STATE OF NEW YORK
________________________________________________________________________
9871
IN SENATE
April 9, 2026
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting
removal of adolescent offenders to family court in certain circum-
stances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 722.23 of the
2 criminal procedure law, as amended by section 1-a of part WWW of chapter
3 59 of the laws of 2017 and subparagraph (iii) of paragraph (c) of subdi-
4 vision 2 as amended by section 1 part AA of chapter 55 of the laws of
5 2024, is amended to read as follows:
6 (c) The court shall order the action to proceed in accordance with
7 subdivision one of this section unless, after reviewing the papers and
8 hearing from the parties, the court determines in writing that the
9 district attorney proved by a preponderance of the evidence one or more
10 of the following as set forth in the accusatory instrument:
11 (i) the defendant caused significant physical injury to a person other
12 than a participant in the offense; or
13 (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
14 on as defined in the penal law in furtherance of such offense; or
15 (iii) the defendant possessed a loaded firearm as defined in subdivi-
16 sion fifteen of section 265.00 of the penal law during the commission of
17 the offense; or
18 (iv) the defendant unlawfully engaged in vaginal sexual contact, oral
19 sexual contact, anal sexual contact, or sexual contact as defined in
20 section 130.00 of the penal law.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03353-01-5
