-KRASNY --  read  once  and
   referred to the Committee on Codes
 
 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.
                                                            LBD05144-01-5
 A. 4705                             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 and subparagraph (iii) of paragraph (c) as
 amended by section 1 of part AA of chapter 55 of the laws of  2024,  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 vaginal sexual contact, oral
 sexual contact, anal sexual contact, 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,
 A. 4705                             3
 
 unless such records and information have been sealed pursuant to section
 375.1.
   §  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] SUCH RESPONDENT 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.