New York State Assembly

 
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A07713 Summary:

A07713 Actions:

A07713 Committee Votes:

Committee:CODES   Chair:Dinowitz      
DATE:05/25/2021AYE/NAY:17/5  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Heastie      
DATE:06/01/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A07713 Floor Votes:

A07713 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7713
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 20, 2021
                                       ___________
 
        Introduced  by  M.  of  A. JACKSON -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes
 
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation  to  pleas  of  guilty  and  removal  of  adolescent offender
          proceedings to the family court

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (ii)  of  paragraph (d) of subdivision 3 of
     2  section 30.00 of the penal law, as amended by section 38 of part WWW  of
     3  chapter 59 of the laws of 2017, is amended to read as follows:
     4    (ii)  results  from reduction or dismissal in satisfaction of a charge
     5  for a felony offense, in accordance with a plea of  guilty  pursuant  to
     6  subdivision four of section 220.10 of the criminal procedure law, unless
     7  the  proceeding  is  removed  to  the family court pursuant to paragraph
     8  (g-1) of subdivision five of section 220.10 of  the  criminal  procedure
     9  law; or
    10    §  2. Subdivision 5 of section 220.10 of the criminal procedure law is
    11  amended by adding a new paragraph (g-1) to read as follows:
    12    (g-1) Where a defendant is an adolescent offender, the  provisions  of
    13  paragraphs  (a),  (b),  (c) and (d) of this subdivision shall not apply.
    14  Where the plea is to an offense constituting  a  misdemeanor,  the  plea
    15  shall  be  deemed  replaced  by  an  order of fact-finding in a juvenile
    16  delinquency proceeding, pursuant to section 346.1 of  the  family  court
    17  act,  and  the action shall be removed to the family court in accordance
    18  with article seven hundred twenty-five of this chapter.  Where the  plea
    19  is  to an offense constituting a felony, the court may remove the action
    20  to the family court in accordance with section 722.23 and article  seven
    21  hundred twenty-five of this chapter.
    22    § 3. Subdivision 7 of section 725.05 of the criminal procedure law, as
    23  amended  by  chapter  223  of  the  laws  of 1990, is amended to read as
    24  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10254-01-1
        A. 7713                             2
 
     1    7. Whether or not a securing order has been made, the order of removal
     2  must specify a date certain within ten days from the date of  the  order
     3  of  removal for the defendant's appearance in the family court and where
     4  the defendant is in detention or in the custody of the sheriff that date
     5  must  be  not  later  than  the next day the family court is in session.
     6  Unless the defendant is in detention or is in the custody of the sheriff
     7  or unless the order  of  removal  specifies  a  juvenile  or  adolescent
     8  offense  for  which  the defendant is not eligible for consideration for
     9  adjustment under subdivision thirteen of section  308.1  of  the  family
    10  court  act, the order of removal shall direct the defendant to appear at
    11  the family court intake office of the county department of probation for
    12  adjustment consideration; provided, however, that pursuant  to  subdivi-
    13  sion  three  of section 308.1 of the family court act, the fact that the
    14  defendant is in detention or is in the custody of the sheriff shall  not
    15  preclude  the probation service from adjusting the case if the defendant
    16  is otherwise eligible for adjustment.
    17    § 4. Subdivision 1 of section 725.10 of the criminal procedure law, as
    18  amended by chapter 920 of the laws  of  1982,  is  amended  to  read  as
    19  follows:
    20    1.  [When] Unless the defendant is an adolescent offender who has been
    21  directed to appear at the family  court  intake  office  of  the  county
    22  department  of probation for adjustment consideration in accordance with
    23  subdivision seven of section 725.05 of this article, when  an  order  of
    24  removal is filed with the family court, a proceeding pursuant to article
    25  three  of  the  family  court act must be originated.   The family court
    26  thereupon must assume jurisdiction and proceed to render  such  judgment
    27  as  the  circumstances require, in the manner and to the extent provided
    28  by law.
    29    § 5. This act shall take effect immediately.