S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6325
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  proceedings
   involving adolescent offenders and the possession or use of weapons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 722.10 of the criminal procedure law is amended  by
 adding a new subdivision 3 to read as follows:
   3.  NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, JUDGES PRESIDING IN
 THE YOUTH PART SHALL HAVE ACCESS TO ALL FAMILY COURT RECORDS,  INCLUDING
 RECORDS  RELATED  TO  PREVIOUS  JUVENILE DELINQUENCY PROCEEDINGS BROUGHT
 AGAINST THE DEFENDANT. ANY SUCH RELEVANT RECORDS SHALL BE MADE AVAILABLE
 TO THE PARTIES IN THE ACTION BEFORE THE YOUTH PART PRIOR TO  ARRAIGNMENT
 IN SUCH ACTION.
   §  2. 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 COURT MAY FIND EXTRAORDINARY CIRCUMSTANCES WHERE THE
 DEFENDANT  IS  ACCUSED  OF  AN OFFENSE INVOLVING THE USE, POSSESSION, OR
 DISPLAY OF A FIREARM, SHOTGUN, RIFLE OR OTHER DEADLY WEAPON. NOTHING  IN
 THIS  SECTION SHALL PREVENT THE COURT FROM FINDING EXTRAORDINARY CIRCUM-
 STANCES EXIST BASED UPON A FINDING THAT  THE  DEFENDANT  HAS  PREVIOUSLY
 BEEN  CONVICTED  OF AN OFFENSE INVOLVING THE ILLEGAL USE, POSSESSION, OR
 DISPLAY OF A FIREARM, SHOTGUN, RIFLE OR OTHER DEADLY WEAPON OR THAT  THE
 DEFENDANT  WAS  PREVIOUSLY  ADJUDICATED AS A YOUTHFUL OFFENDER, JUVENILE
 OFFENDER OR JUVENILE DELINQUENT BASED  UPON  AN  OFFENSE  INVOLVING  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09601-01-5
 A. 6325                             2
              

 
 ILLEGAL USE, POSSESSION OR DISPLAY OF A FIREARM, SHOTGUN, RIFLE OR OTHER
 DEADLY WEAPON.
   §  3. 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, subparagraph (iii) as amended by section 1 of 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 USED, POSSESSED OR displayed  a  firearm,  shotgun,
 rifle  or  deadly  weapon 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.
   § 4. This act shall take effect immediately.