Senate Bill S8531

2025-2026 Legislative Session

Relates to the removal of adolescent offenders to family court; and relates to jurisdiction of family court

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Current Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 17, 2025	referred to rules

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2025-S8531 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§722.23, 722.21, 722.22 & 1.20, CP L; amd §302.1, Fam Ct Act

2025-S8531 (ACTIVE) - Summary

Limits the circumstances under which the case of an adolescent offender may be removed to family court; limits the jurisdiction of family court with respect to certain repeat adolescent offenders.

2025-S8531 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8531

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the removal
of adolescent offenders to family court; and to amend the family court
act, in relation to jurisdiction

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation makes changes to Raise the Age by requiring juvenile
offenders to be tried in adult court after they have previously been
arrested for a felony that was removed to family court and to require
juvenile offenders to be tried in adult court after committing two sepa-
rate misdemeanors unless there are mitigating circumstances. The legis-
lation also expands the crimes committed by juvenile offenders that can
go to adult court to include using or possessing a firearm.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 722.23 of the criminal proce-

dure law parts (ii) to include illegally used and possessed firearms
and(iv) where the defendant has previously been arrested for a felony
that was removed to family court.

Section 2: Amends subdivision 5 of section 722.21 of the criminal proce-
dure law to add or where the defendant has previously been arrested for
a felony that was removed to family court.

Section 3: Amends paragraph (b) of subdivision 1 of section 722.22 is
amended to state or where the defendant has previously been arrested for
a felony that was removed to family court.

Section 4: Amends paragraphs (a) and (h) of subdivision 1 of section
722.23 of the criminal procedure law to add or where the defendant has
previously been arrested for a felony that was removed to family court
and outlines mitigating factors to remove an action to family court in
certain circumstances.

Section 5: Amends subdivision 44 of section 1.20 of the criminal proce-
dure law to broaden the definition of "adolescent offender" to include a
person charged with a misdemeanor when such person is sixteen or seven-
teen years of age after having been previously adjudicated as a juvenile
delinquent on two separate occasions.

Section 6: Amends subdivision 4 of section 302.1 of the family court act
to add unless the respondent is charged with a misdemeanor or complaint
on accused of a misdemeanor conduct after having been previously adjudi-
cated as a juvenile delinquent on two prior separate occasions.

Section 7: States the act shall take effect immediately.

 
JUSTIFICATION:

Since the implementation of Raise the Age in 2017, there has been an
increase of youth crimeth and calls for reforms111. The bill seeks to
address serious repeat juvenile offenders in a fair way that gives judi-
cial discretion over the removal of cases to family court.
This legislation continues current process for juvenile offenders to
have their case removed to family court for their first felony offense.
Upon their second offense, this legislation requires them to be tried as
an adult unless there are mitigating circumstances. After a juvenile's
first two misdemeanors, their case will also be moved to adult court
unless there are mitigating circumstances. Finally, the bill makes ille-
gally using or possessing a firearm an exception to a case being removed
to family court.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.
i https://nypost.com/2025/09/17/us-news/nyc-youth-crime-doubled- sincec-
ontroversial-state-raise-the-age-law-kicked-in -new-report-shows-bad-re-
sults/
ii https://www.nyc.gov/
assets/operations/downloads/pdf/mmr2025/2025_mmr.pdf
iii https://nystateofpolitics.com/ state-of-politics/new-
york/politics/2025/08/18/n-y--district- attorneys-set -sights-on-raise-
the-age-tweaks-next-year

2025-S8531 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8531
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             October 17, 2025
                                ___________
 
 Introduced  by  Sen. ROLISON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation to  the  removal
   of adolescent offenders to family court; and to amend the family court
   act, in relation to jurisdiction

   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 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 ILLEGALLY USED, POSSESSED, OR displayed a  firearm,
 shotgun, rifle or deadly weapon as defined in the penal law [in further-
 ance 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[.]; OR
   (IV) THE DEFENDANT HAS PREVIOUSLY BEEN ARRESTED FOR A FELONY THAT  WAS
 REMOVED TO FAMILY COURT.
   § 2. Subdivision 5 of section 722.21 of the criminal procedure law, as
 amended  by  chapter  23  of  the  laws  of  2024, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13707-02-5
 S. 8531                             2

 
   5. Notwithstanding subdivisions two and three of this section, at  the
 request  of  the  district attorney, the court shall order removal of an
 action against an adolescent offender charged with an offense listed  in
 paragraph  (a)  of subdivision two of section 722.23 of this article, to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent offender with murder in
 the second degree as defined in section 125.25 of the penal law, rape in
 the first degree as defined in paragraph (a) of subdivision  one,  para-
 graph  (a)  of subdivision two and paragraph (a) of subdivision three of
 section 130.35 of the penal law, rape in the first  degree  as  formerly
 defined  in  subdivision one of section 130.35 of the penal law, a crime
 formerly defined in subdivision one of section 130.50 of the penal  law,
 or  an armed felony as defined in paragraph (a) of subdivision forty-one
 of section 1.20 of this chapter, OR WHERE THE DEFENDANT  HAS  PREVIOUSLY
 BEEN  ARRESTED FOR A FELONY THAT WAS REMOVED TO FAMILY COURT, a determi-
 nation that such action be removed to the family court shall,  in  addi-
 tion,  be  based upon a finding of one or more of the following factors:
 (i) mitigating circumstances that bear directly upon the manner in which
 the crime was committed; or (ii) where the defendant was  not  the  sole
 participant  in  the crime, the defendant's participation was relatively
 minor although not so minor as to constitute a  defense  to  the  prose-
 cution; or (iii) possible deficiencies in proof of the crime.
   §  3. Paragraph (b) of subdivision 1 of section 722.22 of the criminal
 procedure law, as amended by chapter 23 of the laws of 2024, is  amended
 to read as follows:
   (b)  with  the  consent  of the district attorney, order removal of an
 action involving an indictment charging a juvenile offender with  murder
 in the second degree as defined in section 125.25 of the penal law; rape
 in  the  first  degree,  as defined in paragraph (a) of subdivision one,
 paragraph (a) of subdivision two and paragraph (a) of subdivision  three
 of section 130.35 of the penal law; rape in the first degree as formerly
 defined  in  subdivision one of section 130.35 of the penal law; a crime
 formerly defined in subdivision one of section 130.50 of the penal  law;
 or  an armed felony as defined in paragraph (a) of subdivision forty-one
 of section 1.20 of this chapter, OR WHERE THE DEFENDANT  HAS  PREVIOUSLY
 BEEN  ARRESTED  FOR  A  FELONY  THAT WAS REMOVED TO FAMILY COURT, to the
 family court pursuant to the provisions of article seven  hundred  twen-
 ty-five  of  this  title if the court finds one or more of the following
 factors: (i) mitigating circumstances that bear directly upon the manner
 in which the crime was committed; (ii) where the defendant was  not  the
 sole  participant  in the crime, the defendant's participation was rela-
 tively minor although not so minor as to constitute  a  defense  to  the
 prosecution;  or  (iii) possible deficiencies in the proof of the crime,
 and, after consideration of the factors set forth in subdivision two  of
 this  section,  the  court  determined that removal of the action to the
 family court would be in the interests of justice.
   § 4. Paragraphs (a) and (h) 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:
   (a) Following the arraignment of a  defendant  charged  with  a  crime
 committed  when  [he  or  she]  THE DEFENDANT was sixteen, or commencing
 October first, two thousand nineteen, seventeen years of age, other than
 any class A felony except for those defined in article two hundred twen-
 S. 8531                             3
 
 ty of the penal law, a violent felony defined in section  70.02  of  the
 penal  law  or  a  felony  listed in paragraph one or two of subdivision
 forty-two of section 1.20 of this chapter, [or] an offense set forth  in
 the  vehicle and traffic law, OR WHERE THE DEFENDANT HAS PREVIOUSLY BEEN
 ARRESTED FOR A FELONY THAT WAS REMOVED TO FAMILY COURT, the court  shall
 order  the  removal of the action to the family court in accordance with
 the applicable provisions of article seven hundred twenty-five  of  this
 title  unless,  within  thirty  calendar  days  of such arraignment, the
 district attorney makes a motion to prevent removal of the action pursu-
 ant to this subdivision.  If  the  defendant  fails  to  report  to  the
 probation  department  as  directed, the thirty day time period shall be
 tolled until such time as [he or  she]  THE  DEFENDANT  reports  to  the
 probation department.
   (h) Nothing in this subdivision shall preclude, and a court may order,
 the  removal  of  an  action  to family court where all parties agree or
 pursuant to this chapter; PROVIDED HOWEVER THAT THE COURT MAY NOT  ORDER
 THE  REMOVAL OF AN ACTION TO FAMILY COURT WHERE THE DEFENDANT IS CHARGED
 WITH ANY CLASS A FELONY EXCEPT FOR THOSE DEFINED IN SECTION 70.02 OF THE
 PENAL LAW, A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW OR
 A FELONY LISTED IN PARAGRAPH ONE OR  TWO  OF  SUBDIVISION  FORTY-TWO  OF
 SECTION  1.20  OF  THIS CHAPTER, AN OFFENSE SET FORTH IN THE VEHICLE AND
 TRAFFIC LAW, OR WHERE THE DEFENDANT HAS PREVIOUSLY BEEN ARRESTED  FOR  A
 FELONY  THAT  WAS REMOVED TO FAMILY COURT, UNLESS THE COURT FINDS ONE OR
 MORE OF THE FOLLOWING FACTORS:(I)  MITIGATING  CIRCUMSTANCES  THAT  BEAR
 DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED; OR (II) WHERE
 THE DEFENDANT WAS NOT THE SOLE PARTICIPANT IN THE CRIME, THE DEFENDANT'S
 PARTICIPATION  WAS  RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS TO CONSTI-
 TUTE A DEFENSE TO THE PROSECUTION; OR  (III)  POSSIBLE  DEFICIENCIES  IN
 PROOF OF THE CRIME.
   §  5. Subdivision 44 of section 1.20 of the criminal procedure law, as
 amended by section 1 of part WWW of chapter 59 of the laws of  2017,  is
 amended to read as follows:
   44. "Adolescent offender" means a person charged with a felony commit-
 ted  on  or  after October first, two thousand eighteen when [he or she]
 SUCH PERSON was sixteen years of age or on or after October  first,  two
 thousand  nineteen,  when [he or she] SUCH PERSON was seventeen years of
 age, OR A PERSON CHARGED WITH A MISDEMEANOR WHEN SUCH PERSON IS  SIXTEEN
 OR  SEVENTEEN YEARS OF AGE AFTER HAVING BEEN PREVIOUSLY ADJUDICATED AS A
 JUVENILE DELINQUENT ON TWO SEPARATE OCCASIONS.
   § 6. Subdivision 4 of section 302.1 of the family court act, as  added
 by  section 1 of subpart E of part UU of chapter 56 of the laws of 2022,
 is amended to read as follows:
   4. Where a proceeding had been commenced in the youth part of a  supe-
 rior  court  for  an act alleged to have been committed prior to [his or
 her] THE RESPONDENT'S eighteenth birthday and then had been  removed  to
 family  court,  the  family court shall exercise jurisdiction under this
 article, notwithstanding the fact that the respondent may  be  over  the
 age  of  eighteen prior to the proceeding having commenced in the family
 court, UNLESS THE RESPONDENT IS CHARGED WITH A MISDEMEANOR COMPLAINT  OR
 ACCUSED  OF MISDEMEANOR CONDUCT AFTER HAVING BEEN PREVIOUSLY ADJUDICATED
 AS A JUVENILE DELINQUENT ON TWO PRIOR SEPARATE OCCASIONS.
   § 7. This act shall take effect immediately.

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Senate Bill S8531

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2025-S8531 (ACTIVE) - Details

2025-S8531 (ACTIVE) - Summary

2025-S8531 (ACTIVE) - Sponsor Memo

2025-S8531 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rob Rolison

Current Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

George M. Borrello

Stephen T. Chan

Patrick M. Gallivan

Pamela Helming

2025-S8531 (ACTIVE) - Details

2025-S8531 (ACTIVE) - Summary

2025-S8531 (ACTIVE) - Sponsor Memo

2025-S8531 (ACTIVE) - Bill Text download pdf

Comments