Expands the crimes under which fourteen and fifteen year olds may be treated as adults to include gang assault in the first degree, aggravated assault upon a police officer or a peace officer and course of sexual conduct against a child in the first degree.
STATE OF NEW YORK
________________________________________________________________________
2879
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
___________
Introduced by M. of A. KOON -- Multi-Sponsored by -- M. of A. GALEF,
RAMOS -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the family court act and the
penal law, in relation to expanding the crimes for which certain juve-
niles may be treated as adults
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 (1) a person, thirteen years old who is
5 criminally responsible for acts constituting murder in the second degree
6 as defined in subdivisions one and two of section 125.25 of the penal
7 law, or such conduct as a sexually motivated felony, where authorized
8 pursuant to section 130.91 of the penal law; and (2) a person fourteen
9 or fifteen years old who is criminally responsible for acts constituting
10 the crimes defined in subdivisions one and two of section 125.25 (murder
11 in the second degree) and in subdivision three of such section provided
12 that the underlying crime for the murder charge is one for which such
13 person is criminally responsible; section 135.25 (kidnapping in the
14 first degree); 150.20 (arson in the first degree); 120.07 (gang assault
15 in the first degree); subdivisions one and two of section 120.10
16 (assault in the first degree); 120.11 (aggravated assault upon a police
17 officer or a peace officer); 125.20 (manslaughter in the first degree);
18 subdivisions one and two of section 130.35 (rape in the first degree);
19 subdivisions one and two of section 130.50 (criminal sexual act in the
20 first degree); 130.70 (aggravated sexual abuse in the first degree);
21 130.75 (course of sexual conduct against a child in the first degree);
22 140.30 (burglary in the first degree); subdivision one of section 140.25
23 (burglary in the second degree); 150.15 (arson in the second degree);
24 160.15 (robbery in the first degree); subdivision two of section 160.10
25 (robbery in the second degree) of the penal law; or section 265.03 of
26 the penal law, where such machine gun or such firearm is possessed on
27 school grounds, as that phrase is defined in subdivision fourteen of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04427-01-9
A. 2879 2
1 section 220.00 of the penal law; or defined in the penal law as an
2 attempt to commit murder in the second degree or kidnapping in the first
3 degree, or such conduct as a sexually motivated felony, where authorized
4 pursuant to section 130.91 of the penal law.
5 § 2. Subdivision 8 of section 301.2 of the family court act, as
6 amended by chapter 7 of the laws of 2007, is amended to read as follows:
7 8. "Designated felony act" means an act which, if done by an adult,
8 would be a crime: (i) defined in sections 125.27 (murder in the first
9 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
10 first degree); or 150.20 (arson in the first degree) of the penal law
11 committed by a person thirteen, fourteen or fifteen years of age; or
12 such conduct committed as a sexually motivated felony, where authorized
13 pursuant to section 130.91 of the penal law; (ii) defined in sections
14 120.10 (assault in the first degree); 125.20 (manslaughter in the first
15 degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act
16 in the first degree); 130.70 (aggravated sexual abuse in the first
17 degree); 135.20 (kidnapping in the second degree) but only where the
18 abduction involved the use or threat of use of deadly physical force;
19 150.15 (arson in the second degree) or 160.15 (robbery in the first
20 degree) of the penal law committed by a person thirteen, fourteen or
21 fifteen years of age; or such conduct committed as a sexually motivated
22 felony, where authorized pursuant to section 130.91 of the penal law;
23 (iii) defined in the penal law as an attempt to commit murder in the
24 first or second degree or kidnapping in the first degree committed by a
25 person thirteen, fourteen or fifteen years of age; or such conduct
26 committed as a sexually motivated felony, where authorized pursuant to
27 section 130.91 of the penal law; (iv) defined in section 120.07 (gang
28 assault in the first degree); 120.11 (aggravated assault upon a police
29 officer or a peace officer); section 130.75 (course of sexual conduct
30 against a child in the first degree); section 140.30 (burglary in the
31 first degree); subdivision one of section 140.25 (burglary in the second
32 degree); subdivision two of section 160.10 (robbery in the second
33 degree) of the penal law; or section 265.03 of the penal law, where such
34 machine gun or such firearm is possessed on school grounds, as that
35 phrase is defined in subdivision fourteen of section 220.00 of the penal
36 law committed by a person fourteen or fifteen years of age; or such
37 conduct committed as a sexually motivated felony, where authorized
38 pursuant to section 130.91 of the penal law; (v) defined in section
39 120.05 (assault in the second degree) or 160.10 (robbery in the second
40 degree) of the penal law committed by a person fourteen or fifteen years
41 of age but only where there has been a prior finding by a court that
42 such person has previously committed an act which, if committed by an
43 adult, would be the crime of assault in the second degree, robbery in
44 the second degree or any designated felony act specified in paragraph
45 (i), (ii), or (iii) of this subdivision regardless of the age of such
46 person at the time of the commission of the prior act; or (vi) other
47 than a misdemeanor committed by a person at least seven but less than
48 sixteen years of age, but only where there has been two prior findings
49 by the court that such person has committed a prior felony.
50 § 3. Subdivision 18 of section 10.00 of the penal law, as amended by
51 chapter 7 of the laws of 2007, is amended to read as follows:
52 18. "Juvenile offender" means (1) a person thirteen years old who is
53 criminally responsible for acts constituting murder in the second degree
54 as defined in subdivisions one and two of section 125.25 of this chapter
55 or such conduct as a sexually motivated felony, where authorized pursu-
56 ant to section 130.91 of the penal law; and
A. 2879 3
1 (2) a person fourteen or fifteen years old who is criminally responsi-
2 ble for acts constituting the crimes defined in subdivisions one and two
3 of section 125.25 (murder in the second degree) and in subdivision three
4 of such section provided that the underlying crime for the murder charge
5 is one for which such person is criminally responsible; section 135.25
6 (kidnapping in the first degree); 150.20 (arson in the first degree);
7 section 120.07 (gang assault in the first degree); subdivisions one and
8 two of section 120.10 (assault in the first degree); 120.11 (aggravated
9 assault upon a police officer or a peace officer); 125.20 (manslaughter
10 in the first degree); subdivisions one and two of section 130.35 (rape
11 in the first degree); subdivisions one and two of section 130.50 (crimi-
12 nal sexual act in the first degree); 130.70 (aggravated sexual abuse in
13 the first degree); 130.75 (course of sexual conduct against a child in
14 the first degree); 140.30 (burglary in the first degree); subdivision
15 one of section 140.25 (burglary in the second degree); 150.15 (arson in
16 the second degree); 160.15 (robbery in the first degree); subdivision
17 two of section 160.10 (robbery in the second degree) of this chapter; or
18 section 265.03 of this chapter, where such machine gun or such firearm
19 is possessed on school grounds, as that phrase is defined in subdivision
20 fourteen of section 220.00 of this chapter; or defined in this chapter
21 as an attempt to commit murder in the second degree or kidnapping in the
22 first degree, or such conduct as a sexually motivated felony, where
23 authorized pursuant to section 130.91 of the penal law.
24 § 4. Subdivision 2 of section 30.00 of the penal law, as amended by
25 chapter 7 of the laws of 2007, is amended to read as follows:
26 2. A person thirteen, fourteen or fifteen years of age is criminally
27 responsible for acts constituting murder in the second degree as defined
28 in subdivisions one and two of section 125.25 and in subdivision three
29 of such section provided that the underlying crime for the murder charge
30 is one for which such person is criminally responsible or for such
31 conduct as a sexually motivated felony, where authorized pursuant to
32 section 130.91 of the penal law; and a person fourteen or fifteen years
33 of age is criminally responsible for acts constituting the crimes
34 defined in section 135.25 (kidnapping in the first degree); 150.20
35 (arson in the first degree); 120.07 (gang assault in the first degree);
36 subdivisions one and two of section 120.10 (assault in the first
37 degree); 120.11 (aggravated assault upon a police officer or a peace
38 officer); 125.20 (manslaughter in the first degree); subdivisions one
39 and two of section 130.35 (rape in the first degree); subdivisions one
40 and two of section 130.50 (criminal sexual act in the first degree);
41 130.70 (aggravated sexual abuse in the first degree); 130.75 (course of
42 sexual conduct against a child in the first degree); 140.30 (burglary in
43 the first degree); subdivision one of section 140.25 (burglary in the
44 second degree); 150.15 (arson in the second degree); 160.15 (robbery in
45 the first degree); subdivision two of section 160.10 (robbery in the
46 second degree) of this chapter; or section 265.03 of this chapter, where
47 such machine gun or such firearm is possessed on school grounds, as that
48 phrase is defined in subdivision fourteen of section 220.00 of this
49 chapter; or defined in this chapter as an attempt to commit murder in
50 the second degree or kidnapping in the first degree, or for such conduct
51 as a sexually motivated felony, where authorized pursuant to section
52 130.91 of the penal law.
53 § 5. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law.
