Bill Text: NY A09424 | 2011-2012 | General Assembly | Introduced
Bill Title: Raises the age of criminal responsibility to eighteen years of age.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-03-01 - referred to codes [A09424 Detail]
Download: New_York-2011-A09424-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9424 I N A S S E M B L Y March 1, 2012 ___________ Introduced by M. of A. LENTOL, WEINSTEIN, AUBRY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the executive law, the fami- ly court act and the penal law, in relation to raising the age of criminal responsibility; and to repeal certain provisions of the crim- inal procedure law, relating thereto 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, WHERE PROSECUTION IS AUTHORIZED BY LAW, 5 INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THIS CHAPTER AND SECTION 6 325.5 OF THE FAMILY COURT ACT: (1) a person, thirteen years old who is 7 criminally responsible for acts constituting murder in the second degree 8 as defined in subdivisions one and two of section 125.25 of the penal 9 law, or such conduct as a sexually motivated felony, where authorized 10 pursuant to section 130.91 of the penal law; and (2) a person fourteen 11 [or], fifteen, SIXTEEN, OR SEVENTEEN years old who is criminally respon- 12 sible for acts constituting the crimes defined in subdivisions one and 13 two of section 125.25 (murder in the second degree) and in subdivision 14 three of such section provided that the underlying crime for the murder 15 charge is one for which such person is criminally responsible; section 16 135.25 (kidnapping in the first degree); 150.20 (arson in the first 17 degree); subdivisions one and two of section 120.10 (assault in the 18 first degree); 125.20 (manslaughter in the first degree); subdivisions 19 one and two of section 130.35 (rape in the first degree); subdivisions 20 one and two of section 130.50 (criminal sexual act in the first degree); 21 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary 22 in the first degree); subdivision one of section 140.25 (burglary in the 23 second degree); 150.15 (arson in the second degree); 160.15 (robbery in 24 the first degree); subdivision two of section 160.10 (robbery in the 25 second degree) of the penal law; or section 265.03 of the penal law, 26 where such machine gun or such firearm is possessed on school grounds, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13865-05-2 A. 9424 2 1 as that phrase is defined in subdivision fourteen of section 220.00 of 2 the penal law; or defined in the penal law as an attempt to commit 3 murder in the second degree or kidnapping in the first degree, or such 4 conduct as a sexually motivated felony, where authorized pursuant to 5 section 130.91 of the penal law. 6 S 2. Paragraphs (a) and (b) of subdivision 3 and subdivision 5 of 7 section 180.75 of the criminal procedure law, paragraph (a) of subdivi- 8 sion 3 as added by chapter 481 of the laws of 1978, paragraph (b) of 9 subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi- 10 sion 5 as added by chapter 411 of the laws of 1979, are amended to read 11 as follows: 12 (a) If there is reasonable cause to believe that the defendant commit- 13 ted a crime for which a person under the age of [sixteen] EIGHTEEN is 14 criminally responsible, the court must order that the defendant be held 15 for the action of a grand jury of the appropriate superior court, and it 16 must promptly transmit to such superior court the order, the felony 17 complaint, the supporting depositions and all other pertinent documents. 18 Until such papers are received by the superior court, the action is 19 deemed to be still pending in the local criminal court; or 20 (b) If there is not reasonable cause to believe that the defendant 21 committed a crime for which a person under the age of [sixteen] EIGHTEEN 22 is criminally responsible but there is reasonable cause to believe that 23 the defendant is a "juvenile delinquent" as defined in subdivision one 24 of section 301.2 of the family court act, the court must specify the act 25 or acts it found reasonable cause to believe the defendant did and 26 direct that the action be removed to the family court in accordance with 27 the provisions of article seven hundred twenty-five of this chapter; or 28 5. Notwithstanding the provisions of subdivision two, three, or four, 29 if a currently undetermined felony complaint against a juvenile offender 30 is pending in a local criminal court, and the defendant has not waived a 31 hearing pursuant to subdivision two and a hearing pursuant to subdivi- 32 sion three has not commenced, the defendant may move in the superior 33 court which would exercise the trial jurisdiction of the offense or 34 offenses charged were an indictment therefor to result, to remove the 35 action to family court. The procedural rules of subdivisions one and two 36 of section 210.45 of this chapter are applicable to a motion pursuant to 37 this subdivision. Upon such motion, the superior court shall be author- 38 ized to sit as a local criminal court to exercise the preliminary juris- 39 diction specified in subdivisions two and three of this section, and 40 shall proceed and determine the motion as provided in section 210.43 of 41 this chapter[; provided, however, that the exception provisions of para- 42 graph (b) of subdivision one of such section 210.43 shall not apply when 43 there is not reasonable cause to believe that the juvenile offender 44 committed one or more of the crimes enumerated therein, and in such 45 event the provisions of paragraph (a) thereof shall apply]. 46 S 3. Subdivisions (a), (b) and (c) of section 190.71 of the criminal 47 procedure law, subdivision (a) as amended by chapter 7 of the laws of 48 2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of 49 1978, are amended to read as follows: 50 (a) Except as provided in subdivision six of section 200.20 of this 51 chapter, a grand jury may not indict (i) a person thirteen years of age 52 for any conduct or crime other than conduct constituting a crime defined 53 in subdivisions one and two of section 125.25 (murder in the second 54 degree) or such conduct as a sexually motivated felony, where authorized 55 pursuant to section 130.91 of the penal law; (ii) a person fourteen 56 [or], fifteen, SIXTEEN OR SEVENTEEN years of age for any conduct or A. 9424 3 1 crime other than conduct constituting a crime defined in subdivisions 2 one and two of section 125.25 (murder in the second degree) and in 3 subdivision three of such section provided that the underlying crime for 4 the murder charge is one for which such person is criminally responsi- 5 ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first 6 degree); subdivisions one and two of section 120.10 (assault in the 7 first degree); 125.20 (manslaughter in the first degree); subdivisions 8 one and two of section 130.35 (rape in the first degree); subdivisions 9 one and two of section 130.50 (criminal sexual act in the first degree); 10 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary 11 in the first degree); subdivision one of section 140.25 (burglary in the 12 second degree); 150.15 (arson in the second degree); 160.15 (robbery in 13 the first degree); subdivision two of section 160.10 (robbery in the 14 second degree) of the penal law; subdivision four of section 265.02 of 15 the penal law, where such firearm is possessed on school grounds, as 16 that phrase is defined in subdivision fourteen of section 220.00 of the 17 penal law; or section 265.03 of the penal law, where such machine gun or 18 such firearm is possessed on school grounds, as that phrase is defined 19 in subdivision fourteen of section 220.00 of the penal law; or defined 20 in the penal law as an attempt to commit murder in the second degree or 21 kidnapping in the first degree, or such conduct as a sexually motivated 22 felony, where authorized pursuant to section 130.91 of the penal law. 23 (b) A grand jury may vote to file a request to remove a charge to the 24 family court if it finds that a person thirteen, fourteen [or], fifteen, 25 SIXTEEN OR SEVENTEEN years of age did an act which, if done by a person 26 over the age of [sixteen] EIGHTEEN, would constitute a crime provided 27 (1) such act is one for which it may not indict; (2) it does not indict 28 such person for a crime; and (3) the evidence before it is legally 29 sufficient to establish that such person did such act and competent and 30 admissible evidence before it provides reasonable cause to believe that 31 such person did such act. 32 (c) Upon voting to remove a charge to the family court pursuant to 33 subdivision (b) of this section, the grand jury must, through its fore- 34 man or acting foreman, file a request to transfer such charge to the 35 family court. Such request shall be filed with the court by which it was 36 impaneled. It must (1) allege that a person named therein did any act 37 which, if done by a person over the age of [sixteen] EIGHTEEN, would 38 constitute a crime; (2) specify the act and the time and place of its 39 commission; and (3) be signed by the foreman or the acting foreman. 40 S 4. Subdivision 6 of section 200.20 of the criminal procedure law, as 41 added by chapter 136 of the laws of 1980, is amended to read as follows: 42 6. Where an indictment charges at least one offense against a defend- 43 ant who was under the age of [sixteen] EIGHTEEN at the time of the 44 commission of the crime and who did not lack criminal responsibility for 45 such crime by reason of infancy, the indictment may, in addition, charge 46 in separate counts one or more other offenses for which such person 47 would not have been criminally responsible by reason of infancy, if: 48 (a) the offense for which the defendant is criminally responsible and 49 the one or more other offenses for which he would not have been crimi- 50 nally responsible by reason of infancy are based upon the same act or 51 upon the same criminal transaction, as that term is defined in subdivi- 52 sion two of section 40.10 of this chapter; or 53 (b) the offenses are of such nature that either proof of the first 54 offense would be material and admissible as evidence in chief upon a 55 trial of the second, or proof of the second would be material and admis- 56 sible as evidence in chief upon a trial of the first. A. 9424 4 1 S 5. Subdivision 5 of section 210.20 of the criminal procedure law, as 2 added by chapter 136 of the laws of 1980, is amended to read as follows: 3 5. If the court dismisses one or more counts of an indictment, against 4 a defendant who was under the age of [sixteen] EIGHTEEN at the time of 5 the commission of the crime and who did not lack criminal responsibility 6 for such crime by reason of infancy, and one or more other counts of the 7 indictment having been joined in the indictment solely with the 8 dismissed count pursuant to subdivision six of section 200.20 is not 9 dismissed, the court must direct that such count be removed to the fami- 10 ly court in accordance with article seven hundred twenty-five of this 11 chapter. 12 S 6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal 13 procedure law, as amended by chapter 264 of the laws of 2003, is amended 14 to read as follows: 15 (b) [with the consent of the district attorney,] order removal of an 16 action involving an indictment charging a juvenile offender with murder 17 in the second degree as defined in section 125.25 of the penal law; rape 18 in the first degree, as defined in subdivision one of section 130.35 of 19 the penal law; criminal sexual act in the first degree, as defined in 20 subdivision one of section 130.50 of the penal law; or an armed felony 21 as defined in paragraph (a) of subdivision forty-one of section 1.20, to 22 the family court pursuant to the provisions of article seven hundred 23 twenty-five of this chapter if the court finds one or more of the 24 following factors: (i) mitigating circumstances that bear directly upon 25 the manner in which the crime was committed; (ii) where the defendant 26 was not the sole participant in the crime, the defendant's participation 27 was relatively minor although not so minor as to constitute a defense to 28 the prosecution; or (iii) possible deficiencies in the proof of the 29 crime, and, after consideration of the factors set forth in subdivision 30 two of this section, the court determined that removal of the action to 31 the family court would be in the interests of justice. 32 S 7. Subparagraphs (i), (iii) and the second undesignated paragraph of 33 paragraph (g) of subdivision 5 of section 220.10 of the criminal proce- 34 dure law, subparagraph (i) as amended by chapter 410 of the laws of 35 1979, subparagraph (iii) as amended by chapter 264 of the laws of 2003 36 and the second undesignated paragraph as amended by chapter 920 of the 37 laws of 1982, are amended to read as follows: 38 (i) If the indictment charges a person fourteen [or] fifteen, SIXTEEN 39 OR SEVENTEEN years old with the crime of murder in the second degree any 40 plea of guilty entered pursuant to subdivision three or four must be a 41 plea of guilty of a crime for which the defendant is criminally respon- 42 sible; 43 (iii) Where the indictment does not charge a crime specified in 44 subparagraph (i) of this paragraph, the district attorney may recommend 45 removal of the action to the family court. Upon making such recommenda- 46 tion the district attorney shall submit a subscribed memorandum setting 47 forth: (1) a recommendation that the interests of justice would best be 48 served by removal of the action to the family court; and (2) if the 49 indictment charges a thirteen year old with the crime of murder in the 50 second degree, or a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN year 51 old with the crimes of rape in the first degree as defined in subdivi- 52 sion one of section 130.35 of the penal law, or criminal sexual act in 53 the first degree as defined in subdivision one of section 130.50 of the 54 penal law, or an armed felony as defined in paragraph (a) of subdivision 55 forty-one of section 1.20 of this chapter specific factors, one or more 56 of which reasonably supports the recommendation, showing, (i) mitigating A. 9424 5 1 circumstances that bear directly upon the manner in which the crime was 2 committed, or (ii) where the defendant was not the sole participant in 3 the crime, that the defendant's participation was relatively minor 4 although not so minor as to constitute a defense to the prosecution, or 5 (iii) possible deficiencies in proof of the crime, or (iv) where the 6 juvenile offender has no previous adjudications of having committed a 7 designated felony act, as defined in subdivision eight of section 301.2 8 of the family court act, regardless of the age of the offender at the 9 time of commission of the act, that the criminal act was not part of a 10 pattern of criminal behavior and, in view of the history of the offen- 11 der, is not likely to be repeated. 12 If the court is of the opinion [based on specific factors set forth in 13 the district attorney's memorandum] that the interests of justice would 14 best be served by removal of the action to the family court, a plea of 15 guilty of a crime or act for which the defendant is not criminally 16 responsible may be entered pursuant to subdivision three or four of this 17 section, except that a thirteen year old charged with the crime of 18 murder in the second degree may only plead to a designated felony act, 19 as defined in subdivision eight of section 301.2 of the family court 20 act. 21 S 8. Subdivision 5 of section 300.50 of the criminal procedure law, 22 as added by chapter 481 of the laws of 1978, is amended to read as 23 follows: 24 5. Where the indictment charges a crime committed by the defendant 25 while he OR SHE was under the age of [sixteen] EIGHTEEN but a lesser 26 included offense would be one for which the defendant is not criminally 27 responsible by reason of infancy, such lessor included offense may 28 nevertheless be submitted to the jury in the same manner as an offense 29 for which the defendant would be criminally responsible notwithstanding 30 the fact that a verdict of guilty would not result in a criminal 31 conviction. 32 S 9. Section 330.25 of the criminal procedure law, as added by chapter 33 481 of the laws of 1978, and subdivision 2 as amended by chapter 920 of 34 the laws of 1982, is amended to read as follows: 35 S 330.25 Removal after verdict. 36 1. Where a defendant is a juvenile offender who does not stand 37 convicted of murder in the second degree, upon motion [and with the 38 consent of the district attorney], the action may be removed to the 39 family court in the interests of justice pursuant to article seven 40 hundred twenty-five of this chapter notwithstanding the verdict. 41 2. [If the district attorney consents to the motion for removal pursu- 42 ant to this section, he shall file a subscribed memorandum with the 43 court setting forth (1) a recommendation that] IN DETERMINING THE 44 MOTION, THE COURT SHALL CONSIDER: (1) WHETHER the interests of justice 45 would best be served by removal of the action to the family court; and 46 (2) if the conviction is of an offense set forth in paragraph (b) of 47 subdivision one of section 210.43 of this chapter, WHETHER specific 48 factors EXIST, one or more of which reasonably [support] SUPPORTS the 49 [recommendation] MOTION, showing, (i) mitigating circumstances that bear 50 directly upon the manner in which the crime was committed, or (ii) where 51 the defendant was not the sole participant in the crime, that the 52 defendant's participation was relatively minor although not so minor as 53 to constitute a defense to prosecution, or (iii) where the juvenile 54 offender has no previous adjudications of having committed a designated 55 felony act, as defined in subdivision eight of section 301.2 of the 56 family court act, regardless of the age of the offender at the time of A. 9424 6 1 commission of the act, that the criminal act was not part of a pattern 2 of criminal behavior and, in view of the history of the offender, is not 3 likely to be repeated. 4 3. If the court is of the opinion, based upon the specific factors 5 [set forth in the district attorney's memorandum] SHOWN TO THE COURT, 6 that the interests of justice would best be served by removal of the 7 action to the family court, the verdict shall be set aside and a plea of 8 guilty of a crime or act for which the defendant is not criminally 9 responsible may be entered pursuant to subdivision three or four of 10 section 220.10 of this chapter. Upon accepting any such plea, the court 11 must specify upon the record the [portion or portions of the district 12 attorney's statement] FACTORS the court is relying upon as the basis of 13 its opinion and that it believes the interests of justice would best be 14 served by removal of the proceeding to the family court. Such plea 15 shall then be deemed to be a juvenile delinquency fact determination and 16 the court upon entry thereof must direct that the action be removed to 17 the family court in accordance with the provisions of article seven 18 hundred twenty-five of this chapter. 19 S 10. Section 510.15 of the criminal procedure law, as amended by 20 chapter 411 of the laws of 1979, subdivision 1 as designated and subdi- 21 vision 2 as added by chapter 359 of the laws of 1980, is amended to read 22 as follows: 23 S 510.15 Commitment of principal under [sixteen] EIGHTEEN. 24 1. When a principal who is under the age of [sixteen] EIGHTEEN is 25 committed to the custody of the sheriff the court must direct that the 26 principal be taken to and lodged in a place certified by the state 27 [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juve- 28 nile detention facility for the reception of children. Where such a 29 direction is made the sheriff shall deliver the principal in accordance 30 therewith and such person shall although lodged and cared for in a juve- 31 nile detention facility continue to be deemed to be in the custody of 32 the sheriff. No principal under the age of [sixteen] EIGHTEEN to whom 33 the provisions of this section may apply shall be detained in any pris- 34 on, jail, lockup, or other place used for adults convicted of a crime or 35 under arrest and charged with the commission of a crime without the 36 approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY 37 SERVICES in the case of each principal and the statement of its reasons 38 therefor. The sheriff shall not be liable for any acts done to or by 39 such principal resulting from negligence in the detention of and care 40 for such principal, when the principal is not in the actual custody of 41 the sheriff. 42 2. Except upon consent of the defendant or for good cause shown, in 43 any case in which a new securing order is issued for a principal previ- 44 ously committed to the custody of the sheriff pursuant to this section, 45 such order shall further direct the sheriff to deliver the principal 46 from a juvenile detention facility to the person or place specified in 47 the order. 48 S 11. Subdivision 1 of section 720.10 of the criminal procedure law, 49 as amended by chapter 411 of the laws of 1979, is amended to read as 50 follows: 51 1. "Youth" means a person charged with a crime alleged to have been 52 committed when he was at least [sixteen] EIGHTEEN years old and less 53 than [nineteen] TWENTY years old or a person charged with being a juve- 54 nile offender as defined in subdivision forty-two of section 1.20 of 55 this chapter. A. 9424 7 1 S 12. Paragraph (f) of subdivision 2 of section 725.20 of the criminal 2 procedure law is REPEALED and paragraph (g) is relettered paragraph (f). 3 S 13. Paragraph (e) of subdivision 2 of section 725.20 of the criminal 4 procedure law, as amended by chapter 411 of the laws of 1979, is amended 5 to read as follows: 6 (e) Where the direction is one authorized by subdivision one of 7 section 210.43 of this chapter, a copy of that portion of the minutes 8 containing the statement by the court pursuant to paragraph [(a)] A of 9 subdivision five of section 210.43; AND 10 S 14. The criminal procedure law is amended by adding a new article 11 726 to read as follows: 12 ARTICLE 726 13 REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED 14 JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT 15 SECTION 726.00 APPLICABILITY. 16 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON. 17 S 726.00 APPLICABILITY. 18 THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A COURT DIRECTS 19 THAT AN ACTION OR CHARGE BROUGHT BY A JUVENILE DELINQUENCY PETITION, 20 PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT, AGAINST A JUVENILE 21 OFFENDER WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF 22 SUCH OFFENSE, IS TO BE REMOVED FROM FAMILY COURT TO A SUPERIOR CRIMINAL 23 COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT. 24 S 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON. 25 1. WHEN A FAMILY COURT DIRECTS THAT AN ACTION OR CHARGE BROUGHT 26 AGAINST A JUVENILE OFFENDER BY A JUVENILE DELINQUENCY PETITION PURSUANT 27 TO ARTICLE THREE OF THE FAMILY COURT ACT BE REMOVED FROM FAMILY COURT TO 28 A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT 29 ACT, THE DISTRICT ATTORNEY WHO REQUESTED SUCH REMOVAL SHALL PROMPTLY 30 FILE SUCH REMOVAL ORDER AND THE APPROPRIATE CHARGING DOCUMENTS WITH THE 31 SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURISDICTION OVER SUCH 32 OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO RESULT. 33 2. FOLLOWING THE GRANTING OF SUCH AN ORDER OF REMOVAL, THE JUVENILE 34 SHALL BE BROUGHT FORTHWITH AND WITH ALL REASONABLE SPEED BEFORE THE 35 APPROPRIATE SUPERIOR CRIMINAL COURT FOR APPROPRIATE PROCEEDINGS. FOR 36 PURPOSES OF THIS SECTION, A JUDGE OR JUSTICE OF A SUPERIOR COURT SHALL 37 PRESIDE OVER SUCH PROCEEDINGS AS SUCH A JUDGE OR JUSTICE OF THE SUPERIOR 38 CRIMINAL COURT, OR AS A LOCAL CRIMINAL COURT, AS APPROPRIATE. 39 3. THE SUPERIOR CRIMINAL COURT MUST ASSUME JURISDICTION AND PROCEED AS 40 THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND TO THE EXTENT PROVIDED BY 41 LAW. 42 4. UPON THE FILING OF AN ORDER OF REMOVAL IN THE SUPERIOR CRIMINAL 43 COURT, THE FAMILY COURT ARTICLE THREE ACTION UPON WHICH THE ORDER IS 44 BASED SHALL BE TERMINATED AND THERE SHALL BE NO FURTHER PROCEEDINGS IN 45 THE FAMILY COURT WITH RESPECT TO THE OFFENSE, UNLESS SUCH ACTION IS 46 REMOVED BACK TO THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF 47 ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER. ALL FURTHER 48 PROCEEDINGS INCLUDING MOTIONS AND APPEALS SHALL BE IN ACCORDANCE WITH 49 LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE ALL FIND- 50 INGS, DETERMINATIONS, VERDICTS AND ORDERS, OTHER THAN THE ORDER OF 51 REMOVAL, SHALL BE DEEMED TO HAVE BEEN MADE BY THE SUPERIOR CRIMINAL 52 COURT. 53 S 15. Section 507-d of the executive law, as amended by chapter 465 of 54 the laws of 1992, is amended to read as follows: 55 S 507-d. Confinement of juvenile delinquents under sentence of the 56 courts of the United States. The directors of secure and limited secure A. 9424 8 1 facilities shall receive and safely keep in such facilities, subject to 2 the provisions of this article, any person not over the age of [sixteen] 3 EIGHTEEN years convicted of any offense against the United States, and 4 sentenced to imprisonment by any court of the United States, sitting 5 within this state, until such sentences be executed, or until such 6 delinquent shall be discharged by due course of law, conditioned upon 7 the United States supporting such delinquent and paying the expenses 8 attendant upon the execution of such sentence. 9 S 16. Subparagraph 1 of paragraph (a) of subdivision 5 of section 530 10 of the executive law, as amended by section 5 of subpart B of part Q of 11 chapter 58 of the laws of 2011, is amended to read as follows: 12 (1) temporary care, maintenance and supervision provided alleged juve- 13 nile delinquents and persons in need of supervision in detention facili- 14 ties certified pursuant to sections seven hundred twenty and 305.2 of 15 the family court act by the office of children and family services, 16 pending adjudication of alleged delinquency or alleged need of super- 17 vision by the family court, or pending transfer to institutions to which 18 committed or placed by such court or while awaiting disposition by such 19 court after adjudication or held pursuant to a securing order of a crim- 20 inal court if the person named therein as principal is under [sixteen] 21 EIGHTEEN; or, 22 S 17. Subdivision (b) of section 117 of the family court act, as 23 amended by chapter 7 of the laws of 2007, is amended to read as follows: 24 (b) For every juvenile delinquency proceeding under article three 25 involving an allegation of an act committed by a person which, if done 26 by an adult, would be a crime (i) defined in sections 125.27 (murder in 27 the first degree); 125.25 (murder in the second degree); 135.25 (kidnap- 28 ping in the first degree); or 150.20 (arson in the first degree) of the 29 penal law committed by a person thirteen, fourteen or fifteen years of 30 age; or such conduct committed as a sexually motivated felony, where 31 authorized pursuant to section 130.91 of the penal law; (ii) defined in 32 sections 120.10 (assault in the first degree); 125.20 (manslaughter in 33 the first degree); 130.35 (rape in the first degree); 130.50 (criminal 34 sexual act in the first degree); 135.20 (kidnapping in the second 35 degree), but only where the abduction involved the use or threat of use 36 of deadly physical force; 150.15 (arson in the second degree); or 160.15 37 (robbery in the first degree) of the penal law committed by a person 38 thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or 39 such conduct committed as a sexually motivated felony, where authorized 40 pursuant to section 130.91 of the penal law; (iii) defined in the penal 41 law as an attempt to commit murder in the first or second degree or 42 kidnapping in the first degree committed by a person thirteen, fourteen 43 or fifteen years of age; or such conduct committed as a sexually moti- 44 vated felony, where authorized pursuant to section 130.91 of the penal 45 law; (iv) defined in section 140.30 (burglary in the first degree); 46 subdivision one of section 140.25 (burglary in the second degree); 47 subdivision two of section 160.10 (robbery in the second degree) of the 48 penal law; or section 265.03 of the penal law, where such machine gun or 49 such firearm is possessed on school grounds, as that phrase is defined 50 in subdivision fourteen of section 220.00 of the penal law committed by 51 a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or 52 such conduct committed as a sexually motivated felony, where authorized 53 pursuant to section 130.91 of the penal law; (v) defined in section 54 120.05 (assault in the second degree) or 160.10 (robbery in the second 55 degree) of the penal law committed by a person fourteen or fifteen years 56 of age but only where there has been a prior finding by a court that A. 9424 9 1 such person has previously committed an act which, if committed by an 2 adult, would be the crime of assault in the second degree, robbery in 3 the second degree or any designated felony act specified in clause (i), 4 (ii) or (iii) of this subdivision regardless of the age of such person 5 at the time of the commission of the prior act; or (vi) other than a 6 misdemeanor, committed by a person at least seven but less than 7 [sixteen] EIGHTEEN years of age, but only where there has been two prior 8 findings by the court that such person has committed a prior act which, 9 if committed by an adult would be a felony: 10 (i) There is hereby established in the family court in the city of New 11 York at least one "designated felony act part." Such part or parts shall 12 be held separate from all other proceedings of the court, and shall have 13 jurisdiction over all proceedings involving such an allegation. All such 14 proceedings shall be originated in or be transferred to this part from 15 other parts as they are made known to the court. 16 (ii) Outside the city of New York, all proceedings involving such an 17 allegation shall have a hearing preference over every other proceeding 18 in the court, except proceedings under article ten. 19 (III) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT ONE OR MORE 20 "VIOLATION AND TRAFFIC INFRACTION PARTS". SUCH PARTS SHALL HAVE JURIS- 21 DICTION, OVER ANY OFFENSE THAT IS NOT A FELONY, OR A MISDEMEANOR UNDER 22 THE PENAL LAW ALLEGEDLY COMMITTED BY A PERSON SIXTEEN OR SEVENTEEN YEARS 23 OF AGE. NOTHING IN THIS SUBPARAGRAPH SHALL PREVENT A JUDGE PRESIDING 24 OVER A PROCEEDING CONCERNING SUCH AN OFFENSE, AFTER NOTICE AND AN OPPOR- 25 TUNITY FOR THE PARTIES TO BE HEARD, FROM TRANSFERRING SUCH PROCEEDING TO 26 OR CONSOLIDATING SUCH PROCEEDING BEFORE ANOTHER FAMILY COURT JUDGE, IN 27 THE SAME JURISDICTION, BEFORE WHOM A RELATED PROCEEDING, INVOLVING THE 28 SAME RESPONDENT, IS PENDING. 29 S 18. Subdivision (a) of section 158 of the family court act is 30 amended to read as follows: 31 (a) The family court may place in protective custody a person under 32 [sixteen] EIGHTEEN years of age who is a material witness, as provided 33 by law. 34 S 19. The family court act is amended by adding a new section 325.5 to 35 read as follows: 36 S 325.5. REMOVAL FOR PROCEEDINGS IN A SUPERIOR COURT; CERTAIN ALLEGED 37 OFFENSES BY YOUTHS AGE THIRTEEN, FOURTEEN OR FIFTEEN. 1. (A) (I) 38 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF PART FOUR OF THIS ARTICLE, 39 AT ANY TIME WITHIN TEN DAYS AFTER THE INITIAL APPEARANCE WITH RESPECT TO 40 A JUVENILE DELINQUENCY PETITION WHICH ALLEGES CONDUCT THAT IS ALSO A 41 JUVENILE OFFENSE, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF 42 THE PENAL LAW, AND THAT IS PENDING PURSUANT TO THIS ARTICLE AGAINST A 43 YOUTH WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME OF 44 SUCH ALLEGED OFFENSE, IF SUCH RESPONDENT HAS NOT ENTERED AN ADMISSION TO 45 ALL SUCH JUVENILE OFFENSE COUNTS PURSUANT TO SECTION 321.2 OF THIS PART 46 THAT HAS BEEN ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT 47 WAIVED A FACT-FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND 48 SUCH A FACT-FINDING HEARING HAS NOT OTHERWISE COMMENCED, THE APPROPRIATE 49 PRESENTMENT AGENCY SHALL, UPON THE WRITTEN REQUEST OF THE DISTRICT 50 ATTORNEY HAVING GEOGRAPHIC JURISDICTION OVER SUCH ALLEGED OFFENSE, 51 PROMPTLY SERVE AND FILE, IN THE FAMILY COURT IN WHICH SUCH PETITION IS 52 PENDING, A MOTION SEEKING TO REMOVE SUCH JUVENILE OFFENDER COUNT OR 53 COUNTS TO THE SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURIS- 54 DICTION OVER SUCH OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO 55 RESULT. A. 9424 10 1 (II) SUCH REQUEST BY THE PRESENTMENT AGENCY MAY (IF SOUGHT IN SUCH 2 DISTRICT ATTORNEY'S WRITTEN REQUEST) INCLUDE A REQUEST TO REMOVE TO THE 3 SUPERIOR CRIMINAL COURT OTHER SPECIFIED RELATED OFFENSES OF THE TYPE 4 DESCRIBED IN SUBDIVISION SIX OF SECTION 200.20 OF THE CRIMINAL PROCEDURE 5 LAW, PROVIDED THAT THE RESPONDENT HAS NOT ENTERED AN ADMISSION TO SUCH 6 COUNT OR COUNTS PURSUANT TO SECTION 321.2 OF THIS PART THAT HAS BEEN 7 ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT WAIVED A FACT- 8 FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND SUCH A FACT- 9 FINDING HEARING HAS NOT OTHERWISE COMMENCED. 10 (B) (I) IN ITS MOTION, WHICH SHALL BE IN WRITING, THE PRESENTMENT 11 AGENCY SHALL SET FORTH THE REASONS FOR THE MOTION FOR REMOVAL, WHICH 12 SHALL BE STATED IN DETAIL AND NOT IN CONCLUSORY TERMS. THE WRITTEN 13 REQUEST OF THE DISTRICT ATTORNEY, WHICH MUST ALSO BE STATED IN DETAIL 14 AND NOT IN CONCLUSORY TERMS, SHALL BE APPENDED TO THE MOTION. SUCH 15 DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY ACTING ON BEHALF OF 16 SUCH DISTRICT ATTORNEY, MAY ALSO SERVE AND FILE AN AFFIRMATION IN THE 17 NATURE OF AN AMICUS CURIAE IN THE FAMILY COURT IN SUPPORT OF SUCH 18 MOTION. 19 (II) THE COURT MAY GRANT A HEARING ON THE MOTION AT THE REQUEST OF ANY 20 PARTY. THE PRESENTMENT AGENCY SHALL HAVE THE BURDEN TO SHOW: (A) AGGRA- 21 VATING CIRCUMSTANCES THAT BEAR DIRECTLY ON THE MANNER IN WHICH SUCH 22 CRIME OR CRIMES WERE COMMITTED; AND (B) IF THE RESPONDENT WAS NOT THE 23 SOLE PARTICIPANT IN SUCH CRIME OR CRIMES, THAT THE RESPONDENT PLAYED A 24 MAJOR ROLE OR WAS THE DOMINANT PARTICIPANT IN SUCH CRIMES. IF SUCH 25 BURDEN IS MET, THE COURT MAY GRANT REMOVAL ONLY IF, AFTER CONSIDERING 26 THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION 210.43 OF THE CRIMI- 27 NAL PROCEDURE LAW, IT DETERMINES THAT REMOVAL TO A SUPERIOR COURT IS 28 NECESSARY TO ACCOMPLISH THE PURPOSES SET FORTH IN SECTION 1.05 OF THE 29 PENAL LAW AND ASSURE A JUST AND FAIR RESULT. 30 2. (A) IF THE COURT ORDERS REMOVAL OF ALL OR A PORTION OF THE ACTION 31 TO A SUPERIOR CRIMINAL COURT PURSUANT TO SUBDIVISION ONE OF THIS 32 SECTION, IT SHALL STATE ON THE RECORD THE FACTORS UPON WHICH ITS DETER- 33 MINATION IS BASED, AND SHALL GIVE ITS REASONS FOR REMOVAL IN DETAIL AND 34 NOT IN CONCLUSORY TERMS. 35 (B) WHERE A MOTION FOR REMOVAL PURSUANT TO SUBDIVISION ONE OF THIS 36 SECTION HAS BEEN DENIED, NO FURTHER MOTION PURSUANT TO THIS SECTION MAY 37 BE MADE BY THE PRESENTMENT AGENCY WITH RESPECT TO THE SAME OFFENSE OR 38 OFFENSES. 39 3. (A) WHERE AN ORDER OF REMOVAL HAS BEEN GRANTED PURSUANT TO THIS 40 SECTION, AND THE RESPONDENT IS IN DETENTION PURSUANT TO SECTION 320.5 OF 41 THIS PART, THE ORDER OF REMOVAL TO THE SUPERIOR CRIMINAL COURT MUST 42 PROVIDE THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST OR 43 SOME OTHER PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE SPEED TAKE 44 THE JUVENILE TO THE DESIGNATED SUPERIOR COURT. THE ORDER OF REMOVAL MUST 45 SPECIFY A DATE CERTAIN WITHIN TEN DAYS FROM THE DATE OF THE ORDER OF 46 REMOVAL FOR THE RESPONDENT'S APPEARANCE IN SUCH SUPERIOR COURT PROVIDED, 47 HOWEVER, THAT WHERE THE RESPONDENT IS IN DETENTION OR IN THE CUSTODY OF 48 THE SHERIFF THAT DATE MUST BE NOT LATER THAN THE NEXT DAY THE SUPERIOR 49 COURT IS IN SESSION. 50 (B) THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF THE PLEADINGS AND 51 PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO 52 THE DESIGNATED SUPERIOR COURT AND BE DELIVERED TO AND FILED WITH THE 53 CLERK OF THAT COURT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM 54 "PLEADINGS AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING, INQUIRY 55 OR TRIAL HELD IN THE ACTION AND THE MINUTES OF ANY PLEA ACCEPTED AND 56 ENTERED. A. 9424 11 1 (C) THE ORDER OF REMOVAL MUST BE SIGNED BY THE JUDGE OF THE FAMILY 2 COURT WHO DIRECTED THE REMOVAL. 3 S 20. Subdivisions 1, 8 and 14 of section 301.2 of the family court 4 act, subdivisions 1 and 14 as added by chapter 920 of the laws of 1982 5 and subdivision 8 as amended by chapter 7 of the laws of 2007, are 6 amended to read as follows: 7 1. "Juvenile delinquent" means a person over seven and less than 8 [sixteen] EIGHTEEN years of age, who, having committed an act that would 9 constitute a crime if committed by an adult, (a) is not criminally 10 responsible for such conduct by reason of infancy, [or] (b) is the 11 defendant in an action ordered removed from a criminal court to the 12 family court pursuant to article seven hundred twenty-five of the crimi- 13 nal procedure law, OR (C) COULD BE, BUT IS NOT, THE DEFENDANT IN AN 14 ACTION AGAINST A SIXTEEN OR SEVENTEEN YEAR OLD AUTHORIZED BY SUBDIVISION 15 FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. 16 8. "Designated felony act" means an act which, if done by an adult, 17 would be a crime: (i) defined in sections 125.27 (murder in the first 18 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 19 first degree); or 150.20 (arson in the first degree) of the penal law 20 committed by a person thirteen, fourteen [or], fifteen, SIXTEEN OR 21 SEVENTEEN years of age; or such conduct committed as a sexually moti- 22 vated felony, where authorized pursuant to section 130.91 of the penal 23 law; (ii) defined in sections 120.10 (assault in the first degree); 24 125.20 (manslaughter in the first degree); 130.35 (rape in the first 25 degree); 130.50 (criminal sexual act in the first degree); 130.70 26 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the 27 second degree) but only where the abduction involved the use or threat 28 of use of deadly physical force; 150.15 (arson in the second degree) or 29 160.15 (robbery in the first degree) of the penal law committed by a 30 person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years of 31 age; or such conduct committed as a sexually motivated felony, where 32 authorized pursuant to section 130.91 of the penal law; (iii) defined in 33 the penal law as an attempt to commit murder in the first or second 34 degree or kidnapping in the first degree committed by a person thirteen, 35 fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or such 36 conduct committed as a sexually motivated felony, where authorized 37 pursuant to section 130.91 of the penal law; (iv) defined in section 38 140.30 (burglary in the first degree); subdivision one of section 140.25 39 (burglary in the second degree); subdivision two of section 160.10 40 (robbery in the second degree) of the penal law; or section 265.03 of 41 the penal law, where such machine gun or such firearm is possessed on 42 school grounds, as that phrase is defined in subdivision fourteen of 43 section 220.00 of the penal law committed by a person fourteen [or], 44 fifteen, SIXTEEN OR SEVENTEEN years of age; or such conduct committed as 45 a sexually motivated felony, where authorized pursuant to section 130.91 46 of the penal law; (v) defined in section 120.05 (assault in the second 47 degree) or 160.10 (robbery in the second degree) of the penal law 48 committed by a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years 49 of age but only where there has been a prior finding by a court that 50 such person has previously committed an act which, if committed by an 51 adult, would be the crime of assault in the second degree, robbery in 52 the second degree or any designated felony act specified in paragraph 53 (i), (ii), or (iii) of this subdivision regardless of the age of such 54 person at the time of the commission of the prior act; or (vi) other 55 than a misdemeanor committed by a person at least seven but less than A. 9424 12 1 [sixteen] EIGHTEEN years of age, but only where there has been two prior 2 findings by the court that such person has committed a prior felony. 3 14. Any reference in this article to "CRIME" OR the commission of a 4 crime includes any act which, if done by an adult, would constitute a 5 crime, AND ANY ACT COMMITTED BY A YOUTH AGED SIXTEEN OR SEVENTEEN WHICH, 6 IF DONE BY AN ADULT, WOULD CONSTITUTE AN OFFENSE AS DEFINED IN SUBDIVI- 7 SION ONE OF SECTION 10.00 OF THE PENAL LAW. 8 S 21. Subdivisions 1 and 2 of section 305.1 of the family court act, 9 as added by chapter 920 of the laws of 1982, are amended to read as 10 follows: 11 1. A private person may take a child under the age of [sixteen] EIGH- 12 TEEN into custody in cases in which he may arrest an adult for a crime 13 under section 140.30 of the criminal procedure law. 14 2. Before taking such child under the age of [sixteen] EIGHTEEN into 15 custody, a private person must inform the child of the cause thereof and 16 require him to submit, except when he is taken into custody on pursuit 17 immediately after the commission of a crime. 18 S 22. Subdivision 2 of section 305.2 of the family court act, as added 19 by chapter 920 of the laws of 1982, is amended to read as follows: 20 2. An officer may take a child under the age of [sixteen] EIGHTEEN 21 into custody without a warrant in cases in which he may arrest a person 22 for a crime under article one hundred forty of the criminal procedure 23 law. 24 S 23. Paragraph (c) of subdivision 3 of section 311.1 of the family 25 court act, as added by chapter 920 of the laws of 1982, is amended to 26 read as follows: 27 (c) the fact that the respondent is a person under [sixteen] EIGHTEEN 28 years of age at the time of the alleged act or acts; 29 S 24. Subdivision 1 of section 352.2 of the family court act, as added 30 by chapter 920 of the laws of 1982, is amended to read as follows: 31 1. Upon the conclusion of the dispositional hearing, the court shall 32 enter an order of disposition: 33 (a) conditionally discharging the respondent in accord with section 34 353.1; or 35 (b) putting the respondent on probation in accord with section 353.2; 36 or 37 (c) continuing the proceeding and placing the respondent in accord 38 with section 353.3; or 39 (d) placing the respondent in accord with section 353.4; or 40 (e) continuing the proceeding and placing the respondent under a 41 restrictive placement in accord with section 353.5; OR 42 (F) WHERE APPLICABLE, IN ACCORD WITH SECTION 353.7. 43 S 25. The family court act is amended by adding a new section 353.7 to 44 read as follows: 45 S 353.7. DISPOSITIONS FOR CERTAIN OFFENSES COMMITTED BY YOUTHS AGE 46 SIXTEEN OR SEVENTEEN. 1. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE 47 TIME OF SUCH ACT IS FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY 48 CLASSIFIED AS A VIOLATION OR TRAFFIC INFRACTION, THE COURT MAY ORDER THE 49 RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED FOR SUCH AN 50 OFFENSE COMMITTED BY AN ADULT, AND/OR ORDER AN UNCONDITIONAL DISCHARGE 51 OR CONDITIONAL DISCHARGE IN ACCORDANCE WITH SECTION 353.1 OF THIS PART. 52 2. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS 53 FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY CLASSIFIED AS A 54 MISDEMEANOR, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHOR- 55 IZED BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE 56 AUTHORIZED FOR SUCH AN OFFENSE COMMITTED BY AN ADULT. A. 9424 13 1 3. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS 2 FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY CLASSIFIED AS A 3 FELONY, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED 4 BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED 5 BY LAW FOR SUCH AN OFFENSE COMMITTED BY AN ADULT. 6 4. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS 7 FOUND TO HAVE COMMITTED A TRAFFIC INFRACTION, VIOLATION, MISDEMEANOR OR 8 FELONY PROHIBITED BY THE VEHICLE AND TRAFFIC LAW, THE COURT MAY TAKE ANY 9 ACTION WITH RESPECT TO SUCH PERSON'S DRIVER'S LICENSE OR DRIVING PRIVI- 10 LEGE AS IS AUTHORIZED BY LAW FOR SUCH A VIOLATION COMMITTED BY AN ADULT. 11 5. FOR PURPOSES OF THIS SECTION, "OFFENSE" SHALL HAVE THE SAME MEANING 12 AS IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW. 13 S 26. Subdivision 18 of section 10.00 of the penal law, as amended by 14 chapter 7 of the laws of 2007, is amended to read as follows: 15 18. "Juvenile offender" means, WHERE PROSECUTION IS AUTHORIZED BY LAW, 16 INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THE CRIMINAL PROCEDURE 17 LAW AND SECTION 325.5 OF THE FAMILY COURT ACT: (1) a person thirteen 18 years old who is criminally responsible for acts constituting murder in 19 the second degree as defined in subdivisions one and two of section 20 125.25 of this chapter or such conduct as a sexually motivated felony, 21 where authorized pursuant to section 130.91 [of the penal law]; and 22 (2) a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years old 23 who is criminally responsible for acts constituting the crimes defined 24 in subdivisions one and two of section 125.25 (murder in the second 25 degree) and in subdivision three of such section provided that the 26 underlying crime for the murder charge is one for which such person is 27 criminally responsible; section 135.25 (kidnapping in the first degree); 28 150.20 (arson in the first degree); subdivisions one and two of section 29 120.10 (assault in the first degree); 125.20 (manslaughter in the first 30 degree); subdivisions one and two of section 130.35 (rape in the first 31 degree); subdivisions one and two of section 130.50 (criminal sexual act 32 in the first degree); 130.70 (aggravated sexual abuse in the first 33 degree); 140.30 (burglary in the first degree); subdivision one of 34 section 140.25 (burglary in the second degree); 150.15 (arson in the 35 second degree); 160.15 (robbery in the first degree); subdivision two of 36 section 160.10 (robbery in the second degree) of this chapter; or 37 section 265.03 of this chapter, where such machine gun or such firearm 38 is possessed on school grounds, as that phrase is defined in subdivision 39 fourteen of section 220.00 of this chapter; or defined in this chapter 40 as an attempt to commit murder in the second degree or kidnapping in the 41 first degree, or such conduct as a sexually motivated felony, where 42 authorized pursuant to section 130.91 [of the penal law]. 43 S 27. Subdivisions 1 and 2 of section 30.00 of the penal law, subdivi- 44 sion 1 as amended by chapter 481 of the laws of 1978 and subdivision 2 45 as amended by chapter 7 of the laws of 2007, are amended to read as 46 follows: 47 1. Except as provided in subdivision two of this section, a person 48 less than [sixteen] EIGHTEEN years old is not criminally responsible for 49 conduct. 50 2. (A) A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN 51 years of age is criminally responsible for acts constituting murder in 52 the second degree as defined in subdivisions one and two of section 53 125.25 and in subdivision three of such section provided that the under- 54 lying crime for the murder charge is one for which such person is crimi- 55 nally responsible or for such conduct as a sexually motivated felony, 56 where authorized pursuant to section 130.91 [of the penal law], EXCEPT A. 9424 14 1 THAT, IN THE CASE OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF 2 AGE, THE PERSON IS ONLY CRIMINALLY RESPONSIBLE PURSUANT TO THIS PARA- 3 GRAPH IF SUCH ACTION AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMI- 4 LY COURT TO A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE 5 FAMILY COURT ACT AND SECTION 726.05 OF THE CRIMINAL PROCEDURE LAW; and 6 (B) a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age 7 is criminally responsible for acts constituting the crimes defined in 8 section 135.25 (kidnapping in the first degree); 150.20 (arson in the 9 first degree); subdivisions one and two of section 120.10 (assault in 10 the first degree); 125.20 (manslaughter in the first degree); subdivi- 11 sions one and two of section 130.35 (rape in the first degree); subdivi- 12 sions one and two of section 130.50 (criminal sexual act in the first 13 degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 14 (burglary in the first degree); subdivision one of section 140.25 15 (burglary in the second degree); 150.15 (arson in the second degree); 16 160.15 (robbery in the first degree); subdivision two of section 160.10 17 (robbery in the second degree) of this chapter; or section 265.03 of 18 this chapter, where such machine gun or such firearm is possessed on 19 school grounds, as that phrase is defined in subdivision fourteen of 20 section 220.00 of this chapter; or defined in this chapter as an attempt 21 to commit murder in the second degree or kidnapping in the first degree, 22 or for such conduct as a sexually motivated felony, where authorized 23 pursuant to section 130.91 [of the penal law], EXCEPT THAT, IN THE CASE 24 OF A PERSON FOURTEEN OR FIFTEEN YEARS OF AGE, THE PERSON IS ONLY CRIMI- 25 NALLY RESPONSIBLE PURSUANT TO THIS PARAGRAPH IF SUCH ACTION AGAINST HIM 26 OR HER WAS ORDERED REMOVED FROM A FAMILY COURT TO A SUPERIOR CRIMINAL 27 COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT AND SECTION 28 726.05 OF THE CRIMINAL PROCEDURE LAW. 29 S 28. Subdivision 2 of section 60.10 of the penal law, as amended by 30 chapter 411 of the laws of 1979, is amended to read as follows: 31 2. Subdivision one of this section shall apply when sentencing a juve- 32 nile offender notwithstanding the provisions of any other law that deals 33 with the authorized sentence for persons who are not juvenile offenders. 34 Provided, however, that the limitation prescribed by this section shall 35 not be deemed or construed to bar use of a conviction of a juvenile 36 offender, other than a juvenile offender who has been adjudicated a 37 youthful offender pursuant to section 720.20 of the criminal procedure 38 law, as a previous or predicate felony offender under section 70.04, 39 70.06, 70.08 or 70.10, when sentencing a person who commits a felony 40 after he has reached the age of [sixteen] EIGHTEEN. 41 S 29. Paragraph (a) of subdivision 3 of section 70.05 of the penal 42 law, as amended by chapter 174 of the laws of 2003, is amended to read 43 as follows: 44 (a) For the class A felony of murder in the second degree, the minimum 45 period of imprisonment shall be fixed by the court and shall be not less 46 than five years but shall not exceed nine years provided, however, that 47 where the sentence is for an offense specified in subdivision one or two 48 of section 125.25 of this chapter and the defendant was fourteen [or], 49 fifteen, SIXTEEN OR SEVENTEEN years old at the time of such offense, the 50 minimum period of imprisonment shall be not less than seven and one-half 51 years but shall not exceed fifteen years; 52 S 30. Paragraph (f) of subdivision 1 of section 70.30 of the penal 53 law, as added by chapter 481 of the laws of 1978 and as relettered by 54 chapter 3 of the laws of 1995, is amended to read as follows: 55 (f) The aggregate maximum term of consecutive sentences imposed upon a 56 juvenile offender for two or more crimes, not including a class A felo- A. 9424 15 1 ny, committed before he has reached the age of [sixteen] EIGHTEEN, 2 shall, if it exceeds ten years, be deemed to be ten years. If consec- 3 utive indeterminate sentences imposed upon a juvenile offender include a 4 sentence for the class A felony of arson in the first degree or for the 5 class A felony of kidnapping in the first degree, then the aggregate 6 maximum term of such sentences shall, if it exceeds fifteen years, be 7 deemed to be fifteen years. Where the aggregate maximum term of two or 8 more consecutive sentences is reduced by a calculation made pursuant to 9 this paragraph, the aggregate minimum period of imprisonment, if it 10 exceeds one-half of the aggregate maximum term as so reduced, shall be 11 deemed to be one-half of the aggregate maximum term as so reduced. 12 S 31. Paragraph (d) of subdivision 1 of section 70.30 of the penal 13 law, as added by chapter 481 of the laws of 1978, is amended to read as 14 follows: 15 (d) The aggregate maximum term of consecutive sentences imposed upon a 16 juvenile offender for two or more crimes, not including a class A felo- 17 ny, committed before he has reached the age of [sixteen] EIGHTEEN, 18 shall, if it exceeds ten years, be deemed to be ten years. If consec- 19 utive indeterminate sentences imposed upon a juvenile offender include a 20 sentence for the class A felony of arson in the first degree or for the 21 class A felony of kidnapping in the first degree, then the aggregate 22 maximum term of such sentences shall, if it exceeds fifteen years, be 23 deemed to be fifteen years. Where the aggregate maximum term of two or 24 more consecutive sentences is reduced by a calculation made pursuant to 25 this paragraph, the aggregate minimum period of imprisonment, if it 26 exceeds one-half of the aggregate maximum term as so reduced, shall be 27 deemed to be one-half of the aggregate maximum term as so reduced. 28 S 32. Severability. If any clause, sentence, paragraph, subdivision or 29 part of this act, or the application thereof to any person or circum- 30 stance, shall be adjudged by any court of competent jurisdiction to be 31 invalid or unconstitutional, such judgment shall not affect, impair or 32 invalidate the reminder thereof, but shall be confined in its operation 33 to the clause, sentence, paragraph, subdivision or part of this act, or 34 in its application to the person or circumstance, directly involved in 35 the controversy in which such judgment shall have been rendered. 36 S 33. This act shall take effect 18 months after it shall have become 37 a law; provided, however, that the amendments to paragraph (f) of subdi- 38 vision 1 of section 70.30 of the penal law made by section thirty of 39 this act shall be subject to the expiration and reversion of such para- 40 graph pursuant to subdivision d of section 74 of chapter 3 of the laws 41 of 1995, as amended, when upon such date the provisions of section thir- 42 ty-one of this act shall take effect.