Bill Text: NY A05703 | 2019-2020 | General Assembly | Introduced
Bill Title: Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.
Spectrum: Strong Partisan Bill (Republican 18-1)
Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A05703 Detail]
Download: New_York-2019-A05703-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5703 2019-2020 Regular Sessions IN ASSEMBLY February 14, 2019 ___________ Introduced by M. of A. GIGLIO, BRABENEC, DeSTEFANO, FINCH, KOLB, LAWRENCE, McDONOUGH, B. MILLER, MORINELLO, RAIA, REILLY, SAYEGH, TAGUE -- Multi-Sponsored by -- M. of A. CROUCH, HAWLEY, MIKULIN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the penal law and the family court act, in relation to providing juvenile offender status to persons thirteen, fourteen or fifteen years of age who have committed certain sex offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 42 of section 1.20 of the criminal procedure 2 law, as amended by chapter 7 of the laws of 2007, is amended to read as 3 follows: 4 42. "Juvenile offender" means (1) a person, thirteen years old who is 5 criminally responsible for acts constituting murder in the second degree 6 as defined in subdivisions one and two of section 125.25 of the penal 7 law[,]; subdivisions one and two of section 130.35 (rape in the first 8 degree); subdivisions one and two of section 130.50 (criminal sexual act 9 in the first degree); section 130.70 (aggravated sexual abuse in the 10 first degree) of the penal law; or such conduct as a sexually motivated 11 felony, where authorized pursuant to section 130.91 of the penal law; 12 and (2) a person fourteen or fifteen years old who is criminally respon- 13 sible for acts constituting the crimes defined in subdivisions one and 14 two of section 125.25 (murder in the second degree) and in subdivision 15 three of such section provided that the underlying crime for the murder 16 charge is one for which such person is criminally responsible; section 17 135.25 (kidnapping in the first degree); 150.20 (arson in the first 18 degree); subdivisions one and two of section 120.10 (assault in the 19 first degree); 125.20 (manslaughter in the first degree); subdivisions 20 one and two of section 130.35 (rape in the first degree); subdivisions 21 one and two of section 130.50 (criminal sexual act in the first degree); EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06874-01-9A. 5703 2 1 section 130.66 (aggravated sexual abuse in the third degree); section 2 130.67 (aggravated sexual abuse in the second degree); 130.70 (aggra- 3 vated sexual abuse in the first degree); 140.30 (burglary in the first 4 degree); subdivision one of section 140.25 (burglary in the second 5 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 6 first degree); subdivision two of section 160.10 (robbery in the second 7 degree) of the penal law; or section 265.03 of the penal law, where such 8 machine gun or such firearm is possessed on school grounds, as that 9 phrase is defined in subdivision fourteen of section 220.00 of the penal 10 law; or defined in the penal law as an attempt to commit murder in the 11 second degree or kidnapping in the first degree, or such conduct as a 12 sexually motivated felony, where authorized pursuant to section 130.91 13 of the penal law. 14 § 2. Subdivision (a) of section 190.71 of the criminal procedure law, 15 as amended by chapter 7 of the laws of 2007, is amended to read as 16 follows: 17 (a) Except as provided in subdivision six of section 200.20 of this 18 chapter, a grand jury may not indict (i) a person thirteen years of age 19 for any conduct or crime other than conduct constituting a crime defined 20 in subdivisions one and two of section 125.25 (murder in the second 21 degree); subdivisions one and two of section 130.35 (rape in the first 22 degree); subdivisions one and two of section 130.50 (criminal sexual act 23 in the first degree); section 130.70 (aggravated sexual abuse in the 24 first degree); or such conduct as a sexually motivated felony, where 25 authorized pursuant to section 130.91 of the penal law; (ii) a person 26 fourteen or fifteen years of age for any conduct or crime other than 27 conduct constituting a crime defined in subdivisions one and two of 28 section 125.25 (murder in the second degree) and in subdivision three of 29 such section provided that the underlying crime for the murder charge is 30 one for which such person is criminally responsible; 135.25 (kidnapping 31 in the first degree); 150.20 (arson in the first degree); subdivisions 32 one and two of section 120.10 (assault in the first degree); 125.20 33 (manslaughter in the first degree); subdivisions one and two of section 34 130.35 (rape in the first degree); subdivisions one and two of section 35 130.50 (criminal sexual act in the first degree); section 130.66 (aggra- 36 vated sexual abuse in the third degree); section 130.67 (aggravated 37 sexual abuse in the second degree); 130.70 (aggravated sexual abuse in 38 the first degree); 140.30 (burglary in the first degree); subdivision 39 one of section 140.25 (burglary in the second degree); 150.15 (arson in 40 the second degree); 160.15 (robbery in the first degree); subdivision 41 two of section 160.10 (robbery in the second degree) of the penal law; 42 subdivision four of section 265.02 of the penal law, where such firearm 43 is possessed on school grounds, as that phrase is defined in subdivision 44 fourteen of section 220.00 of the penal law; or section 265.03 of the 45 penal law, where such machine gun or such firearm is possessed on school 46 grounds, as that phrase is defined in subdivision fourteen of section 47 220.00 of the penal law; or defined in the penal law as an attempt to 48 commit murder in the second degree or kidnapping in the first degree, or 49 such conduct as a sexually motivated felony, where authorized pursuant 50 to section 130.91 of the penal law. 51 § 3. Subdivision 18 of section 10.00 of the penal law, as amended by 52 chapter 7 of the laws of 2007, is amended to read as follows: 53 18. "Juvenile offender" means (1) a person thirteen years old who is 54 criminally responsible for acts constituting murder in the second degree 55 as defined in subdivisions one and two of section 125.25 of this 56 chapter; subdivisions one and two of section 130.35 (rape in the firstA. 5703 3 1 degree); subdivisions one and two of section 130.50 (criminal sexual act 2 in the first degree); section 130.70 (aggravated sexual abuse in the 3 first degree) of this chapter; or such conduct as a sexually motivated 4 felony, where authorized pursuant to section 130.91 of [the penal law] 5 this chapter; and 6 (2) a person fourteen or fifteen years old who is criminally responsi- 7 ble for acts constituting the crimes defined in subdivisions one and two 8 of section 125.25 (murder in the second degree) and in subdivision three 9 of such section provided that the underlying crime for the murder charge 10 is one for which such person is criminally responsible; section 135.25 11 (kidnapping in the first degree); 150.20 (arson in the first degree); 12 subdivisions one and two of section 120.10 (assault in the first 13 degree); 125.20 (manslaughter in the first degree); subdivisions one and 14 two of section 130.35 (rape in the first degree); subdivisions one and 15 two of section 130.50 (criminal sexual act in the first degree); section 16 130.66 (aggravated sexual abuse in the third degree); section 130.67 17 (aggravated sexual abuse in the second degree); 130.70 (aggravated sexu- 18 al abuse in the first degree); 140.30 (burglary in the first degree); 19 subdivision one of section 140.25 (burglary in the second degree); 20 150.15 (arson in the second degree); 160.15 (robbery in the first 21 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; or defined in this chapter as an attempt to commit murder in 26 the second degree or kidnapping in the first degree, or such conduct as 27 a sexually motivated felony, where authorized pursuant to section 130.91 28 of [the penal law] this chapter. 29 § 4. Subdivision 2 of section 30.00 of the penal law, as amended by 30 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 31 read as follows: 32 2. A person thirteen, fourteen or, fifteen years of age is criminally 33 responsible for acts constituting murder in the second degree as defined 34 in subdivisions one and two of section 125.25 and in subdivision three 35 of such section provided that the underlying crime for the murder charge 36 is one for which such person is criminally responsible or for such 37 conduct as a sexually motivated felony, where authorized pursuant to 38 section 130.91 of this chapter; a person thirteen years of age is 39 criminally responsible for acts constituting the crimes defined in 40 subdivisions one and two of section 130.25(rape in the first degree); 41 subdivisions one and two of section 130.50 (criminal sexual act in the 42 first degree); and section 130.70 (aggravated sexual abuse in the first 43 degree) of this chapter; and a person fourteen or, fifteen years of age 44 is criminally responsible for acts constituting the crimes defined in 45 section 135.25 (kidnapping in the first degree); 150.20 (arson in the 46 first degree); subdivisions one and two of section 120.10 (assault in 47 the first degree); 125.20 (manslaughter in the first degree); subdivi- 48 sions one and two of section 130.35 (rape in the first degree); subdivi- 49 sions one and two of section 130.50 (criminal sexual act in the first 50 degree); section 130.66 (aggravated sexual abuse in the third degree); 51 section 130.67 (aggravated sexual abuse in the second degree); 130.70 52 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 53 first degree); subdivision one of section 140.25 (burglary in the second 54 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 55 first degree); subdivision two of section 160.10 (robbery in the second 56 degree) of this chapter; or section 265.03 of this chapter, where suchA. 5703 4 1 machine gun or such firearm is possessed on school grounds, as that 2 phrase is defined in subdivision fourteen of section 220.00 of this 3 chapter; or defined in this chapter as an attempt to commit murder in 4 the second degree or kidnapping in the first degree, or for such conduct 5 as a sexually motivated felony, where authorized pursuant to section 6 130.91 of this chapter. 7 § 5. Subdivision 8 of section 301.2 of the family court act, as 8 amended by section 57 of part WWW of chapter 59 of the laws of 2017, is 9 amended to read as follows: 10 8. "Designated felony act" means an act which, if done by an adult, 11 would be a crime: (i) defined in sections 125.27 (murder in the first 12 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 13 first degree); or 150.20 (arson in the first degree) of the penal law 14 committed by a person thirteen, fourteen, fifteen, or sixteen, or 15 commencing October first, two thousand nineteen, seventeen years of age; 16 or such conduct committed as a sexually motivated felony, where author- 17 ized pursuant to section 130.91 of the penal law; (ii) defined in 18 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 19 the first degree); 130.35 (rape in the first degree); 130.50 (criminal 20 sexual act in the first degree); 130.66 (aggravated sexual abuse in the 21 third degree); 130.67 (aggravated sexual abuse in the second degree); 22 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping 23 in the second degree) but only where the abduction involved the use or 24 threat of use of deadly physical force; 150.15 (arson in the second 25 degree) or 160.15 (robbery in the first degree) of the penal law commit- 26 ted by a person thirteen, fourteen, fifteen, or sixteen, or, commencing 27 October first, two thousand nineteen, seventeen years of age; or such 28 conduct committed as a sexually motivated felony, where authorized 29 pursuant to section 130.91 of the penal law; (iii) defined in the penal 30 law as an attempt to commit murder in the first or second degree or 31 kidnapping in the first degree committed by a person thirteen, fourteen, 32 fifteen, or sixteen, or commencing October first, two thousand nineteen, 33 seventeen years of age; or such conduct committed as a sexually moti- 34 vated felony, where authorized pursuant to section 130.91 of the penal 35 law; (iv) defined in section 140.30 (burglary in the first degree); 36 subdivision one of section 140.25 (burglary in the second degree); 37 subdivision two of section 160.10 (robbery in the second degree) of the 38 penal law; or section 265.03 of the penal law, where such machine gun or 39 such firearm is possessed on school grounds, as that phrase is defined 40 in subdivision fourteen of section 220.00 of the penal law committed by 41 a person fourteen or fifteen years of age; or such conduct committed as 42 a sexually motivated felony, where authorized pursuant to section 130.91 43 of the penal law; (v) defined in section 120.05 (assault in the second 44 degree) or 160.10 (robbery in the second degree) of the penal law 45 committed by a person fourteen, fifteen, or sixteen or, commencing Octo- 46 ber first, two thousand nineteen, seventeen years of age but only where 47 there has been a prior finding by a court that such person has previous- 48 ly committed an act which, if committed by an adult, would be the crime 49 of assault in the second degree, robbery in the second degree or any 50 designated felony act specified in paragraph (i), (ii), or (iii) of this 51 subdivision regardless of the age of such person at the time of the 52 commission of the prior act; (vi) other than a misdemeanor committed by 53 a person at least seven but less than seventeen years of age, and 54 commencing October first, two thousand nineteen, a person at least seven 55 but less than eighteen years of age, but only where there has been twoA. 5703 5 1 prior findings by the court that such person has committed a prior felo- 2 ny. 3 § 6. This act shall take effect on the first of November next succeed- 4 ing the date on which it shall have become a law.
