Bill Text: NY A08090 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to juvenile delinquency charges of violations in family court; provides that where an order of fact-finding has been issued that includes a violation committed by a juvenile sixteen years of age or, commencing on October 1, 2019, seventeen years of age, the records shall be sealed automatically without the necessity of a motion; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-01-08 - ordered to third reading cal.309 [A08090 Detail]
Download: New_York-2019-A08090-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8090--B 2019-2020 Regular Sessions IN ASSEMBLY May 31, 2019 ___________ Introduced by M. of A. DAVILA -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Children and Families -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Commit- tee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the family court act and the criminal procedure law, in relation to juvenile delinquency charges of violations in the family court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 301.2 of the family court act, as 2 amended by section 56 of part WWW of chapter 59 of the laws of 2017, is 3 amended to read as follows: 4 1. "Juvenile delinquent" means a person over seven and less than 5 [sixteen years of age, or commencing on October first, two thousand6eighteen a person over seven and less than] seventeen years of age, and 7 commencing October first, two thousand nineteen, a person over seven and 8 less than eighteen years of age, who, having committed an act that would 9 constitute a crime if committed by an adult, or (with respect to a 10 person over sixteen and less than seventeen years of age or, a person 11 over sixteen and less than eighteen years of age commencing October 12 first, two thousand nineteen) a violation as defined by subdivision 13 three of section 10.00 of the penal law if committed by an adult, where 14 such violation is alleged to have occurred in the same transaction or 15 occurrence of the alleged criminal act[, if committed by an adult], and 16 where such person: (a) is not criminally responsible for such conduct by 17 reason of infancy, or (b) is the defendant in an action ordered removed 18 from a criminal court to the family court pursuant to article seven 19 hundred twenty-five of the criminal procedure law. 20 § 2. Subdivision 3 of section 302.1 of the family court act, as added 21 by section 56-a of part WWW of chapter 59 of the laws of 2017, is 22 amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13096-06-9A. 8090--B 2 1 3. [Whenever] With respect to a youth over sixteen and less than 2 seventeen years of age or, a person over sixteen and less than eighteen 3 years of age commencing October first, two thousand nineteen, whenever a 4 crime and a violation arise out of the same transaction or occurrence, a 5 charge alleging both offenses shall be made returnable before the court 6 having jurisdiction over the crime. Nothing herein provided shall be 7 construed to prevent a court, having jurisdiction over a violation 8 relating to a criminal act from lawfully entering an order in accordance 9 with section 345.1 of this article where such order is not based upon 10 the count or counts of the petition alleging such criminal act. 11 § 3. Subdivision 3 of section 304.1 of the family court act, as 12 amended by section 59 of part WWW of chapter 59 of the laws of 2017, is 13 amended to read as follows: 14 3. The detention of a child under ten years of age in a secure 15 detention facility shall not be directed, nor shall the detention of a 16 child adjudicated solely for an act that would constitute a violation as 17 defined in subdivision three of section 10.00 of the penal law, be 18 directed under any of the provisions of this article. 19 § 4. Subdivision 13 of section 308.1 of the family court act, as added 20 by chapter 920 of the laws of 1982, is amended and a new subdivision 14 21 is added to read as follows: 22 13. The provisions of this section shall not apply where the petition 23 is an order of removal to the family court pursuant to article seven 24 hundred twenty-five of the criminal procedure law against a juvenile 25 offender as defined in subdivision eighteen of section 10.00 of the 26 penal law. 27 14. Notwithstanding subdivisions three, four and thirteen of this 28 section, the probation service may adjust a proceeding where the court 29 has referred a case to the probation service in accordance with section 30 320.6 of this article in conjunction with or subsequent to the issuance 31 of an order pursuant to subdivision one of section 345.1 of this article 32 where such order does not include a fact-finding for an act which would 33 constitute a juvenile offense, designated felony or offense listed in 34 subdivision four of this section. Where a proceeding has been referred 35 to the probation service in which an order issued pursuant to section 36 345.1 of this article consists solely of a violation as defined in 37 subdivision three of section 10.00 of the penal law committed by a juve- 38 nile sixteen years of age or, commencing on October first, two thousand 39 nineteen, seventeen years of age, the probation service shall adjust the 40 matter unless good cause is shown and is documented in its records. 41 § 5. Section 315.3 of the family court act is amended by adding a new 42 subdivision 4 to read as follows: 43 4. Where an order of fact-finding that includes solely a violation as 44 defined in subdivision three of section 10.00 of the penal law committed 45 by a juvenile sixteen years of age or, commencing on October first, two 46 thousand nineteen, seventeen years of age, has been entered pursuant to 47 section 345.1 of this article, there shall be a rebuttable presumption 48 that the court shall adjourn the case in contemplation of dismissal 49 pursuant to this section, refer the case to the probation service for 50 adjustment services pursuant to section 320.6 of this article or dismiss 51 the case pursuant to subdivision two of section 352.1 of this article. 52 § 6. Subdivision 2 of section 320.6 of the family court act, as 53 amended by chapter 926 of the laws of 1982, is amended to read as 54 follows: 55 2. At the initial appearance or at any subsequent appearance, the 56 court may[, with the consent of the victim or complainant and theA. 8090--B 3 1respondent,] refer a case to the probation service for adjustment 2 services. The probation service shall consider the views of the 3 complainant and the impact of the alleged act or acts of juvenile delin- 4 quency upon the complainant and upon the community in determining wheth- 5 er adjustment under this section would be suitable. In the case of a 6 designated felony petition, the consent of the presentment agency shall 7 [also] be required to refer a case to the probation [services] service 8 for adjustment services. Where an order of fact-finding that includes 9 solely a violation as defined in subdivision three of section 10.00 of 10 the penal law committed by a juvenile sixteen years of age or, commenc- 11 ing on October first, two thousand nineteen, seventeen years of age, has 12 been entered pursuant to section 345.1 of this article, there shall be a 13 rebuttable presumption that the court shall refer the case to the 14 probation service for adjustment services in accordance with this subdi- 15 vision, dismiss the case pursuant to subdivision two of section 352.1 of 16 this article or adjourn the case in contemplation of dismissal pursuant 17 to section 315.3 of this article. 18 § 7. Section 345.1 of the family court act is amended by adding a new 19 subdivision 3 to read as follows: 20 3. Where an order of fact-finding that includes solely a violation as 21 defined in subdivision three of section 10.00 of the penal law committed 22 by a juvenile sixteen years of age or, commencing on October first, two 23 thousand nineteen, seventeen years of age, has been entered pursuant to 24 subdivision one of this section, there shall be a rebuttable presumption 25 that the court shall refer the case to the probation service for adjust- 26 ment services in accordance with section 320.6 of this article, dismiss 27 the case pursuant to subdivision two of section 352.1 of this article or 28 adjourn the case in contemplation of dismissal pursuant to section 315.3 29 of this article. 30 § 8. Subdivision 1 of section 350.1 of the family court act, as 31 amended by chapter 398 of the laws of 1983, is amended to read as 32 follows: 33 1. If the respondent is detained and has not been found to have 34 committed a designated felony act the dispositional hearing shall 35 commence not more than ten days after the entry of an order pursuant to 36 subdivision one of section 345.1 of this article, except as provided in 37 subdivision three of this section; provided, however, that if the 38 respondent has been found to have committed solely a violation as 39 defined in subdivision three of section 10.00 of the penal law, the 40 respondent shall not be detained pending disposition. 41 § 9. Subdivision 4 of section 352.2 of the family court act, as added 42 by section 56-b of part WWW of chapter 59 of the laws of 2017, is 43 amended to read as follows: 44 4. Where a youth receives a juvenile delinquency adjudication for 45 conduct committed when the youth was [age] sixteen years of age or 46 [older], commencing on October first, two thousand nineteen, seventeen 47 years of age, that would solely constitute a violation as defined in 48 subdivision three of section 10.00 of the penal law and if the presump- 49 tion pursuant to subdivision three of section 345.1 of this article has 50 been rebutted, the court shall have the power to enter an order of 51 disposition in accordance with [paragraphs] paragraph (a) [and (b)] of 52 subdivision one of this section. The court shall not order detention, 53 probation or placement of a youth solely adjudicated under this subdivi- 54 sion. 55 § 10. Subdivision 6 of section 360.3 of the family court act, as added 56 by chapter 920 of the laws of 1982, is amended to read as follows:A. 8090--B 4 1 6. At the conclusion of the hearing the court may revoke, continue or 2 modify the order of probation or conditional discharge. If the court 3 revokes the order, it shall order a different disposition pursuant to 4 section 352.2 of this article provided, however, that if the court finds 5 a violation of an order of conditional discharge where the underlying 6 finding had been for an act solely constituting a violation as defined 7 in subdivision three of section 10.00 of the penal law, the court may 8 modify the conditions of the conditional discharge but may not order any 9 other disposition under section 352.2 of this article. If the court 10 continues the order of probation or conditional discharge, it shall 11 dismiss the petition of violation. 12 § 11. Section 375.2 of the family court act is amended by adding a new 13 subdivision 7 to read as follows: 14 7. Where an order of fact-finding has been issued pursuant to subdivi- 15 sion one of section 345.1 of this article that includes solely a 16 violation as defined in subdivision three of section 10.00 of the penal 17 law committed by a juvenile sixteen years of age or, commencing on Octo- 18 ber first, two thousand nineteen, seventeen years of age, the records 19 shall be sealed automatically at the expiration, as applicable, of a 20 successful period of an adjustment, adjournment in contemplation of 21 dismissal or conditional discharge. 22 § 12. Subdivision 1 of section 510.15 of the criminal procedure law, 23 as amended by section 36 of part WWW of chapter 59 of the laws of 2017, 24 is amended to read as follows: 25 1. When a principal who is under the age of sixteen is committed to 26 the custody of the sheriff the court must direct that the principal be 27 taken to and lodged in a place certified by the office of children and 28 family services as a juvenile detention facility for the reception of 29 children. When a principal who (a) commencing October first, two thou- 30 sand eighteen, is sixteen years of age; or (b) commencing October first, 31 two thousand nineteen, is sixteen or seventeen years of age, is commit- 32 ted to the custody of the sheriff, the court must direct that the prin- 33 cipal be taken to and lodged in a place certified by the office of chil- 34 dren and family services in conjunction with the state commission of 35 correction as a specialized secure juvenile detention facility for older 36 youth. Where such a direction is made the sheriff shall deliver the 37 principal in accordance therewith and such person shall although lodged 38 and cared for in a juvenile detention facility continue to be deemed to 39 be in the custody of the sheriff. No principal under the age specified 40 to whom the provisions of this section may apply shall be detained in 41 any prison, jail, lockup, or other place used for adults convicted of a 42 crime or under arrest and charged with the commission of a crime without 43 the approval of the office of children and family services which shall 44 consult with the commission of correction if the principal is sixteen 45 years of age or older in the case of each principal and the statement of 46 its reasons therefor; nor shall a principal under the age specified who 47 is charged solely with a violation as defined in subdivision three of 48 section 10.00 of the penal law be subject to detention. The sheriff 49 shall not be liable for any acts done to or by such principal resulting 50 from negligence in the detention of and care for such principal, when 51 the principal is not in the actual custody of the sheriff. 52 § 13. This act shall take effect immediately.
