Bill Text: NY A08315 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 8315 (Prior Session Legislation)

Introduced

Bill Title: Relates to proceedings against juvenile and adolescent offenders and allowing district attorneys to remove such offenders to family court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-08-30 - SIGNED CHAP.240 [A08315 Detail]

Download: New_York-2019-A08315-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8315

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 13, 2019
                                       ___________

        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes

        AN  ACT  to amend the criminal procedure law, in relation to proceedings
          against juvenile and adolescent offenders

          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 722.20 of the criminal procedure
     2  law, as added by section 1-a of part WWW of chapter 59 of  the  laws  of
     3  2017, is amended to read as follows:
     4    1.  When  a  juvenile  offender  is arraigned before a youth part, the
     5  provisions of this section shall apply. If the  youth  part  is  not  in
     6  session,  the  defendant  shall  be  brought  before the most accessible
     7  magistrate designated by the appellate division of the supreme court  to
     8  act  as  a  youth part for the purpose of making a determination whether
     9  such juvenile shall be detained or, with the  consent  of  the  district
    10  attorney,  immediately  removed  to  family  court.  If the defendant is
    11  ordered to be detained, he or she  shall  be  brought  before  the  next
    12  session  of  the youth part. If the defendant is not detained, he or she
    13  shall be ordered to appear at the next session of the youth part or  the
    14  family court.
    15    § 2. Subdivision 1 of section 722.21 of the criminal procedure law, as
    16  added  by  section 1-a of part WWW of chapter 59 of the laws of 2017, is
    17  amended to read as follows:
    18    1. When an adolescent offender is arraigned before a youth  part,  the
    19  provisions  of  this  section  shall  apply. If the youth part is not in
    20  session, the defendant shall  be  brought  before  the  most  accessible
    21  magistrate  designated by the appellate division of the supreme court to
    22  act as a youth part for the purpose of making  a  determination  whether
    23  such  adolescent  offender shall be detained or, with the consent of the
    24  district attorney, immediately removed to family court. If the defendant
    25  is ordered to be detained, he or she shall be brought  before  the  next

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13353-02-9

        A. 8315                             2

     1  session  of  the youth part. If the defendant is not detained, he or she
     2  shall be ordered to appear at the next session of the youth part, family
     3  court or the local probation department.
     4    §  3.  This  act  shall  take  effect on the same date and in the same
     5  manner as section 1-a of part WWW of chapter 59 of  the  laws  of  2017,
     6  takes effect.