Exempts adolescent offenders who displayed a shotgun, rifle or deadly weapon in furtherance of the underlying offense, or who were illegally in possession of aloaded firearm, from those authorized to be removed to family court.
STATE OF NEW YORK
________________________________________________________________________
2361--A
2025-2026 Regular Sessions
IN SENATE
January 16, 2025
___________
Introduced by Sens. SCARCELLA-SPANTON, C. RYAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to adolescent
offenders authorized to be removed to family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (ii) and (iii) of paragraph (c) of subdivi-
2 sion 2 of section 722.23 of the criminal procedure law, subparagraph
3 (ii) as added by section 1-a of part WWW of chapter 59 of the laws of
4 2017 and subparagraph (iii) as amended by section 1 of part AA of chap-
5 ter 55 of the laws of 2024, are amended to read as follows:
6 (ii) the defendant displayed a [firearm,] shotgun, rifle or deadly
7 weapon as defined in the penal law in furtherance of such offense; or
8 (iii) the defendant was illegally in possession of a loaded firearm as
9 defined in the penal law; or
10 (iv) the defendant unlawfully engaged in vaginal sexual contact, oral
11 sexual contact, anal sexual contact, or sexual contact as defined in
12 section 130.00 of the penal law.
13 § 2. This act shall take effect on the first of November next succeed-
14 ing the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02677-03-5
