NY State Assembly Bill 2025-A5637

Assembly Bill A5637

2025-2026 Legislative Session

Expands juvenile offender status to include certain sex offenses committed by persons 13, 14 or 15 years of age

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 18, 2025	referred to codes

2025-A5637 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 190.71, CP L; amd §§10.00 & 30.00, Pen L; amd §301.2, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5122
2011-2012: A1703
2013-2014: A6010
2015-2016: A5288
2017-2018: A4852
2019-2020: A5703
2021-2022: A8315
2023-2024: A2684

2025-A5637 (ACTIVE) - Summary

Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

2025-A5637 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5637
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SEMPOLINSKI -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, the penal law and the family
   court act, in  relation  to  providing  juvenile  offender  status  to
   persons  thirteen, fourteen or fifteen years of age who have committed
   certain sex offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  42 of section 1.20 of the criminal procedure
 law, as amended by chapter 23 of the laws of 2024, is amended to read as
 follows:
   42. "Juvenile offender" means (1) a person, thirteen years old who  is
 criminally responsible for acts constituting murder in the second degree
 as  defined  in  subdivisions one and two of section 125.25 of the penal
 law[,]; SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE  IN  THE  FIRST
 DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE) OF
 THE  PENAL  LAW;  or  such conduct as a sexually motivated felony, where
 authorized pursuant to section 130.91 of the penal law; and (2) a person
 fourteen or fifteen years old who is  criminally  responsible  for  acts
 constituting  the  crimes defined in subdivisions one and two of section
 125.25 (murder in the second degree) and in subdivision  three  of  such
 section  provided that the underlying crime for the murder charge is one
 for which such person is criminally responsible; section 135.25 (kidnap-
 ping in the first degree); 150.20 (arson in the first degree);  subdivi-
 sions  one  and  two  of  section  120.10 (assault in the first degree);
 125.20 (manslaughter in the first degree); paragraphs  (a)  and  (b)  of
 subdivision  one,  paragraphs  (a)  and (b) of subdivision two and para-
 graphs (a) and (b) of subdivision three of section 130.35 (rape  in  the
 first  degree);  former subdivisions one and two of section 130.35 (rape
 in the first degree); subdivisions one and two of former section 130.50;
 SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08558-01-5

 A. 5637                             2
 
 130.67  (AGGRAVATED  SEXUAL  ABUSE IN THE SECOND DEGREE); 130.70 (aggra-
 vated sexual abuse in the first degree); 140.30 (burglary in  the  first
 degree);  subdivision  one  of  section  140.25  (burglary in the second
 degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
 first degree); subdivision two of section 160.10 (robbery in the  second
 degree) of the penal law; or section 265.03 of the penal law, where such
 machine  gun  or  such  firearm  is possessed on school grounds, as that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law; or defined in the penal law as an attempt to commit murder  in  the
 second  degree  or  kidnapping in the first degree, or such conduct as a
 sexually motivated felony, where authorized pursuant to  section  130.91
 of the penal law.
   §  2. Subdivision (a) of section 190.71 of the criminal procedure law,
 as amended by chapter 23 of the laws of 2024,  is  amended  to  read  as
 follows:
   (a)  Except  as  provided in subdivision six of section 200.20 of this
 chapter, a grand jury may not indict (i) a person thirteen years of  age
 for any conduct or crime other than conduct constituting a crime defined
 in  subdivisions  one  and  two  of section 125.25 (murder in the second
 degree); SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN  THE  FIRST
 DEGREE);  SECTION  130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE);
 or such conduct as a sexually motivated felony, where authorized  pursu-
 ant  to  section  130.91  of  the  penal  law; (ii) a person fourteen or
 fifteen years of age for any conduct or crime other than conduct consti-
 tuting a crime defined in subdivisions one and  two  of  section  125.25
 (murder  in  the second degree) and in subdivision three of such section
 provided that the underlying crime for the  murder  charge  is  one  for
 which  such  person is criminally responsible; 135.25 (kidnapping in the
 first degree); 150.20 (arson in the first degree); subdivisions one  and
 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
 er  in  the  first  degree);  paragraphs (a) and (b) of subdivision one,
 paragraphs (a) and (b) of subdivision two and paragraphs (a) and (b)  of
 subdivision  three  of section 130.35 (rape in the first degree); former
 subdivisions one and two of section 130.35 (rape in the  first  degree);
 subdivisions  one  and  two  of  former  section  130.50; SECTION 130.66
 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE);  SECTION  130.67  (AGGRA-
 VATED  SEXUAL  ABUSE  IN  THE  SECOND DEGREE); 130.70 (aggravated sexual
 abuse in the first degree);  140.30  (burglary  in  the  first  degree);
 subdivision  one  of  section  140.25  (burglary  in the second degree);
 150.15 (arson in the  second  degree);  160.15  (robbery  in  the  first
 degree);  subdivision  two  of  section  160.10  (robbery  in the second
 degree) of the penal law; or section 265.03 of the penal law, where such
 machine gun or such firearm is possessed  on  school  grounds,  as  that
 phrase is defined in subdivision fourteen of section 220.00 of the penal
 law;  or  defined in the penal law as an attempt to commit murder in the
 second degree or kidnapping in the first degree, or such  conduct  as  a
 sexually  motivated  felony, where authorized pursuant to section 130.91
 of the penal law.
   § 3. Subdivision 18 of section 10.00 of the penal law, as  amended  by
 chapter  7  of the laws of 2007 and paragraph 2 as amended by chapter 23
 of the laws of 2024, is amended to read as follows:
   18. "Juvenile offender" means (1) a person thirteen years old  who  is
 criminally responsible for acts constituting murder in the second degree
 as  defined  in  subdivisions  one  and  two  of  section 125.25 of this
 chapter; SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN  THE  FIRST
 DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE) OF
 A. 5637                             3
 
 THIS  CHAPTER;  or  such  conduct  as a sexually motivated felony, where
 authorized pursuant to section 130.91 of [the penal law]  THIS  CHAPTER;
 and
   (2) a person fourteen or fifteen years old who is criminally responsi-
 ble for acts constituting the crimes defined in subdivisions one and two
 of section 125.25 (murder in the second degree) and in subdivision three
 of such section provided that the underlying crime for the murder charge
 is  one  for which such person is criminally responsible; section 135.25
 (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
 subdivisions  one  and  two  of  section  120.10  (assault  in the first
 degree); 125.20 (manslaughter in the first degree); paragraphs  (a)  and
 (b)  of  subdivision one, paragraphs (a) and (b) of subdivision two, and
 paragraphs (a) and (b) of subdivision three of section 130.35  (rape  in
 the  first  degree);  former  subdivisions one and two of section 130.35
 (rape in the first degree); subdivisions  one  and  two  of  the  former
 section  130.50;  SECTION  130.66  (AGGRAVATED SEXUAL ABUSE IN THE THIRD
 DEGREE); SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND  DEGREE);
 130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
 in the first degree); subdivision one of section 140.25 (burglary in the
 second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
 the  first  degree);  subdivision  two of section 160.10 (robbery in the
 second degree) of this chapter; or section 265.03 of this chapter, where
 such machine gun or such firearm is possessed on school grounds, as that
 phrase is defined in subdivision fourteen  of  section  220.00  of  this
 chapter;  or  defined  in this chapter as an attempt to commit murder in
 the second degree or kidnapping in the first degree, or such conduct  as
 a sexually motivated felony, where authorized pursuant to section 130.91
 of this chapter.
   §  4.  Subdivision  2 of section 30.00 of the penal law, as amended by
 chapter 23 of the laws of 2024, is amended to read as follows:
   2. A person thirteen, fourteen or, fifteen years of age is  criminally
 responsible for acts constituting murder in the second degree as defined
 in  subdivisions  one and two of section 125.25 and in subdivision three
 of such section provided that the underlying crime for the murder charge
 is one for which such person  is  criminally  responsible  or  for  such
 conduct  as  a  sexually  motivated felony, where authorized pursuant to
 section 130.91 of this chapter; A PERSON THIRTEEN YEARS OF AGE IS CRIMI-
 NALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES DEFINED  IN  SUBDIVI-
 SIONS  ONE  AND  TWO  OF SECTION 130.35 (RAPE IN THE FIRST DEGREE);  AND
 SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST  DEGREE)  OF  THIS
 CHAPTER;  and  a  person fourteen or, fifteen years of age is criminally
 responsible for acts constituting the crimes defined in  section  135.25
 (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
 subdivisions one and  two  of  section  120.10  (assault  in  the  first
 degree);  125.20  (manslaughter in the first degree); paragraphs (a) and
 (b) of subdivision one, paragraphs (a) and (b) of  subdivision  two  and
 paragraphs  (a)  and (b) of subdivision three of section 130.35 (rape in
 the first degree); former subdivisions one and  two  of  section  130.35
 (rape  in  the first degree); subdivisions one and two of former section
 130.50; SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN  THE  THIRD  DEGREE);
 SECTION  130.67  (AGGRAVATED  SEXUAL ABUSE IN THE SECOND DEGREE); 130.70
 (aggravated sexual abuse in the first degree); 140.30 (burglary  in  the
 first degree); subdivision one of section 140.25 (burglary in the second
 degree);  150.15  (arson  in  the second degree); 160.15 (robbery in the
 first degree); subdivision two of section 160.10 (robbery in the  second
 degree)  of  this chapter; or section 265.03 of this chapter, where such
 A. 5637                             4

 machine gun or such firearm is possessed  on  school  grounds,  as  that
 phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
 chapter; or defined in this chapter as an attempt to  commit  murder  in
 the second degree or kidnapping in the first degree, or for such conduct
 as  a  sexually  motivated  felony, where authorized pursuant to section
 130.91 of this chapter.
   § 5. Subdivision 8 of section  301.2  of  the  family  court  act,  as
 amended  by  chapter  38  of  the  laws  of  2022, is amended to read as
 follows:
   8. "Designated felony act" means an act which, if done  by  an  adult,
 would  be  a  crime: (i) defined in sections 125.27 (murder in the first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first degree); or 150.20 (arson in the first degree) of  the  penal  law
 committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen
 years  of age; or such conduct committed as a sexually motivated felony,
 where authorized pursuant to section  130.91  of  the  penal  law;  (ii)
 defined  in  sections  120.10  (assault  in  the  first  degree); 125.20
 (manslaughter in the first degree); 130.35 (rape in the  first  degree);
 130.50  (criminal  sexual  act  in the first degree); 130.66 (AGGRAVATED
 SEXUAL ABUSE IN THE THIRD DEGREE); 130.67 (AGGRESSIVE  SEXUAL  ABUSE  IN
 THE  SECOND  DEGREE);  130.70  (aggravated  sexual  abuse  in  the first
 degree); 135.20 (kidnapping in the second degree)  but  only  where  the
 abduction  involved  the  use or threat of use of deadly physical force;
 150.15 (arson in the second degree) or  160.15  (robbery  in  the  first
 degree)  of  the  penal  law  committed  by a person thirteen, fourteen,
 fifteen, sixteen, or seventeen years of age; or such  conduct  committed
 as  a  sexually  motivated  felony, where authorized pursuant to section
 130.91 of the penal law; (iii) defined in the penal law as an attempt to
 commit murder in the first or second degree or kidnapping in  the  first
 degree  committed  by  a person thirteen, fourteen, fifteen, sixteen, or
 seventeen years of age; or such conduct committed as  a  sexually  moti-
 vated  felony,  where authorized pursuant to section 130.91 of the penal
 law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
 subdivision  one  of  section  140.25  (burglary  in the second degree);
 subdivision two of section 160.10 (robbery in the second degree) of  the
 penal law; or section 265.03 of the penal law, where such machine gun or
 such  firearm  is possessed on school grounds, as that phrase is defined
 in subdivision fourteen of section 220.00 of the penal law committed  by
 a  person fourteen, fifteen, sixteen, or seventeen years of age; or such
 conduct committed as  a  sexually  motivated  felony,  where  authorized
 pursuant  to  section  130.91  of  the penal law; (v) defined in section
 120.05 (assault in the second degree) or 160.10 (robbery in  the  second
 degree)  of  the  penal  law  committed  by  a person fourteen, fifteen,
 sixteen or seventeen years of age but only where there has been a  prior
 finding  by  a  court  that  such person has previously committed an act
 which, if committed by an adult, would be the crime of  assault  in  the
 second degree, robbery in the second degree or any designated felony act
 specified  in  paragraph (i), (ii), or (iii) of this subdivision regard-
 less of the age of such person at the time  of  the  commission  of  the
 prior  act; (vi) other than a misdemeanor committed by a person at least
 twelve but less than eighteen years of age, but only  where  there  have
 been  two  prior  findings by the court that such person has committed a
 prior act which, if committed by an adult, would be a felony.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Assembly Bill A5637

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Sponsored By

SEMPOLINSKI

Current Bill Status - In Assembly Committee

2025-A5637 (ACTIVE) - Details

2025-A5637 (ACTIVE) - Summary

2025-A5637 (ACTIVE) - Bill Text download pdf

Comments