S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3668--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2013
                                      ___________
       Introduced by M. of A. LENTOL, WEINSTEIN, AUBRY, HEVESI, CLARK, SCARBOR-
         OUGH,  RODRIGUEZ, LUPARDO, ZEBROWSKI, SEPULVEDA, PICHARDO, ABINANTI --
         Multi-Sponsored by -- M.  of  A.  MAYER,  SOLAGES  --  read  once  and
         referred  to the Committee on Codes -- recommitted to the Committee on
         Codes in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04048-02-4
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    1  one  and  two of section 130.35 (rape in the first degree); subdivisions
    2  one and two of section 130.50 (criminal sexual act in the first degree);
    3  130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
    4  in the first degree); subdivision one of section 140.25 (burglary in the
    5  second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
    6  the first degree); subdivision two of section  160.10  (robbery  in  the
    7  second  degree)  of  the  penal law; or section 265.03 of the penal law,
    8  where such machine gun or such firearm is possessed on  school  grounds,
    9  as  that  phrase is defined in subdivision fourteen of section 220.00 of
   10  the penal law; or defined in the penal  law  as  an  attempt  to  commit
   11  murder  in  the second degree or kidnapping in the first degree, or such
   12  conduct as a sexually motivated felony,  where  authorized  pursuant  to
   13  section 130.91 of the penal law.
   14    S  2.  Paragraphs  (a)  and  (b) of subdivision 3 and subdivision 5 of
   15  section 180.75 of the criminal procedure law, paragraph (a) of  subdivi-
   16  sion  3  as  added  by chapter 481 of the laws of 1978, paragraph (b) of
   17  subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi-
   18  sion 5 as added by chapter 411 of the laws of 1979, are amended to  read
   19  as follows:
   20    (a) If there is reasonable cause to believe that the defendant commit-
   21  ted  a  crime  for which a person under the age of [sixteen] EIGHTEEN is
   22  criminally responsible, the court must order that the defendant be  held
   23  for the action of a grand jury of the appropriate superior court, and it
   24  must  promptly  transmit  to  such  superior court the order, the felony
   25  complaint, the supporting depositions and all other pertinent documents.
   26  Until such papers are received by the  superior  court,  the  action  is
   27  deemed to be still pending in the local criminal court; or
   28    (b)  If  there  is  not reasonable cause to believe that the defendant
   29  committed a crime for which a person under the age of [sixteen] EIGHTEEN
   30  is criminally responsible but there is reasonable cause to believe  that
   31  the  defendant  is a "juvenile delinquent" as defined in subdivision one
   32  of section 301.2 of the family court act, the court must specify the act
   33  or acts it found reasonable cause  to  believe  the  defendant  did  and
   34  direct that the action be removed to the family court in accordance with
   35  the provisions of article seven hundred twenty-five of this chapter; or
   36    5.  Notwithstanding the provisions of subdivision two, three, or four,
   37  if a currently undetermined felony complaint against a juvenile offender
   38  is pending in a local criminal court, and the defendant has not waived a
   39  hearing pursuant to subdivision two and a hearing pursuant  to  subdivi-
   40  sion  three  has  not  commenced, the defendant may move in the superior
   41  court which would exercise the trial  jurisdiction  of  the  offense  or
   42  offenses  charged  were  an indictment therefor to result, to remove the
   43  action to family court. The procedural rules of subdivisions one and two
   44  of section 210.45 of this chapter are applicable to a motion pursuant to
   45  this subdivision. Upon such motion, the superior court shall be  author-
   46  ized to sit as a local criminal court to exercise the preliminary juris-
   47  diction  specified  in  subdivisions  two and three of this section, and
   48  shall proceed and determine the motion as provided in section 210.43  of
   49  this chapter[; provided, however, that the exception provisions of para-
   50  graph (b) of subdivision one of such section 210.43 shall not apply when
   51  there  is  not  reasonable  cause  to believe that the juvenile offender
   52  committed one or more of the crimes  enumerated  therein,  and  in  such
   53  event the provisions of paragraph (a) thereof shall apply].
   54    S  3.  Subdivisions (a), (b) and (c) of section 190.71 of the criminal
   55  procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
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    1  2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of
    2  1978, are amended to read as follows:
    3    (a)  Except  as  provided in subdivision six of section 200.20 of this
    4  chapter, a grand jury may not indict (i) a person thirteen years of  age
    5  for any conduct or crime other than conduct constituting a crime defined
    6  in  subdivisions  one  and  two  of section 125.25 (murder in the second
    7  degree) or such conduct as a sexually motivated felony, where authorized
    8  pursuant to section 130.91 of the penal  law;  (ii)  a  person  fourteen
    9  [or],  fifteen,  SIXTEEN  OR  SEVENTEEN  years of age for any conduct or
   10  crime other than conduct constituting a crime  defined  in  subdivisions
   11  one  and  two  of  section  125.25  (murder in the second degree) and in
   12  subdivision three of such section provided that the underlying crime for
   13  the murder charge is one for which such person is  criminally  responsi-
   14  ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
   15  degree);  subdivisions  one  and  two  of section 120.10 (assault in the
   16  first degree); 125.20 (manslaughter in the first  degree);  subdivisions
   17  one  and  two of section 130.35 (rape in the first degree); subdivisions
   18  one and two of section 130.50 (criminal sexual act in the first degree);
   19  130.70 (aggravated sexual abuse in the first degree);  140.30  (burglary
   20  in the first degree); subdivision one of section 140.25 (burglary in the
   21  second  degree); 150.15 (arson in the second degree); 160.15 (robbery in
   22  the first degree); subdivision two of section  160.10  (robbery  in  the
   23  second  degree) of the penal law; [subdivision four of section 265.02 of
   24  the penal law, where such firearm is possessed  on  school  grounds,  as
   25  that  phrase is defined in subdivision fourteen of section 220.00 of the
   26  penal law;] or section 265.03 of the penal law, where such  machine  gun
   27  or  such  firearm  is  possessed  on  school  grounds, as that phrase is
   28  defined in subdivision fourteen of section 220.00 of the penal  law;  or
   29  defined  in  the  penal law as an attempt to commit murder in the second
   30  degree or kidnapping in the first degree, or such conduct as a  sexually
   31  motivated  felony,  where  authorized  pursuant to section 130.91 of the
   32  penal law.
   33    (b) A grand jury may vote to file a request to remove a charge to  the
   34  family court if it finds that a person thirteen, fourteen [or], fifteen,
   35  SIXTEEN  OR SEVENTEEN years of age did an act which, if done by a person
   36  over the age of [sixteen] EIGHTEEN, would constitute  a  crime  provided
   37  (1)  such act is one for which it may not indict; (2) it does not indict
   38  such person for a crime; and (3)  the  evidence  before  it  is  legally
   39  sufficient  to establish that such person did such act and competent and
   40  admissible evidence before it provides reasonable cause to believe  that
   41  such person did such act.
   42    (c)  Upon  voting  to  remove a charge to the family court pursuant to
   43  subdivision (b) of this section, the grand jury must, through its  fore-
   44  man  or  acting  foreman,  file a request to transfer such charge to the
   45  family court. Such request shall be filed with the court by which it was
   46  impaneled. It must (1) allege that a person named therein  did  any  act
   47  which,  if  done  by  a person over the age of [sixteen] EIGHTEEN, would
   48  constitute a crime; (2) specify the act and the time and  place  of  its
   49  commission; and (3) be signed by the foreman or the acting foreman.
   50    S 4. Subdivision 6 of section 200.20 of the criminal procedure law, as
   51  added by chapter 136 of the laws of 1980, is amended to read as follows:
   52    6.  Where an indictment charges at least one offense against a defend-
   53  ant who was under the age of [sixteen]  EIGHTEEN  at  the  time  of  the
   54  commission of the crime and who did not lack criminal responsibility for
   55  such crime by reason of infancy, the indictment may, in addition, charge
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    1  in  separate  counts  one  or  more other offenses for which such person
    2  would not have been criminally responsible by reason of infancy, if:
    3    (a)  the offense for which the defendant is criminally responsible and
    4  the one or more other offenses for which he would not have  been  crimi-
    5  nally  responsible  by  reason of infancy are based upon the same act or
    6  upon the same criminal transaction, as that term is defined in  subdivi-
    7  sion two of section 40.10 of this chapter; or
    8    (b)  the  offenses  are  of such nature that either proof of the first
    9  offense would be material and admissible as evidence  in  chief  upon  a
   10  trial of the second, or proof of the second would be material and admis-
   11  sible as evidence in chief upon a trial of the first.
   12    S 5. Subdivision 5 of section 210.20 of the criminal procedure law, as
   13  added by chapter 136 of the laws of 1980, is amended to read as follows:
   14    5. If the court dismisses one or more counts of an indictment, against
   15  a  defendant  who was under the age of [sixteen] EIGHTEEN at the time of
   16  the commission of the crime and who did not lack criminal responsibility
   17  for such crime by reason of infancy, and one or more other counts of the
   18  indictment  having  been  joined  in  the  indictment  solely  with  the
   19  dismissed  count  pursuant  to  subdivision six of section 200.20 is not
   20  dismissed, the court must direct that such count be removed to the fami-
   21  ly court in accordance with article seven hundred  twenty-five  of  this
   22  chapter.
   23    S  6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
   24  procedure law, as amended by chapter 264 of the laws of 2003, is amended
   25  to read as follows:
   26    (b) [with the consent of the district attorney,] order removal  of  an
   27  action  involving an indictment charging a juvenile offender with murder
   28  in the second degree as defined in section 125.25 of the penal law; rape
   29  in the first degree, as defined in subdivision one of section 130.35  of
   30  the  penal  law;  criminal sexual act in the first degree, as defined in
   31  subdivision one of section 130.50 of the penal law; or an  armed  felony
   32  as defined in paragraph (a) of subdivision forty-one of section 1.20, to
   33  the  family  court  pursuant  to the provisions of article seven hundred
   34  twenty-five of this chapter if the  court  finds  one  or  more  of  the
   35  following  factors: (i) mitigating circumstances that bear directly upon
   36  the manner in which the crime was committed; (ii)  where  the  defendant
   37  was not the sole participant in the crime, the defendant's participation
   38  was relatively minor although not so minor as to constitute a defense to
   39  the  prosecution;  or  (iii)  possible  deficiencies in the proof of the
   40  crime, and, after consideration of the factors set forth in  subdivision
   41  two  of this section, the court determined that removal of the action to
   42  the family court would be in the interests of justice.
   43    S 7. Subparagraphs (i), (iii) and the second undesignated paragraph of
   44  paragraph (g) of subdivision 5 of section 220.10 of the criminal  proce-
   45  dure  law,  subparagraph  (i)  as  amended by chapter 410 of the laws of
   46  1979, subparagraph (iii) as amended by chapter 264 of the laws  of  2003
   47  and  the  second undesignated paragraph as amended by chapter 920 of the
   48  laws of 1982, are amended to read as follows:
   49    (i) If the indictment charges a person fourteen [or] fifteen,  SIXTEEN
   50  OR SEVENTEEN years old with the crime of murder in the second degree any
   51  plea  of  guilty entered pursuant to subdivision three or four must be a
   52  plea of guilty of a crime for which the defendant is criminally  respon-
   53  sible;
   54    (iii)  Where  the  indictment  does  not  charge  a crime specified in
   55  subparagraph (i) of this paragraph, the district attorney may  recommend
   56  removal  of the action to the family court. Upon making such recommenda-
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    1  tion the district attorney shall submit a subscribed memorandum  setting
    2  forth:  (1) a recommendation that the interests of justice would best be
    3  served by removal of the action to the family  court;  and  (2)  if  the
    4  indictment  charges  a thirteen year old with the crime of murder in the
    5  second degree, or a fourteen [or], fifteen, SIXTEEN  OR  SEVENTEEN  year
    6  old  with  the crimes of rape in the first degree as defined in subdivi-
    7  sion one of section 130.35 of the penal law, or criminal sexual  act  in
    8  the  first degree as defined in subdivision one of section 130.50 of the
    9  penal law, or an armed felony as defined in paragraph (a) of subdivision
   10  forty-one of section 1.20 of this chapter specific factors, one or  more
   11  of which reasonably supports the recommendation, showing, (i) mitigating
   12  circumstances  that bear directly upon the manner in which the crime was
   13  committed, or (ii) where the defendant was not the sole  participant  in
   14  the  crime,  that  the  defendant's  participation  was relatively minor
   15  although not so minor as to constitute a defense to the prosecution,  or
   16  (iii)  possible  deficiencies  in  proof of the crime, or (iv) where the
   17  juvenile offender has no previous adjudications of  having  committed  a
   18  designated  felony act, as defined in subdivision eight of section 301.2
   19  of the family court act, regardless of the age of the  offender  at  the
   20  time  of  commission of the act, that the criminal act was not part of a
   21  pattern of criminal behavior and, in view of the history of  the  offen-
   22  der, is not likely to be repeated.
   23    If the court is of the opinion [based on specific factors set forth in
   24  the  district attorney's memorandum] that the interests of justice would
   25  best be served by removal of the action to the family court, a  plea  of
   26  guilty  of  a  crime  or  act  for which the defendant is not criminally
   27  responsible may be entered pursuant to subdivision three or four of this
   28  section, except that a thirteen year  old  charged  with  the  crime  of
   29  murder  in  the second degree may only plead to a designated felony act,
   30  as defined in subdivision eight of section 301.2  of  the  family  court
   31  act.
   32    S  8.   Subdivision 5 of section 300.50 of the criminal procedure law,
   33  as added by chapter 481 of the laws of  1978,  is  amended  to  read  as
   34  follows:
   35    5.  Where  the  indictment  charges a crime committed by the defendant
   36  while he OR SHE was under the age of [sixteen]  EIGHTEEN  but  a  lesser
   37  included  offense would be one for which the defendant is not criminally
   38  responsible by reason of  infancy,  such  lessor  included  offense  may
   39  nevertheless  be  submitted to the jury in the same manner as an offense
   40  for which the defendant would be criminally responsible  notwithstanding
   41  the  fact  that  a  verdict  of  guilty  would  not result in a criminal
   42  conviction.
   43    S 9. Section 330.25 of the criminal procedure law, as added by chapter
   44  481 of the laws of 1978, and subdivision 2 as amended by chapter 920  of
   45  the laws of 1982, is amended to read as follows:
   46  S 330.25 Removal after verdict.
   47    1.  Where  a  defendant  is  a  juvenile  offender  who does not stand
   48  convicted of murder in the second degree,  upon  motion  [and  with  the
   49  consent  of  the  district  attorney],  the action may be removed to the
   50  family court in the interests  of  justice  pursuant  to  article  seven
   51  hundred twenty-five of this chapter notwithstanding the verdict.
   52    2. [If the district attorney consents to the motion for removal pursu-
   53  ant  to  this  section,  he  shall file a subscribed memorandum with the
   54  court setting forth  (1)  a  recommendation  that]  IN  DETERMINING  THE
   55  MOTION,  THE COURT SHALL CONSIDER:  (1) WHETHER the interests of justice
   56  would best be served by removal of the action to the family  court;  and
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    1  (2)  if  the  conviction  is of an offense set forth in paragraph (b) of
    2  subdivision one of section 210.43  of  this  chapter,  WHETHER  specific
    3  factors  EXIST,  one  or more of which reasonably [support] SUPPORTS the
    4  [recommendation] MOTION, showing, (i) mitigating circumstances that bear
    5  directly upon the manner in which the crime was committed, or (ii) where
    6  the  defendant  was  not  the  sole  participant  in the crime, that the
    7  defendant's participation was relatively minor although not so minor  as
    8  to  constitute  a  defense  to  prosecution, or (iii) where the juvenile
    9  offender has no previous adjudications of having committed a  designated
   10  felony  act,  as  defined  in  subdivision eight of section 301.2 of the
   11  family court act, regardless of the age of the offender at the  time  of
   12  commission  of  the act, that the criminal act was not part of a pattern
   13  of criminal behavior and, in view of the history of the offender, is not
   14  likely to be repeated.
   15    3. If the court is of the opinion, based  upon  the  specific  factors
   16  [set  forth  in  the district attorney's memorandum] SHOWN TO THE COURT,
   17  that the interests of justice would best be served  by  removal  of  the
   18  action to the family court, the verdict shall be set aside and a plea of
   19  guilty  of  a  crime  or  act  for which the defendant is not criminally
   20  responsible may be entered pursuant to  subdivision  three  or  four  of
   21  section  220.10 of this chapter. Upon accepting any such plea, the court
   22  must specify upon the record the [portion or portions  of  the  district
   23  attorney's  statement] FACTORS the court is relying upon as the basis of
   24  its opinion and that it believes the interests of justice would best  be
   25  served  by  removal  of  the  proceeding to the family court.  Such plea
   26  shall then be deemed to be a juvenile delinquency fact determination and
   27  the court upon entry thereof must direct that the action be  removed  to
   28  the  family  court  in  accordance  with the provisions of article seven
   29  hundred twenty-five of this chapter.
   30    S 10. Section 510.15 of the criminal  procedure  law,  as  amended  by
   31  chapter  411 of the laws of 1979, subdivision 1 as designated and subdi-
   32  vision 2 as added by chapter 359 of the laws of 1980, is amended to read
   33  as follows:
   34  S 510.15  Commitment of principal under [sixteen] EIGHTEEN.
   35    1. When a principal who is under the  age  of  [sixteen]  EIGHTEEN  is
   36  committed  to  the custody of the sheriff the court must direct that the
   37  principal be taken to and lodged in  a  place  certified  by  the  state
   38  [division  for  youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juve-
   39  nile detention facility for the reception of children.    Where  such  a
   40  direction  is made the sheriff shall deliver the principal in accordance
   41  therewith and such person shall although lodged and cared for in a juve-
   42  nile detention facility continue to be deemed to be in  the  custody  of
   43  the  sheriff.   No principal under the age of [sixteen] EIGHTEEN to whom
   44  the provisions of this section may apply shall be detained in any  pris-
   45  on, jail, lockup, or other place used for adults convicted of a crime or
   46  under  arrest  and  charged  with  the commission of a crime without the
   47  approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
   48  SERVICES in the case of each principal and the statement of its  reasons
   49  therefor.    The  sheriff shall not be liable for any acts done to or by
   50  such principal resulting from negligence in the detention  of  and  care
   51  for  such  principal, when the principal is not in the actual custody of
   52  the sheriff.
   53    2. Except upon consent of the defendant or for good  cause  shown,  in
   54  any  case in which a new securing order is issued for a principal previ-
   55  ously committed to the custody of the sheriff pursuant to this  section,
   56  such  order  shall  further  direct the sheriff to deliver the principal
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    1  from a juvenile detention facility to the person or place  specified  in
    2  the order.
    3    S  11.  Subdivision 1 of section 720.10 of the criminal procedure law,
    4  as amended by chapter 411 of the laws of 1979, is  amended  to  read  as
    5  follows:
    6    1.  "Youth"  means  a person charged with a crime alleged to have been
    7  committed when he was at least [sixteen] EIGHTEEN  years  old  and  less
    8  than  [nineteen] TWENTY years old or a person charged with being a juve-
    9  nile offender as defined in subdivision forty-two  of  section  1.20  of
   10  this chapter.
   11    S 12. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
   12  procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
   13    S 13. Paragraph (e) of subdivision 2 of section 725.20 of the criminal
   14  procedure law, as amended by chapter 411 of the laws of 1979, is amended
   15  to read as follows:
   16    (e)    Where  the  direction  is  one authorized by subdivision one of
   17  section 210.43 of this chapter, a copy of that portion  of  the  minutes
   18  containing  the  statement by the court pursuant to paragraph [(a)] A of
   19  subdivision five of section 210.43; AND
   20    S 14. The criminal procedure law is amended by adding  a  new  article
   21  726 to read as follows:
   22                                 ARTICLE 726
   23                  REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED
   24          JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT
   25  SECTION 726.00 APPLICABILITY.
   26          726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
   27  S 726.00 APPLICABILITY.
   28    THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A COURT DIRECTS
   29  THAT  AN  ACTION  OR  CHARGE BROUGHT BY A JUVENILE DELINQUENCY PETITION,
   30  PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT,  AGAINST  A  JUVENILE
   31  OFFENDER  WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF
   32  SUCH OFFENSE, IS TO BE REMOVED FROM FAMILY COURT TO A SUPERIOR  CRIMINAL
   33  COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT.
   34  S 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
   35    1.  WHEN  A  FAMILY  COURT  DIRECTS  THAT  AN ACTION OR CHARGE BROUGHT
   36  AGAINST A JUVENILE OFFENDER BY A JUVENILE DELINQUENCY PETITION  PURSUANT
   37  TO ARTICLE THREE OF THE FAMILY COURT ACT BE REMOVED FROM FAMILY COURT TO
   38  A  SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT
   39  ACT, THE DISTRICT ATTORNEY WHO REQUESTED  SUCH  REMOVAL  SHALL  PROMPTLY
   40  FILE  SUCH REMOVAL ORDER AND THE APPROPRIATE CHARGING DOCUMENTS WITH THE
   41  SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURISDICTION OVER SUCH
   42  OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO RESULT.
   43    2. FOLLOWING THE GRANTING OF SUCH AN ORDER OF  REMOVAL,  THE  JUVENILE
   44  SHALL  BE  BROUGHT  FORTHWITH  AND  WITH ALL REASONABLE SPEED BEFORE THE
   45  APPROPRIATE SUPERIOR CRIMINAL COURT  FOR  APPROPRIATE  PROCEEDINGS.  FOR
   46  PURPOSES  OF  THIS SECTION, A JUDGE OR JUSTICE OF A SUPERIOR COURT SHALL
   47  PRESIDE OVER SUCH PROCEEDINGS AS SUCH A JUDGE OR JUSTICE OF THE SUPERIOR
   48  CRIMINAL COURT, OR AS A LOCAL CRIMINAL COURT, AS APPROPRIATE.
   49    3. THE SUPERIOR CRIMINAL COURT MUST ASSUME JURISDICTION AND PROCEED AS
   50  THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND TO THE EXTENT  PROVIDED  BY
   51  LAW.
   52    4.  UPON  THE  FILING  OF AN ORDER OF REMOVAL IN THE SUPERIOR CRIMINAL
   53  COURT, THE FAMILY COURT ARTICLE THREE ACTION UPON  WHICH  THE  ORDER  IS
   54  BASED  SHALL  BE TERMINATED AND THERE SHALL BE NO FURTHER PROCEEDINGS IN
   55  THE FAMILY COURT WITH RESPECT TO THE  OFFENSE,  UNLESS  SUCH  ACTION  IS
   56  REMOVED  BACK  TO  THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF
       A. 3668--A                          8
    1  ARTICLE  SEVEN  HUNDRED  TWENTY-FIVE  OF  THIS  CHAPTER.   ALL   FURTHER
    2  PROCEEDINGS  INCLUDING  MOTIONS  AND APPEALS SHALL BE IN ACCORDANCE WITH
    3  LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE  ALL  FIND-
    4  INGS,  DETERMINATIONS,  VERDICTS  AND  ORDERS,  OTHER  THAN THE ORDER OF
    5  REMOVAL, SHALL BE DEEMED TO HAVE BEEN  MADE  BY  THE  SUPERIOR  CRIMINAL
    6  COURT.
    7    S 15. Section 507-d of the executive law, as amended by chapter 465 of
    8  the laws of 1992, is amended to read as follows:
    9    S 507-d. Confinement  of  juvenile  delinquents  under sentence of the
   10  courts of the United States. The directors of secure and limited  secure
   11  facilities  shall receive and safely keep in such facilities, subject to
   12  the provisions of this article, any person not over the age of [sixteen]
   13  EIGHTEEN years convicted of any offense against the United  States,  and
   14  sentenced  to  imprisonment  by  any court of the United States, sitting
   15  within this state, until such  sentences  be  executed,  or  until  such
   16  delinquent  shall  be  discharged by due course of law, conditioned upon
   17  the United States supporting such delinquent  and  paying  the  expenses
   18  attendant upon the execution of such sentence.
   19    S  16. Subparagraph 1 of paragraph (a) of subdivision 5 of section 530
   20  of the executive law, as amended by section 5 of subpart B of part Q  of
   21  chapter 58 of the laws of 2011, is amended to read as follows:
   22    (1) temporary care, maintenance and supervision provided alleged juve-
   23  nile delinquents and persons in need of supervision in detention facili-
   24  ties  certified  pursuant  to sections seven hundred twenty and 305.2 of
   25  the family court act by the office  of  children  and  family  services,
   26  pending  adjudication  of  alleged delinquency or alleged need of super-
   27  vision by the family court, or pending transfer to institutions to which
   28  committed or placed by such court or while awaiting disposition by  such
   29  court after adjudication or held pursuant to a securing order of a crim-
   30  inal  court  if the person named therein as principal is under [sixteen]
   31  EIGHTEEN; or,
   32    S 17. Subdivision (b) of section 117  of  the  family  court  act,  as
   33  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   34    (b)  For  every  juvenile  delinquency  proceeding under article three
   35  involving an allegation of an act committed by a person which,  if  done
   36  by  an adult, would be a crime (i) defined in sections 125.27 (murder in
   37  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   38  ping in the first degree); or 150.20 (arson in the first degree) of  the
   39  penal  law  committed  by  a  person  thirteen,  fourteen [or], fifteen,
   40  SIXTEEN OR SEVENTEEN years of age; or such conduct committed as a  sexu-
   41  ally  motivated  felony,  where authorized pursuant to section 130.91 of
   42  the penal law; (ii) defined in sections 120.10  (assault  in  the  first
   43  degree);  125.20 (manslaughter in the first degree); 130.35 (rape in the
   44  first degree); 130.50 (criminal sexual act in the first degree);  135.20
   45  (kidnapping in the second degree), but only where the abduction involved
   46  the  use or threat of use of deadly physical force; 150.15 (arson in the
   47  second degree); or 160.15 (robbery in the first degree) of the penal law
   48  committed by a person  thirteen,  fourteen  [or],  fifteen,  SIXTEEN  OR
   49  SEVENTEEN  years  of  age; or such conduct committed as a sexually moti-
   50  vated felony, where authorized pursuant to section 130.91 of  the  penal
   51  law;  (iii)  defined  in the penal law as an attempt to commit murder in
   52  the first or second degree or kidnapping in the first  degree  committed
   53  by a person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
   54  of  age; or such conduct committed as a sexually motivated felony, where
   55  authorized pursuant to section 130.91 of the penal law; (iv) defined  in
   56  section  140.30  (burglary  in  the  first  degree);  subdivision one of
       A. 3668--A                          9
    1  section 140.25 (burglary in  the  second  degree);  subdivision  two  of
    2  section  160.10  (robbery  in  the  second  degree) of the penal law; or
    3  section 265.03 of the penal law, where such machine gun or such  firearm
    4  is possessed on school grounds, as that phrase is defined in subdivision
    5  fourteen  of section 220.00 of the penal law committed by a person four-
    6  teen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or  such  conduct
    7  committed  as  a sexually motivated felony, where authorized pursuant to
    8  section 130.91 of the penal law; (v) defined in section 120.05  (assault
    9  in  the  second  degree) or 160.10 (robbery in the second degree) of the
   10  penal law committed by a  person  fourteen  [or],  fifteen,  SIXTEEN  OR
   11  SEVENTEEN  years of age but only where there has been a prior finding by
   12  a court that such person has  previously  committed  an  act  which,  if
   13  committed  by  an  adult,  would  be  the crime of assault in the second
   14  degree, robbery in the second degree or any designated felony act speci-
   15  fied in clause (i), (ii) or (iii) of this subdivision regardless of  the
   16  age  of  such  person at the time of the commission of the prior act; or
   17  (vi) other than a misdemeanor, committed by a person at least seven  but
   18  less than [sixteen] EIGHTEEN years of age, but only where there has been
   19  two  prior  findings by the court that such person has committed a prior
   20  act which, if committed by an adult would be a felony:
   21    (i) There is hereby established in the family court in the city of New
   22  York at least one "designated felony act part." Such part or parts shall
   23  be held separate from all other proceedings of the court, and shall have
   24  jurisdiction over all proceedings involving such an allegation. All such
   25  proceedings shall be originated in or be transferred to this  part  from
   26  other parts as they are made known to the court.
   27    (ii)  Outside  the city of New York, all proceedings involving such an
   28  allegation shall have a hearing preference over every  other  proceeding
   29  in the court, except proceedings under article ten.
   30    (III)  THERE  IS  HEREBY  ESTABLISHED  IN THE FAMILY COURT ONE OR MORE
   31  "VIOLATION AND TRAFFIC INFRACTION PARTS". SUCH PARTS SHALL  HAVE  JURIS-
   32  DICTION,  OVER  ANY OFFENSE THAT IS NOT A FELONY, OR A MISDEMEANOR UNDER
   33  THE PENAL LAW ALLEGEDLY COMMITTED BY A PERSON SIXTEEN OR SEVENTEEN YEARS
   34  OF AGE.  NOTHING IN THIS SUBPARAGRAPH SHALL PREVENT  A  JUDGE  PRESIDING
   35  OVER A PROCEEDING CONCERNING SUCH AN OFFENSE, AFTER NOTICE AND AN OPPOR-
   36  TUNITY FOR THE PARTIES TO BE HEARD, FROM TRANSFERRING SUCH PROCEEDING TO
   37  OR  CONSOLIDATING  SUCH PROCEEDING BEFORE ANOTHER FAMILY COURT JUDGE, IN
   38  THE SAME JURISDICTION, BEFORE WHOM A RELATED PROCEEDING,  INVOLVING  THE
   39  SAME RESPONDENT, IS PENDING.
   40    S  18.  Subdivision  (a)  of  section  158  of the family court act is
   41  amended to read as follows:
   42    (a) The family court may place in protective custody  a  person  under
   43  [sixteen]  EIGHTEEN  years of age who is a material witness, as provided
   44  by law.
   45    S 19. The family court act is amended by adding a new section 325.5 to
   46  read as follows:
   47    S 325.5. REMOVAL FOR PROCEEDINGS IN A SUPERIOR COURT; CERTAIN  ALLEGED
   48  OFFENSES  BY  YOUTHS  AGE  THIRTEEN,  FOURTEEN  OR FIFTEEN.   1. (A) (I)
   49  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF PART FOUR OF THIS ARTICLE,
   50  AT ANY TIME WITHIN TEN DAYS AFTER THE INITIAL APPEARANCE WITH RESPECT TO
   51  A JUVENILE DELINQUENCY PETITION WHICH ALLEGES CONDUCT  THAT  IS  ALSO  A
   52  JUVENILE OFFENSE, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF
   53  THE  PENAL  LAW,  AND THAT IS PENDING PURSUANT TO THIS ARTICLE AGAINST A
   54  YOUTH WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME  OF
   55  SUCH ALLEGED OFFENSE, IF SUCH RESPONDENT HAS NOT ENTERED AN ADMISSION TO
   56  ALL  SUCH JUVENILE OFFENSE COUNTS PURSUANT TO SECTION 321.2 OF THIS PART
       A. 3668--A                         10
    1  THAT HAS BEEN ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART,  HAS  NOT
    2  WAIVED A FACT-FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND
    3  SUCH A FACT-FINDING HEARING HAS NOT OTHERWISE COMMENCED, THE APPROPRIATE
    4  PRESENTMENT  AGENCY  SHALL,  UPON  THE  WRITTEN  REQUEST OF THE DISTRICT
    5  ATTORNEY HAVING  GEOGRAPHIC  JURISDICTION  OVER  SUCH  ALLEGED  OFFENSE,
    6  PROMPTLY  SERVE  AND FILE, IN THE FAMILY COURT IN WHICH SUCH PETITION IS
    7  PENDING, A MOTION SEEKING TO REMOVE  SUCH  JUVENILE  OFFENDER  COUNT  OR
    8  COUNTS  TO  THE SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURIS-
    9  DICTION OVER SUCH OFFENSE OR OFFENSES WERE  AN  INDICTMENT  THEREFOR  TO
   10  RESULT.
   11    (II)  SUCH  REQUEST  BY  THE PRESENTMENT AGENCY MAY (IF SOUGHT IN SUCH
   12  DISTRICT ATTORNEY'S WRITTEN REQUEST) INCLUDE A REQUEST TO REMOVE TO  THE
   13  SUPERIOR  CRIMINAL  COURT  OTHER  SPECIFIED RELATED OFFENSES OF THE TYPE
   14  DESCRIBED IN SUBDIVISION SIX OF SECTION 200.20 OF THE CRIMINAL PROCEDURE
   15  LAW, PROVIDED THAT THE RESPONDENT HAS NOT ENTERED AN ADMISSION  TO  SUCH
   16  COUNT  OR  COUNTS  PURSUANT  TO SECTION 321.2 OF THIS PART THAT HAS BEEN
   17  ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT WAIVED A  FACT-
   18  FINDING  HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND SUCH A FACT-
   19  FINDING HEARING HAS NOT OTHERWISE COMMENCED.
   20    (B) (I) IN ITS MOTION, WHICH SHALL  BE  IN  WRITING,  THE  PRESENTMENT
   21  AGENCY  SHALL  SET  FORTH  THE REASONS FOR THE MOTION FOR REMOVAL, WHICH
   22  SHALL BE STATED IN DETAIL AND  NOT  IN  CONCLUSORY  TERMS.  THE  WRITTEN
   23  REQUEST  OF  THE  DISTRICT ATTORNEY, WHICH MUST ALSO BE STATED IN DETAIL
   24  AND NOT IN CONCLUSORY TERMS, SHALL  BE  APPENDED  TO  THE  MOTION.  SUCH
   25  DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY ACTING ON BEHALF OF
   26  SUCH  DISTRICT  ATTORNEY,  MAY ALSO SERVE AND FILE AN AFFIRMATION IN THE
   27  NATURE OF AN AMICUS CURIAE IN  THE  FAMILY  COURT  IN  SUPPORT  OF  SUCH
   28  MOTION.
   29    (II) THE COURT MAY GRANT A HEARING ON THE MOTION AT THE REQUEST OF ANY
   30  PARTY.  THE PRESENTMENT AGENCY SHALL HAVE THE BURDEN TO SHOW: (A) AGGRA-
   31  VATING CIRCUMSTANCES THAT BEAR DIRECTLY ON  THE  MANNER  IN  WHICH  SUCH
   32  CRIME  OR  CRIMES  WERE COMMITTED; AND (B) IF THE RESPONDENT WAS NOT THE
   33  SOLE PARTICIPANT IN SUCH CRIME OR CRIMES, THAT THE RESPONDENT  PLAYED  A
   34  MAJOR  ROLE  OR  WAS  THE  DOMINANT  PARTICIPANT IN SUCH CRIMES. IF SUCH
   35  BURDEN IS MET, THE COURT MAY GRANT REMOVAL ONLY  IF,  AFTER  CONSIDERING
   36  THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION 210.43 OF THE CRIMI-
   37  NAL  PROCEDURE  LAW,  IT  DETERMINES THAT REMOVAL TO A SUPERIOR COURT IS
   38  NECESSARY TO ACCOMPLISH THE PURPOSES SET FORTH IN SECTION  1.05  OF  THE
   39  PENAL LAW AND ASSURE A JUST AND FAIR RESULT.
   40    2.  (A)  IF THE COURT ORDERS REMOVAL OF ALL OR A PORTION OF THE ACTION
   41  TO A SUPERIOR  CRIMINAL  COURT  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
   42  SECTION,  IT SHALL STATE ON THE RECORD THE FACTORS UPON WHICH ITS DETER-
   43  MINATION IS BASED, AND SHALL GIVE ITS REASONS FOR REMOVAL IN DETAIL  AND
   44  NOT IN CONCLUSORY TERMS.
   45    (B)  WHERE  A  MOTION  FOR REMOVAL PURSUANT TO SUBDIVISION ONE OF THIS
   46  SECTION HAS BEEN DENIED, NO FURTHER MOTION PURSUANT TO THIS SECTION  MAY
   47  BE  MADE  BY  THE PRESENTMENT AGENCY WITH RESPECT TO THE SAME OFFENSE OR
   48  OFFENSES.
   49    3. (A) WHERE AN ORDER OF REMOVAL HAS BEEN  GRANTED  PURSUANT  TO  THIS
   50  SECTION, AND THE RESPONDENT IS IN DETENTION PURSUANT TO SECTION 320.5 OF
   51  THIS  PART,  THE  ORDER  OF  REMOVAL TO THE SUPERIOR CRIMINAL COURT MUST
   52  PROVIDE THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST  OR
   53  SOME  OTHER  PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE SPEED TAKE
   54  THE JUVENILE TO THE DESIGNATED SUPERIOR COURT. THE ORDER OF REMOVAL MUST
   55  SPECIFY A DATE CERTAIN WITHIN TEN DAYS FROM THE DATE  OF  THE  ORDER  OF
   56  REMOVAL FOR THE RESPONDENT'S APPEARANCE IN SUCH SUPERIOR COURT PROVIDED,
       A. 3668--A                         11
    1  HOWEVER,  THAT WHERE THE RESPONDENT IS IN DETENTION OR IN THE CUSTODY OF
    2  THE SHERIFF THAT DATE MUST BE NOT LATER THAN THE NEXT DAY  THE  SUPERIOR
    3  COURT IS IN SESSION.
    4    (B)  THE  ORDER  OF  REMOVAL MUST DIRECT THAT ALL OF THE PLEADINGS AND
    5  PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO
    6  THE DESIGNATED SUPERIOR COURT AND BE DELIVERED TO  AND  FILED  WITH  THE
    7  CLERK  OF  THAT  COURT.  FOR  THE  PURPOSES OF THIS SUBDIVISION THE TERM
    8  "PLEADINGS AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING, INQUIRY
    9  OR TRIAL HELD IN THE ACTION AND THE MINUTES OF  ANY  PLEA  ACCEPTED  AND
   10  ENTERED.
   11    (C)  THE  ORDER  OF  REMOVAL MUST BE SIGNED BY THE JUDGE OF THE FAMILY
   12  COURT WHO DIRECTED THE REMOVAL.
   13    S 20. Subdivisions 1, 8 and 14 of section 301.2 of  the  family  court
   14  act,  subdivisions  1 and 14 as added by chapter 920 of the laws of 1982
   15  and subdivision 8 as amended by chapter 7  of  the  laws  of  2007,  are
   16  amended to read as follows:
   17    1.  "Juvenile  delinquent"  means  a  person  over seven and less than
   18  [sixteen] EIGHTEEN years of age, who, having committed an act that would
   19  constitute a crime if committed by  an  adult,  (a)  is  not  criminally
   20  responsible  for  such  conduct  by  reason  of infancy, [or] (b) is the
   21  defendant in an action ordered removed from  a  criminal  court  to  the
   22  family court pursuant to article seven hundred twenty-five of the crimi-
   23  nal  procedure  law,  OR  (C)  COULD BE, BUT IS NOT, THE DEFENDANT IN AN
   24  ACTION AGAINST A SIXTEEN OR SEVENTEEN YEAR OLD AUTHORIZED BY SUBDIVISION
   25  FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   26    8. "Designated felony act" means an act which, if done  by  an  adult,
   27  would  be  a  crime: (i) defined in sections 125.27 (murder in the first
   28  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
   29  first degree); or 150.20 (arson in the first degree) of  the  penal  law
   30  committed  by  a  person  thirteen,  fourteen  [or], fifteen, SIXTEEN OR
   31  SEVENTEEN years of age; or such conduct committed as  a  sexually  moti-
   32  vated  felony,  where authorized pursuant to section 130.91 of the penal
   33  law; (ii) defined in sections 120.10  (assault  in  the  first  degree);
   34  125.20  (manslaughter  in  the  first degree); 130.35 (rape in the first
   35  degree); 130.50 (criminal  sexual  act  in  the  first  degree);  130.70
   36  (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
   37  second  degree)  but only where the abduction involved the use or threat
   38  of use of deadly physical force; 150.15 (arson in the second degree)  or
   39  160.15  (robbery  in  the  first degree) of the penal law committed by a
   40  person thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years  of
   41  age;  or  such  conduct  committed as a sexually motivated felony, where
   42  authorized pursuant to section 130.91 of the penal law; (iii) defined in
   43  the penal law as an attempt to commit murder  in  the  first  or  second
   44  degree or kidnapping in the first degree committed by a person thirteen,
   45  fourteen  [or],  fifteen,  SIXTEEN  OR  SEVENTEEN  years of age; or such
   46  conduct committed as  a  sexually  motivated  felony,  where  authorized
   47  pursuant  to  section  130.91  of the penal law; (iv) defined in section
   48  140.30 (burglary in the first degree); subdivision one of section 140.25
   49  (burglary in the second  degree);  subdivision  two  of  section  160.10
   50  (robbery  in  the  second degree) of the penal law; or section 265.03 of
   51  the penal law, where such machine gun or such firearm  is  possessed  on
   52  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   53  section 220.00 of the penal law committed by  a  person  fourteen  [or],
   54  fifteen, SIXTEEN OR SEVENTEEN years of age; or such conduct committed as
   55  a sexually motivated felony, where authorized pursuant to section 130.91
   56  of  the  penal law; (v) defined in section 120.05 (assault in the second
       A. 3668--A                         12
    1  degree) or 160.10 (robbery in  the  second  degree)  of  the  penal  law
    2  committed by a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
    3  of  age  but  only  where there has been a prior finding by a court that
    4  such  person  has  previously committed an act which, if committed by an
    5  adult, would be the crime of assault in the second  degree,  robbery  in
    6  the  second  degree  or any designated felony act specified in paragraph
    7  (i), (ii), or (iii) of this subdivision regardless of the  age  of  such
    8  person  at  the  time  of the commission of the prior act; or (vi) other
    9  than a misdemeanor committed by a person at least seven  but  less  than
   10  [sixteen] EIGHTEEN years of age, but only where there has been two prior
   11  findings by the court that such person has committed a prior felony.
   12    14.  Any  reference  in this article to "CRIME" OR the commission of a
   13  crime includes any act which, if done by an adult,  would  constitute  a
   14  crime, AND ANY ACT COMMITTED BY A YOUTH AGED SIXTEEN OR SEVENTEEN WHICH,
   15  IF  DONE BY AN ADULT, WOULD CONSTITUTE AN OFFENSE AS DEFINED IN SUBDIVI-
   16  SION ONE OF SECTION 10.00 OF THE PENAL LAW.
   17    S 21. Subdivisions 1 and 2 of section 305.1 of the family  court  act,
   18  as  added  by  chapter  920  of the laws of 1982, are amended to read as
   19  follows:
   20    1. A private person may take a child under the age of [sixteen]  EIGH-
   21  TEEN  into  custody in cases in which he may arrest an adult for a crime
   22  under section 140.30 of the criminal procedure law.
   23    2. Before taking such child under the age of [sixteen]  EIGHTEEN  into
   24  custody, a private person must inform the child of the cause thereof and
   25  require  him  to submit, except when he is taken into custody on pursuit
   26  immediately after the commission of a crime.
   27    S 22. Subdivision 2 of section 305.2 of the family court act, as added
   28  by chapter 920 of the laws of 1982, is amended to read as follows:
   29    2. An officer may take a child under the  age  of  [sixteen]  EIGHTEEN
   30  into  custody without a warrant in cases in which he may arrest a person
   31  for a crime under article one hundred forty of  the  criminal  procedure
   32  law.
   33    S  23.  Paragraph  (c) of subdivision 3 of section 311.1 of the family
   34  court act, as added by chapter 920 of the laws of 1982,  is  amended  to
   35  read as follows:
   36    (c)  the fact that the respondent is a person under [sixteen] EIGHTEEN
   37  years of age at the time of the alleged act or acts;
   38    S 24. Subdivision 1 of section 352.2 of the family court act, as added
   39  by chapter 920 of the laws of 1982, is amended to read as follows:
   40    1. Upon the conclusion of the dispositional hearing, the  court  shall
   41  enter an order of disposition:
   42    (a)  conditionally  discharging  the respondent in accord with section
   43  353.1; or
   44    (b) putting the respondent on probation in accord with section  353.2;
   45  or
   46    (c)  continuing  the  proceeding  and placing the respondent in accord
   47  with section 353.3; or
   48    (d) placing the respondent in accord with section 353.4; or
   49    (e) continuing the proceeding  and  placing  the  respondent  under  a
   50  restrictive placement in accord with section 353.5; OR
   51    (F) WHERE APPLICABLE, IN ACCORD WITH SECTION 353.7.
   52    S 25. The family court act is amended by adding a new section 353.7 to
   53  read as follows:
   54    S  353.7.    DISPOSITIONS FOR CERTAIN OFFENSES COMMITTED BY YOUTHS AGE
   55  SIXTEEN OR SEVENTEEN. 1. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE
   56  TIME OF SUCH ACT IS FOUND TO HAVE COMMITTED AN OFFENSE THAT IS  LAWFULLY
       A. 3668--A                         13
    1  CLASSIFIED AS A VIOLATION OR TRAFFIC INFRACTION, THE COURT MAY ORDER THE
    2  RESPONDENT  TO  PAY  ANY  FINE  AND/OR  SURCHARGE AUTHORIZED FOR SUCH AN
    3  OFFENSE COMMITTED BY AN ADULT, AND/OR ORDER AN  UNCONDITIONAL  DISCHARGE
    4  OR CONDITIONAL DISCHARGE IN ACCORDANCE WITH SECTION 353.1 OF THIS PART.
    5    2. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
    6  FOUND  TO  HAVE  COMMITTED  AN  OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
    7  MISDEMEANOR, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHOR-
    8  IZED BY LAW, ORDER THE RESPONDENT  TO  PAY  ANY  FINE  AND/OR  SURCHARGE
    9  AUTHORIZED FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
   10    3. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
   11  FOUND  TO  HAVE  COMMITTED  AN  OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
   12  FELONY, THE COURT MAY, IN ADDITION TO ANY OTHER  DISPOSITION  AUTHORIZED
   13  BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED
   14  BY LAW FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
   15    4. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
   16  FOUND  TO HAVE COMMITTED A TRAFFIC INFRACTION, VIOLATION, MISDEMEANOR OR
   17  FELONY PROHIBITED BY THE VEHICLE AND TRAFFIC LAW, THE COURT MAY TAKE ANY
   18  ACTION WITH RESPECT TO SUCH PERSON'S DRIVER'S LICENSE OR DRIVING  PRIVI-
   19  LEGE AS IS AUTHORIZED BY LAW FOR SUCH A VIOLATION COMMITTED BY AN ADULT.
   20    5. FOR PURPOSES OF THIS SECTION, "OFFENSE" SHALL HAVE THE SAME MEANING
   21  AS IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW.
   22    S  26. Subdivision 18 of section 10.00 of the penal law, as amended by
   23  chapter 7 of the laws of 2007, is amended to read as follows:
   24    18. "Juvenile offender" means, WHERE PROSECUTION IS AUTHORIZED BY LAW,
   25  INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF  THE  CRIMINAL  PROCEDURE
   26  LAW  AND  SECTION  325.5  OF THE FAMILY COURT ACT: (1) a person thirteen
   27  years old who is criminally responsible for acts constituting murder  in
   28  the  second  degree  as  defined  in subdivisions one and two of section
   29  125.25 of this chapter or such conduct as a sexually  motivated  felony,
   30  where authorized pursuant to section 130.91 [of the penal law]; and
   31    (2)  a  person  fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years old
   32  who is criminally responsible for acts constituting the  crimes  defined
   33  in  subdivisions  one  and  two  of section 125.25 (murder in the second
   34  degree) and in subdivision three  of  such  section  provided  that  the
   35  underlying  crime  for the murder charge is one for which such person is
   36  criminally responsible; section 135.25 (kidnapping in the first degree);
   37  150.20 (arson in the first degree); subdivisions one and two of  section
   38  120.10  (assault in the first degree); 125.20 (manslaughter in the first
   39  degree); subdivisions one and two of section 130.35 (rape in  the  first
   40  degree); subdivisions one and two of section 130.50 (criminal sexual act
   41  in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
   42  degree); 140.30 (burglary in  the  first  degree);  subdivision  one  of
   43  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
   44  second degree); 160.15 (robbery in the first degree); subdivision two of
   45  section 160.10 (robbery in  the  second  degree)  of  this  chapter;  or
   46  section  265.03  of this chapter, where such machine gun or such firearm
   47  is possessed on school grounds, as that phrase is defined in subdivision
   48  fourteen of section 220.00 of this chapter; or defined in  this  chapter
   49  as an attempt to commit murder in the second degree or kidnapping in the
   50  first  degree,  or  such  conduct  as a sexually motivated felony, where
   51  authorized pursuant to section 130.91 [of the penal law].
   52    S 27. Subdivisions 1 and 2 of section 30.00 of the penal law, subdivi-
   53  sion 1 as amended by chapter 481 of the laws of 1978 and  subdivision  2
   54  as  amended  by  chapter  7  of the laws of 2007, are amended to read as
   55  follows:
       A. 3668--A                         14
    1    1. Except as provided in subdivision two of  this  section,  a  person
    2  less than [sixteen] EIGHTEEN years old is not criminally responsible for
    3  conduct.
    4    2. (A) A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
    5  years  of  age is criminally responsible for acts constituting murder in
    6  the second degree as defined in subdivisions  one  and  two  of  section
    7  125.25 and in subdivision three of such section provided that the under-
    8  lying crime for the murder charge is one for which such person is crimi-
    9  nally  responsible  or  for such conduct as a sexually motivated felony,
   10  where authorized pursuant to section 130.91 [of the penal  law],  EXCEPT
   11  THAT,  IN  THE  CASE  OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF
   12  AGE, THE PERSON IS ONLY CRIMINALLY RESPONSIBLE PURSUANT  TO  THIS  PARA-
   13  GRAPH IF SUCH ACTION AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMI-
   14  LY  COURT  TO A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE
   15  FAMILY COURT ACT AND SECTION 726.05 OF THE CRIMINAL PROCEDURE  LAW;  and
   16  (B)  a  person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age
   17  is criminally responsible for acts constituting the  crimes  defined  in
   18  section  135.25  (kidnapping  in the first degree); 150.20 (arson in the
   19  first degree); subdivisions one and two of section  120.10  (assault  in
   20  the  first  degree); 125.20 (manslaughter in the first degree); subdivi-
   21  sions one and two of section 130.35 (rape in the first degree); subdivi-
   22  sions one and two of section 130.50 (criminal sexual act  in  the  first
   23  degree);  130.70  (aggravated  sexual abuse in the first degree); 140.30
   24  (burglary in the  first  degree);  subdivision  one  of  section  140.25
   25  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   26  160.15 (robbery in the first degree); subdivision two of section  160.10
   27  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
   28  this chapter, where such machine gun or such  firearm  is  possessed  on
   29  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   30  section 220.00 of this chapter; or defined in this chapter as an attempt
   31  to commit murder in the second degree or kidnapping in the first degree,
   32  or for such conduct as a sexually  motivated  felony,  where  authorized
   33  pursuant  to section 130.91 [of the penal law], EXCEPT THAT, IN THE CASE
   34  OF A PERSON FOURTEEN OR FIFTEEN YEARS OF AGE, THE PERSON IS ONLY  CRIMI-
   35  NALLY  RESPONSIBLE PURSUANT TO THIS PARAGRAPH IF SUCH ACTION AGAINST HIM
   36  OR HER WAS ORDERED REMOVED FROM A FAMILY COURT TO  A  SUPERIOR  CRIMINAL
   37  COURT  PURSUANT  TO  SECTION  325.5  OF THE FAMILY COURT ACT AND SECTION
   38  726.05 OF THE CRIMINAL PROCEDURE LAW.
   39    S 28. Subdivision 2 of section 60.10 of the penal law, as  amended  by
   40  chapter 411 of the laws of 1979, is amended to read as follows:
   41    2. Subdivision one of this section shall apply when sentencing a juve-
   42  nile offender notwithstanding the provisions of any other law that deals
   43  with the authorized sentence for persons who are not juvenile offenders.
   44  Provided,  however, that the limitation prescribed by this section shall
   45  not be deemed or construed to bar use of  a  conviction  of  a  juvenile
   46  offender,  other  than  a  juvenile  offender who has been adjudicated a
   47  youthful offender pursuant to section 720.20 of the  criminal  procedure
   48  law,  as  a  previous  or predicate felony offender under section 70.04,
   49  70.06, 70.08 or 70.10, when sentencing a person  who  commits  a  felony
   50  after he has reached the age of [sixteen] EIGHTEEN.
   51    S  29.  Paragraph  (a)  of subdivision 3 of section 70.05 of the penal
   52  law, as amended by chapter 174 of the laws of 2003, is amended  to  read
   53  as follows:
   54    (a) For the class A felony of murder in the second degree, the minimum
   55  period of imprisonment shall be fixed by the court and shall be not less
   56  than  five years but shall not exceed nine years provided, however, that
       A. 3668--A                         15
    1  where the sentence is for an offense specified in subdivision one or two
    2  of section 125.25 of this chapter and the defendant was  fourteen  [or],
    3  fifteen, SIXTEEN OR SEVENTEEN years old at the time of such offense, the
    4  minimum period of imprisonment shall be not less than seven and one-half
    5  years but shall not exceed fifteen years;
    6    S  30.  Paragraph  (f)  of subdivision 1 of section 70.30 of the penal
    7  law, as added by chapter 481 of the laws of 1978 and  as  relettered  by
    8  chapter 3 of the laws of 1995, is amended to read as follows:
    9    (f) The aggregate maximum term of consecutive sentences imposed upon a
   10  juvenile  offender for two or more crimes, not including a class A felo-
   11  ny, committed before he has  reached  the  age  of  [sixteen]  EIGHTEEN,
   12  shall,  if  it  exceeds ten years, be deemed to be ten years. If consec-
   13  utive indeterminate sentences imposed upon a juvenile offender include a
   14  sentence for the class A felony of arson in the first degree or for  the
   15  class  A  felony  of  kidnapping in the first degree, then the aggregate
   16  maximum term of such sentences shall, if it exceeds  fifteen  years,  be
   17  deemed  to  be fifteen years. Where the aggregate maximum term of two or
   18  more consecutive sentences is reduced by a calculation made pursuant  to
   19  this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
   20  exceeds one-half of the aggregate maximum term as so reduced,  shall  be
   21  deemed to be one-half of the aggregate maximum term as so reduced.
   22    S  31.  Paragraph  (d)  of subdivision 1 of section 70.30 of the penal
   23  law, as added by chapter 481 of the laws of 1978, is amended to read  as
   24  follows:
   25    (d) The aggregate maximum term of consecutive sentences imposed upon a
   26  juvenile  offender for two or more crimes, not including a class A felo-
   27  ny, committed before he has  reached  the  age  of  [sixteen]  EIGHTEEN,
   28  shall,  if  it  exceeds ten years, be deemed to be ten years. If consec-
   29  utive indeterminate sentences imposed upon a juvenile offender include a
   30  sentence for the class A felony of arson in the first degree or for  the
   31  class  A  felony  of  kidnapping in the first degree, then the aggregate
   32  maximum term of such sentences shall, if it exceeds  fifteen  years,  be
   33  deemed  to  be fifteen years. Where the aggregate maximum term of two or
   34  more consecutive sentences is reduced by a calculation made pursuant  to
   35  this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
   36  exceeds one-half of the aggregate maximum term as so reduced,  shall  be
   37  deemed to be one-half of the aggregate maximum term as so reduced.
   38    S 32. Severability. If any clause, sentence, paragraph, subdivision or
   39  part  of  this  act, or the application thereof to any person or circum-
   40  stance, shall be adjudged by any court of competent jurisdiction  to  be
   41  invalid  or  unconstitutional, such judgment shall not affect, impair or
   42  invalidate the reminder thereof, but shall be confined in its  operation
   43  to  the clause, sentence, paragraph, subdivision or part of this act, or
   44  in its application to the person or circumstance, directly  involved  in
   45  the controversy in which such judgment shall have been rendered.
   46    S  33. This act shall take effect 18 months after it shall have become
   47  a law; provided, however, that the amendments to paragraph (f) of subdi-
   48  vision 1 of section 70.30 of the penal law made  by  section  thirty  of
   49  this  act shall be subject to the expiration and reversion of such para-
   50  graph pursuant to subdivision d of section 74 of chapter 3 of  the  laws
   51  of 1995, as amended, when upon such date the provisions of section thir-
   52  ty-one of this act shall take effect.