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Senate Bill S9871

2025-2026 Legislative Session

Prohibits removal of adolescent offenders to family court in certain circumstances

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Current Bill Status - In Senate Committee Codes Committee

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2025-S9871 (ACTIVE) - Details

See Assembly Version of this Bill:
A4161
Current Committee:
Senate 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-S9871 (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-S9871 (ACTIVE) - Sponsor Memo

2025-S9871 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9871
 
                             I N  S E N A T E
 
                               April 9, 2026
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed 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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