Bill Text: NY A07066 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-13 - print number 7066a [A07066 Detail]

Download: New_York-2023-A07066-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7066--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the criminal procedure law, in relation to  the  court's
          consideration  of  the  existence  of  extraordinary circumstances and
          significant physical injury in determining whether to  remove  adoles-
          cent offenders to family court

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (d) of subdivision 1 of  section  722.23  of  the
     2  criminal  procedure  law, as added by section 1-a of part WWW of chapter
     3  59 of the laws of 2017, is amended to read as follows:
     4    (d) The court shall deny the motion to prevent removal of  the  action
     5  in youth part unless the court makes a determination upon such motion by
     6  the district attorney that extraordinary circumstances exist that should
     7  prevent the transfer of the action to family court.  For the purposes of
     8  this  paragraph,  the  term "extraordinary circumstances" shall mean the
     9  existence of highly unusual and heinous  facts  or  multiple  events  of
    10  criminality,  in  addition  to  strong  proof  that the defendant is not
    11  amenable or would not benefit in any way from transfer of the action  to
    12  family  court.   Factors that shall be considered by the court in deter-
    13  mining whether extraordinary  circumstances  exist  shall  include,  but
    14  shall not be limited to, whether the defendant:
    15    (i)  committed a series of crimes over multiple days in close proximi-
    16  ty;
    17    (ii) acted in an especially cruel and heinous manner; or
    18    (iii) led, threatened, or coerced  other  reluctant  adolescents  into
    19  participating in the crime or crimes which are the basis of the action.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10992-02-4
        A. 7066--A                          2

     1    §  2. Subdivision 2 of section 722.23 of the criminal procedure law is
     2  amended by adding a new paragraph (c-1) to read as follows:
     3    (c-1)  For the purposes of paragraph (c) of this subdivision, the term
     4  "significant physical injury" shall mean physical injury that involves a
     5  risk of death, protracted substantial pain or impairment of  a  physical
     6  condition, protracted and obvious disfigurement, or a protracted loss or
     7  impairment  of  the  function  of  a  bodily member, organ, or mental or
     8  sensory faculty.
     9    § 3. This act shall take effect on the first of November next succeed-
    10  ing the date upon which it shall have become a law.