Bill Text: NY A02827 | 2011-2012 | General Assembly | Introduced
Bill Title: Allows a juvenile offender accused of certain criminal possession of a weapon offenses, reckless manslaughter and attempts to commit certain felonies to be tried as an adult; changes the definition of "juvenile offender" to include criminal possession of a loaded firearm, machine gun or explosive, reckless manslaughter, and attempts to commit certain serious felonies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A02827 Detail]
Download: New_York-2011-A02827-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2827
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. CALHOUN, CROUCH -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to the definition of juvenile offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 18 of section 10.00 of the penal law, as
2 amended by chapter 7 of the laws of 2007, is amended to read as follows:
3 18. "Juvenile offender" means (1) a person thirteen years old who is
4 criminally responsible for acts constituting murder in the second degree
5 as defined in subdivisions one and two of section 125.25 of this chapter
6 or such conduct as a sexually motivated felony, where authorized pursu-
7 ant to section 130.91 of the penal law; and
8 (2) a person fourteen or fifteen years old who is criminally responsi-
9 ble for acts constituting the crimes defined in subdivisions one and two
10 of section 125.25 (murder in the second degree) and in subdivision three
11 of such section provided that the underlying crime for the murder charge
12 is one for which such person is criminally responsible; section 135.25
13 (kidnapping in the first degree); 150.20 (arson in the first degree);
14 subdivisions one and two of section 120.10 (assault in the first
15 degree); 125.20 (manslaughter in the first degree); subdivisions one and
16 two of section 130.35 (rape in the first degree); subdivisions one and
17 two of section 130.50 (criminal sexual act in the first degree); 130.70
18 (aggravated sexual abuse in the first degree); 140.30 (burglary in the
19 first degree); subdivision one of section 140.25 (burglary in the second
20 degree); 150.15 (arson in the second degree); 160.15 (robbery in the
21 first degree); subdivision two of section 160.10 (robbery in the second
22 degree) of this chapter; [or section 265.03 of this chapter, where such
23 machine gun or such firearm is possessed on school grounds, as that
24 phrase is defined in subdivision fourteen of section 220.00 of this
25 chapter;] SUBDIVISIONS TWO AND FOUR OF SECTION 265.02 (CRIMINAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02888-01-1
A. 2827 2
1 POSSESSION OF A WEAPON IN THE THIRD DEGREE); SUBDIVISION ONE OF SECTION
2 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION 110.00 (ATTEMPT TO
3 COMMIT A CRIME) or defined in this chapter as an attempt to commit
4 murder in the second degree or kidnapping in the first degree, or such
5 conduct as a sexually motivated felony, where authorized pursuant to
6 section 130.91 of the penal law.
7 S 2. Subdivision 2 of section 30.00 of the penal law, as amended by
8 chapter 7 of the laws of 2007, is amended to read as follows:
9 2. A person thirteen, fourteen or fifteen years of age is criminally
10 responsible for acts constituting murder in the second degree as defined
11 in subdivisions one and two of section 125.25 and in subdivision three
12 of such section provided that the underlying crime for the murder charge
13 is one for which such person is criminally responsible or for such
14 conduct as a sexually motivated felony, where authorized pursuant to
15 section 130.91 of the penal law; and a person fourteen or fifteen years
16 of age is criminally responsible for acts constituting the crimes
17 defined in section 135.25 (kidnapping in the first degree); 150.20
18 (arson in the first degree); subdivisions one and two of section 120.10
19 (assault in the first degree); 125.20 (manslaughter in the first
20 degree); subdivisions one and two of section 130.35 (rape in the first
21 degree); subdivisions one and two of section 130.50 (criminal sexual act
22 in the first degree); 130.70 (aggravated sexual abuse in the first
23 degree); 140.30 (burglary in the first degree); subdivision one of
24 section 140.25 (burglary in the second degree); 150.15 (arson in the
25 second degree); 160.15 (robbery in the first degree); subdivision two of
26 section 160.10 (robbery in the second degree) of this chapter; SUBDIVI-
27 SIONS TWO AND FOUR OF SECTION 265.02 (CRIMINAL POSSESSION OF A WEAPON IN
28 THE THIRD DEGREE); SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN
29 THE SECOND DEGREE); SECTION 110.00 (ATTEMPT TO COMMIT A CRIME) or
30 section 265.03 of this chapter, where such machine gun or such firearm
31 is possessed on school grounds, as that phrase is defined in subdivision
32 fourteen of section 220.00 of this chapter; or defined in this chapter
33 as an attempt to commit murder in the second degree or kidnapping in the
34 first degree, or for such conduct as a sexually motivated felony, where
35 authorized pursuant to section 130.91 of the penal law.
36 S 3. Subdivision 42 of section 1.20 of the criminal procedure law, as
37 amended by chapter 7 of the laws of 2007, is amended to read as follows:
38 42. "Juvenile offender" means (1) a person, thirteen years old who is
39 criminally responsible for acts constituting murder in the second degree
40 as defined in subdivisions one and two of section 125.25 of the penal
41 law, or such conduct as a sexually motivated felony, where authorized
42 pursuant to section 130.91 of the penal law; and (2) a person fourteen
43 or fifteen years old who is criminally responsible for acts constituting
44 the crimes defined in subdivisions one and two of section 125.25 (murder
45 in the second degree) and in subdivision three of such section provided
46 that the underlying crime for the murder charge is one for which such
47 person is criminally responsible; section 135.25 (kidnapping in the
48 first degree); 150.20 (arson in the first degree); subdivisions one and
49 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
50 er in the first degree); subdivisions one and two of section 130.35
51 (rape in the first degree); subdivisions one and two of section 130.50
52 (criminal sexual act in the first degree); 130.70 (aggravated sexual
53 abuse in the first degree); 140.30 (burglary in the first degree);
54 subdivision one of section 140.25 (burglary in the second degree);
55 150.15 (arson in the second degree); 160.15 (robbery in the first
56 degree); subdivision two of section 160.10 (robbery in the second
A. 2827 3
1 degree) of the penal law; [or section 265.03 of the penal law, where
2 such machine gun or such firearm is possessed on school grounds, as that
3 phrase is defined in subdivision fourteen of section 220.00 of the penal
4 law;] SUBDIVISIONS TWO AND FOUR OF SECTION 265.02 (CRIMINAL POSSESSION
5 OF A WEAPON IN THE THIRD DEGREE); SUBDIVISION ONE OF SECTION 125.15
6 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION 110.00 (ATTEMPT TO COMMIT A
7 CRIME) or defined in the penal law as an attempt to commit murder in the
8 second degree or kidnapping in the first degree, or such conduct as a
9 sexually motivated felony, where authorized pursuant to section 130.91
10 of the penal law.
11 S 4. Subdivision (a) of section 190.71 of the criminal procedure law,
12 as amended by chapter 7 of the laws of 2007, is amended to read as
13 follows:
14 (a) Except as provided in subdivision six of section 200.20 of this
15 chapter, a grand jury may not indict (i) a person thirteen years of age
16 for any conduct or crime other than conduct constituting a crime defined
17 in subdivisions one and two of section 125.25 (murder in the second
18 degree) or such conduct as a sexually motivated felony, where authorized
19 pursuant to section 130.91 of the penal law; (ii) a person fourteen or
20 fifteen years of age for any conduct or crime other than conduct consti-
21 tuting a crime defined in subdivisions one and two of section 125.25
22 (murder in the second degree) and in subdivision three of such section
23 provided that the underlying crime for the murder charge is one for
24 which such person is criminally responsible; 135.25 (kidnapping in the
25 first degree); 150.20 (arson in the first degree); subdivisions one and
26 two of section 120.10 (assault in the first degree); 125.20 (manslaught-
27 er in the first degree); subdivisions one and two of section 130.35
28 (rape in the first degree); subdivisions one and two of section 130.50
29 (criminal sexual act in the first degree); 130.70 (aggravated sexual
30 abuse in the first degree); 140.30 (burglary in the first degree);
31 subdivision one of section 140.25 (burglary in the second degree);
32 150.15 (arson in the second degree); 160.15 (robbery in the first
33 degree); subdivision two of section 160.10 (robbery in the second
34 degree) of the penal law; [subdivision four of section 265.02 of the
35 penal law, where such firearm is possessed on school grounds, as that
36 phrase is defined in subdivision fourteen of section 220.00 of the penal
37 law; or section 265.03 of the penal law, where such machine gun or such
38 firearm is possessed on school grounds, as that phrase is defined in
39 subdivision fourteen of section 220.00 of the penal law;] SUBDIVISIONS
40 TWO AND FOUR OF SECTION 265.02 (CRIMINAL POSSESSION OF A WEAPON IN THE
41 THIRD DEGREE); SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN THE
42 SECOND DEGREE); SECTION 110.00 (ATTEMPT TO COMMIT A CRIME) or defined in
43 the penal law as an attempt to commit murder in the second degree or
44 kidnapping in the first degree, or such conduct as a sexually motivated
45 felony, where authorized pursuant to section 130.91 of the penal law.
46 S 5. This act shall take effect on the first of November next succeed-
47 ing the date on which it shall have become a law.
