Relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist.
STATE OF NEW YORK
________________________________________________________________________
1074
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the court's
consideration of the existence of extraordinary circumstances and
significant physical injury in determining whether to remove adoles-
cent offenders to family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 1 of section 722.23 of the
2 criminal procedure law, as added by section 1-a of part WWW of chapter
3 59 of the laws of 2017, is amended to read as follows:
4 (d) The court shall deny the motion to prevent removal of the action
5 in youth part unless the court makes a determination upon such motion by
6 the district attorney that extraordinary circumstances exist that should
7 prevent the transfer of the action to family court. For the purposes of
8 this paragraph, the term "extraordinary circumstances" shall mean the
9 existence of highly unusual and heinous facts or multiple events of
10 criminality, in addition to strong proof that the defendant is not
11 amenable or would not benefit in any way from transfer of the action to
12 family court. Factors that shall be considered by the court in deter-
13 mining whether extraordinary circumstances exist shall include, but
14 shall not be limited to, whether the defendant:
15 (i) committed a series of crimes over multiple days in close proximi-
16 ty;
17 (ii) acted in an especially cruel and heinous manner; or
18 (iii) led, threatened, or coerced other reluctant adolescents into
19 participating in the crime or crimes which are the basis of the action.
20 § 2. Subdivision 2 of section 722.23 of the criminal procedure law is
21 amended by adding a new paragraph (c-1) to read as follows:
22 (c-1) For the purposes of paragraph (c) of this subdivision, the term
23 "significant physical injury" shall mean physical injury that involves a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02692-01-5
A. 1074 2
1 risk of death, protracted substantial pain or impairment of a physical
2 condition, protracted and obvious disfigurement, or a protracted loss or
3 impairment of the function of a bodily member, organ, or mental or
4 sensory faculty.
5 § 3. This act shall take effect on the first of November next succeed-
6 ing the date upon which it shall have become a law.
