§ 722.20 Proceedings upon felony complaint; juvenile offender.

1. When a juvenile offender is arraigned before a youth part, the
provisions of this section shall apply. If the youth part is not in
session, the defendant shall be brought before the most accessible
magistrate designated by the appellate division of the supreme court to
act as a youth part for the purpose of making a determination whether
such juvenile shall be detained or, with the consent of the district
attorney, immediately removed to family court. If the defendant is
ordered to be detained, he or she shall be brought before the next
session of the youth part. If the defendant is not detained, he or she
shall be ordered to appear at the next session of the youth part or the
family court.

2. If the defendant waives a hearing upon the felony complaint, the
court must order that the defendant be held for the action of the grand
jury with respect to the charge or charges contained in the felony
complaint.

3. If there be a hearing, then at the conclusion of the hearing, the
youth part court must dispose of the felony complaint as follows:

(a) If there is reasonable cause to believe that the defendant
committed a crime for which a person under the age of sixteen is
criminally responsible, the court must order that the defendant be held
for the action of a grand jury; or

(b) If there is not reasonable cause to believe that the defendant
committed a crime for which a person under the age of sixteen is
criminally responsible but there is reasonable cause to believe that the
defendant is a "juvenile delinquent" as defined in subdivision one of
section 301.2 of the family court act, the court must specify the act or
acts it found reasonable cause to believe the defendant did and direct
that the action be removed to the family court in accordance with the
provisions of article seven hundred twenty-five of this title; or

(c) If there is not reasonable cause to believe that the defendant
committed any criminal act, the court must dismiss the felony complaint
and discharge the defendant from custody if he is in custody, or if he
is at liberty on bail, it must exonerate the bail.

* 4. Notwithstanding the provisions of subdivisions two and three of
this section, the court shall, at the request of the district attorney,
order removal of an action against a juvenile offender to the family
court pursuant to the provisions of article seven hundred twenty-five of
this title if, upon consideration of the criteria specified in
subdivision two of section 722.22 of this article, it is determined that
to do so would be in the interests of justice. Where, however, the
felony complaint charges the 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 subdivision one of section 130.35 of the penal law,
criminal sexual act in the first degree as 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,
a determination that such action be removed to the family court shall,
in addition, 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
prosecution; or (iii) possible deficiencies in proof of the crime.

* NB Effective until September 1, 2024

* 4. Notwithstanding the provisions of subdivisions two and three of
this section, the court shall, at the request of the district attorney,
order removal of an action against a juvenile offender to the family
court pursuant to the provisions of article seven hundred twenty-five of
this title if, upon consideration of the criteria specified in
subdivision two of section 722.22 of this article, it is determined that
to do so would be in the interests of justice. Where, however, the
felony complaint charges the 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, a determination that such action be
removed to the family court shall, in addition, 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 prosecution; or (iii) possible
deficiencies in proof of the crime.

* NB Effective September 1, 2024

5. Notwithstanding the provisions of subdivision two, three, or four
of this section, if a currently undetermined felony complaint against a
juvenile offender is pending, and the defendant has not waived a hearing
pursuant to subdivision two of this section and a hearing pursuant to
subdivision three of this section has not commenced, the defendant may
move to remove the action to family court pursuant to 722.22 of this
article. The procedural rules of subdivisions one and two of section
210.45 of this chapter are applicable to a motion pursuant to this
subdivision. Upon such motion, the court shall proceed and determine the
motion as provided in section 722.22 of this article; provided, however,
that the exception provisions of paragraph (b) of subdivision one of
section 722.22 of this article shall not apply when there is not
reasonable cause to believe that the juvenile offender committed one or
more of the crimes enumerated therein, and in such event the provisions
of paragraph (a) thereof shall apply.

6. (a) If the court orders removal of the action to family court, it
shall state on the record the factor or factors upon which its
determination is based, and the court shall give its reasons for removal
in detail and not in conclusory terms.

(b) The district attorney shall state upon the record the reasons for
his consent to removal of the action to the family court where such
consent is required. The reasons shall be stated in detail and not in
conclusory terms.

(c) For the purpose of making a determination pursuant to subdivision
four or five of this section, the court may make such inquiry as it
deems necessary. Any evidence which is not legally privileged may be
introduced. If the defendant testifies, his testimony may not be
introduced against him in any future proceeding, except to impeach his
testimony at such future proceeding as inconsistent prior testimony.

(d) Where a motion for removal by the defendant pursuant to
subdivision five of this section has been denied, no further motion
pursuant to this section or section 722.22 of this article may be made
by the juvenile offender with respect to the same offense or offenses.

(e) Except as provided by paragraph (f) of this subdivision, this
section shall not be construed to limit the powers of the grand jury.

(f) Where a motion by the defendant pursuant to subdivision five of
this section has been granted, there shall be no further proceedings
against the juvenile offender in any local or superior criminal court
including the youth part of the superior court for the offense or
offenses which were the subject of the removal order.