STATE OF NEW YORK
________________________________________________________________________
3167
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. REILLY -- read once and referred 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, is amended to read as follows:
4 (c) The court shall order the action to proceed in accordance with
5 subdivision one of this section unless, after reviewing the papers and
6 hearing from the parties, the court determines in writing that the
7 district attorney proved by a preponderance of the evidence one or more
8 of the following as set forth in the accusatory instrument:
9 (i) the defendant caused significant physical injury to a person other
10 than a participant in the offense; or
11 (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap-
12 on as defined in the penal law in furtherance of such offense; or
13 (iii) the defendant possessed a loaded firearm as defined in subdivi-
14 sion fifteen of section 265.00 of the penal law during the commission of
15 the offense; or
16 (iv) the defendant unlawfully engaged in sexual intercourse, oral
17 sexual conduct, anal sexual conduct or sexual contact as defined in
18 section 130.00 of the penal law.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02048-01-3
