Bill Text: NY A02684 | 2023-2024 | 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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-03 - referred to codes [A02684 Detail]
Download: New_York-2023-A02684-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2684 2023-2024 Regular Sessions IN ASSEMBLY January 26, 2023 ___________ Introduced by M. of A. J. M. GIGLIO -- 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); 22 section 130.66 (aggravated sexual abuse in the third degree); section 23 130.67 (aggravated sexual abuse in the second degree); 130.70 (aggra- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05630-01-3A. 2684 2 1 vated sexual abuse in the first degree); 140.30 (burglary in the first 2 degree); subdivision one of section 140.25 (burglary in the second 3 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 4 first degree); subdivision two of section 160.10 (robbery in the second 5 degree) of the penal law; or section 265.03 of the penal law, where such 6 machine gun or such firearm is possessed on school grounds, as that 7 phrase is defined in subdivision fourteen of section 220.00 of the penal 8 law; or defined in the penal law as an attempt to commit murder in the 9 second degree or kidnapping in the first degree, or such conduct as a 10 sexually motivated felony, where authorized pursuant to section 130.91 11 of the penal law. 12 § 2. Subdivision (a) of section 190.71 of the criminal procedure law, 13 as amended by chapter 7 of the laws of 2007, is amended to read as 14 follows: 15 (a) Except as provided in subdivision six of section 200.20 of this 16 chapter, a grand jury may not indict (i) a person thirteen years of age 17 for any conduct or crime other than conduct constituting a crime defined 18 in subdivisions one and two of section 125.25 (murder in the second 19 degree); subdivisions one and two of section 130.35 (rape in the first 20 degree); subdivisions one and two of section 130.50 (criminal sexual act 21 in the first degree); section 130.70 (aggravated sexual abuse in the 22 first degree); or such conduct as a sexually motivated felony, where 23 authorized pursuant to section 130.91 of the penal law; (ii) a person 24 fourteen or fifteen years of age for any conduct or crime other than 25 conduct constituting a crime defined in subdivisions one and two of 26 section 125.25 (murder in the second degree) and in subdivision three of 27 such section provided that the underlying crime for the murder charge is 28 one for which such person is criminally responsible; 135.25 (kidnapping 29 in the first degree); 150.20 (arson in the first degree); subdivisions 30 one and two of section 120.10 (assault in the first degree); 125.20 31 (manslaughter in the first degree); subdivisions one and two of section 32 130.35 (rape in the first degree); subdivisions one and two of section 33 130.50 (criminal sexual act in the first degree); section 130.66 (aggra- 34 vated sexual abuse in the third degree); section 130.67 (aggravated 35 sexual abuse in the second degree); 130.70 (aggravated sexual abuse in 36 the first degree); 140.30 (burglary in the first degree); subdivision 37 one of section 140.25 (burglary in the second degree); 150.15 (arson in 38 the second degree); 160.15 (robbery in the first degree); subdivision 39 two of section 160.10 (robbery in the second degree) of the penal law; 40 subdivision four of section 265.02 of the penal law, where such firearm 41 is possessed on school grounds, as that phrase is defined in subdivision 42 fourteen of section 220.00 of the penal law; or section 265.03 of the 43 penal law, where such machine gun or such firearm is possessed on school 44 grounds, as that phrase is defined in subdivision fourteen of section 45 220.00 of the penal law; or defined in the penal law as an attempt to 46 commit murder in the second degree or kidnapping in the first degree, or 47 such conduct as a sexually motivated felony, where authorized pursuant 48 to section 130.91 of the penal law. 49 § 3. Subdivision 18 of section 10.00 of the penal law, as amended by 50 chapter 7 of the laws of 2007, is amended to read as follows: 51 18. "Juvenile offender" means (1) a person thirteen years old who is 52 criminally responsible for acts constituting murder in the second degree 53 as defined in subdivisions one and two of section 125.25 of this 54 chapter; subdivisions one and two of section 130.35 (rape in the first 55 degree); subdivisions one and two of section 130.50 (criminal sexual act 56 in the first degree); section 130.70 (aggravated sexual abuse in theA. 2684 3 1 first degree) of this chapter; or such conduct as a sexually motivated 2 felony, where authorized pursuant to section 130.91 of [the penal law] 3 this chapter; and 4 (2) a person fourteen or fifteen years old who is criminally responsi- 5 ble for acts constituting the crimes defined in subdivisions one and two 6 of section 125.25 (murder in the second degree) and in subdivision three 7 of such section provided that the underlying crime for the murder charge 8 is one for which such person is criminally responsible; section 135.25 9 (kidnapping in the first degree); 150.20 (arson in the first degree); 10 subdivisions one and two of section 120.10 (assault in the first 11 degree); 125.20 (manslaughter in the first degree); subdivisions one and 12 two of section 130.35 (rape in the first degree); subdivisions one and 13 two of section 130.50 (criminal sexual act in the first degree); section 14 130.66 (aggravated sexual abuse in the third degree); section 130.67 15 (aggravated sexual abuse in the second degree); 130.70 (aggravated sexu- 16 al abuse in the first degree); 140.30 (burglary in the first degree); 17 subdivision one of section 140.25 (burglary in the second degree); 18 150.15 (arson in the second degree); 160.15 (robbery in the first 19 degree); subdivision two of section 160.10 (robbery in the second 20 degree) of this chapter; or section 265.03 of this chapter, where such 21 machine gun or such firearm is possessed on school grounds, as that 22 phrase is defined in subdivision fourteen of section 220.00 of this 23 chapter; or defined in this chapter as an attempt to commit murder in 24 the second degree or kidnapping in the first degree, or such conduct as 25 a sexually motivated felony, where authorized pursuant to section 130.91 26 of [the penal law] this chapter. 27 § 4. Subdivision 2 of section 30.00 of the penal law, as amended by 28 section 38 of part WWW of chapter 59 of the laws of 2017, is amended to 29 read as follows: 30 2. A person thirteen, fourteen or, fifteen years of age is criminally 31 responsible for acts constituting murder in the second degree as defined 32 in subdivisions one and two of section 125.25 and in subdivision three 33 of such section provided that the underlying crime for the murder charge 34 is one for which such person is criminally responsible or for such 35 conduct as a sexually motivated felony, where authorized pursuant to 36 section 130.91 of this chapter; a person thirteen years of age is 37 criminally responsible for acts constituting the crimes defined in 38 subdivisions one and two of section 130.25 (rape in the first degree); 39 subdivisions one and two of section 130.50 (criminal sexual act in the 40 first degree); and section 130.70 (aggravated sexual abuse in the first 41 degree) of this chapter; and a person fourteen or, fifteen years of age 42 is criminally responsible for acts constituting the crimes defined in 43 section 135.25 (kidnapping in the first degree); 150.20 (arson in the 44 first degree); subdivisions one and two of section 120.10 (assault in 45 the first degree); 125.20 (manslaughter in the first degree); subdivi- 46 sions one and two of section 130.35 (rape in the first degree); subdivi- 47 sions one and two of section 130.50 (criminal sexual act in the first 48 degree); section 130.66 (aggravated sexual abuse in the third degree); 49 section 130.67 (aggravated sexual abuse in the second degree); 130.70 50 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 51 first degree); subdivision one of section 140.25 (burglary in the second 52 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 53 first degree); subdivision two of section 160.10 (robbery in the second 54 degree) of this chapter; or section 265.03 of this chapter, where such 55 machine gun or such firearm is possessed on school grounds, as that 56 phrase is defined in subdivision fourteen of section 220.00 of thisA. 2684 4 1 chapter; or defined in this chapter as an attempt to commit murder in 2 the second degree or kidnapping in the first degree, or for such conduct 3 as a sexually motivated felony, where authorized pursuant to section 4 130.91 of this chapter. 5 § 5. Subdivision 8 of section 301.2 of the family court act, as 6 amended by chapter 38 of the laws of 2022, is amended to read as 7 follows: 8 8. "Designated felony act" means an act which, if done by an adult, 9 would be a crime: (i) defined in sections 125.27 (murder in the first 10 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 11 first degree); or 150.20 (arson in the first degree) of the penal law 12 committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen 13 years of age; or such conduct committed as a sexually motivated felony, 14 where authorized pursuant to section 130.91 of the penal law; (ii) 15 defined in sections 120.10 (assault in the first degree); 125.20 16 (manslaughter in the first degree); 130.35 (rape in the first degree); 17 130.50 (criminal sexual act in the first degree); 130.66 (aggravated 18 sexual abuse in the third degree); 130.67 (aggressive sexual abuse in 19 the 2nd degree); 130.70 (aggravated sexual abuse in the first degree); 20 135.20 (kidnapping in the second degree) but only where the abduction 21 involved the use or threat of use of deadly physical force; 150.15 22 (arson in the second degree) or 160.15 (robbery in the first degree) of 23 the penal law committed by a person thirteen, fourteen, fifteen, 24 sixteen, or seventeen years of age; or such conduct committed as a sexu- 25 ally motivated felony, where authorized pursuant to section 130.91 of 26 the penal law; (iii) defined in the penal law as an attempt to commit 27 murder in the first or second degree or kidnapping in the first degree 28 committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen 29 years of age; or such conduct committed as a sexually motivated felony, 30 where authorized pursuant to section 130.91 of the penal law; (iv) 31 defined in section 140.30 (burglary in the first degree); subdivision 32 one of section 140.25 (burglary in the second degree); subdivision two 33 of section 160.10 (robbery in the second degree) of the penal law; or 34 section 265.03 of the penal law, where such machine gun or such firearm 35 is possessed on school grounds, as that phrase is defined in subdivision 36 fourteen of section 220.00 of the penal law committed by a person four- 37 teen, fifteen, sixteen, or seventeen years of age; or such conduct 38 committed as a sexually motivated felony, where authorized pursuant to 39 section 130.91 of the penal law; (v) defined in section 120.05 (assault 40 in the second degree) or 160.10 (robbery in the second degree) of the 41 penal law committed by a person fourteen, fifteen, sixteen or seventeen 42 years of age but only where there has been a prior finding by a court 43 that such person has previously committed an act which, if committed by 44 an adult, would be the crime of assault in the second degree, robbery in 45 the second degree or any designated felony act specified in paragraph 46 (i), (ii), or (iii) of this subdivision regardless of the age of such 47 person at the time of the commission of the prior act; (vi) other than a 48 misdemeanor committed by a person at least twelve but less than eighteen 49 years of age, but only where there have been two prior findings by the 50 court that such person has committed a prior act which, if committed by 51 an adult, would be a felony. 52 § 6. This act shall take effect on the first of November next succeed- 53 ing the date on which it shall have become a law.
