NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3167
SPONSOR: Reilly TITLE OF BILL:
An act to amend the criminal procedure law, in relation to prohibiting
removal of adolescent offenders to family court in certain circum-
stances
PURPOSE OR GENERAL IDEA OF BILL:
This bill permits the possession of a loaded firearm to count as one of
the extraordinary circumstances that allow an adolescent offender
charged with a violent felony offense to be tried in the Youth Part of
the criminal court.
SUMMARY OF PROVISIONS:
Section 1 amends Section 722.23 of the Criminal Procedure Law to include
the possession of a loaded firearm as defined in subdivision 15 of
Section 265.00 of the Penal Law, as one of the extraordinary circum-
stances that permit a defendant who is charged with a violent felony
offense to be tried in the Youth Part of the criminal court.
Section 2 contains the effective date.
JUSTIFICATION:
Pursuant to Raise the Age, under current law, when a 16- or 17-year old
adolescent offender is charged with a violent felony offense, a District
Attorney must prove that at least one of the following occurred in order
to prevent the case from moving out of criminal Youth Part and into
Family Court:
* the defendant caused significant physical injury to a person other
than a participant in the offense; or
* the defendant displayed a firearm, shotgun, rifle or deadly weapon as
defined in the penal law in furtherance of such offense; or
* the defendant unlawfully engaged in sexual intercourse, oral sexual
conduct, anal sexual conduct or sexual contact as defined in section
130.00 of the penal law.
This legislation is necessary because it will include the possession of
a loaded firearm as one of the extraordinary circumstances that permits
the defendant to be tried in the Youth Part of the criminal court, and
not escape criminal responsibility by being removed to Family Court or
juvenile probation intake.
PRIOR LEGISLATIVE HISTORY:
02/09/22 referred to codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3167
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. REILLY -- read once and referred 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:
1 Section 1. Paragraph (c) of subdivision 2 of section 722.23 of the
2 criminal procedure law, as amended by section 1-a of part WWW of chapter
3 59 of the laws of 2017, is amended to read as follows:
4 (c) The court shall order the action to proceed in accordance with
5 subdivision one of this section unless, after reviewing the papers and
6 hearing from the parties, the court determines in writing that the
7 district attorney proved by a preponderance of the evidence one or more
8 of the following as set forth in the accusatory instrument:
9 (i) the defendant caused significant physical injury to a person other
10 than a participant in the offense; or
11 (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
12 on as defined in the penal law in furtherance of such offense; or
13 (iii) the defendant possessed a loaded firearm as defined in subdivi-
14 sion fifteen of section 265.00 of the penal law during the commission of
15 the offense; or
16 (iv) the defendant unlawfully engaged in sexual intercourse, oral
17 sexual conduct, anal sexual conduct or sexual contact as defined in
18 section 130.00 of the penal law.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02048-01-3
