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A08090 Summary:

A08090 Actions:

A08090 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Jaffee      
DATE:06/04/2019AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Jaffee
Aye
Byrnes
Aye
Arroyo
Aye
Friend
Aye
Fahy
Aye
Miller
Aye
Davila
Aye
Smullen
Aye
Barnwell
Aye
Wright
Aye
Vanel
Aye
Jean-Pierre
Aye
Frontus
Aye
Burke
Aye
Cruz
Aye
Raynor
Aye

Committee:CODES   Chair:Lentol      
DATE:06/11/2019AYE/NAY:21/1  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Benedetto
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
De La Rosa
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Heastie      
DATE:06/14/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Excused
Nolan
Aye
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Excused
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye

A08090 Floor Votes:

A08090 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8090--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 31, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families -- reported and referred to the  Committee  on  Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported and referred to the  Commit-
          tee  on  Rules  --  Rules  Committee discharged, bill amended, ordered
          reprinted as amended and recommitted to the Committee on Rules
 
        AN ACT to amend the family court act and the criminal procedure law,  in
          relation  to  juvenile delinquency charges of violations in the family
          court
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 301.2 of the family court act, as
     2  amended by section 56 of part WWW of chapter 59 of the laws of 2017,  is
     3  amended to read as follows:
     4    1.  "Juvenile  delinquent"  means  a  person  over seven and less than
     5  [sixteen years of age, or commencing  on  October  first,  two  thousand
     6  eighteen  a person over seven and less than] seventeen years of age, and
     7  commencing October first, two thousand nineteen, a person over seven and
     8  less than eighteen years of age, who, having committed an act that would
     9  constitute a crime if committed by an  adult,  or  (with  respect  to  a
    10  person  over  sixteen  and less than seventeen years of age or, a person
    11  over sixteen and less than eighteen  years  of  age  commencing  October
    12  first,  two  thousand  nineteen)  a  violation as defined by subdivision
    13  three of section 10.00 of the penal law if committed by an adult,  where
    14  such  violation  is  alleged to have occurred in the same transaction or
    15  occurrence of the alleged criminal act[, if committed by an adult],  and
    16  where such person: (a) is not criminally responsible for such conduct by
    17  reason  of infancy, or (b) is the defendant in an action ordered removed
    18  from a criminal court to the family  court  pursuant  to  article  seven
    19  hundred twenty-five of the criminal procedure law.
    20    §  2. Subdivision 3 of section 302.1 of the family court act, as added
    21  by section 56-a of part WWW of chapter  59  of  the  laws  of  2017,  is
    22  amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13096-06-9
        A. 8090--B                          2
 
     1    3.  [Whenever]  With  respect  to  a  youth over sixteen and less than
     2  seventeen years of age or, a person over sixteen and less than  eighteen
     3  years of age commencing October first, two thousand nineteen, whenever a
     4  crime and a violation arise out of the same transaction or occurrence, a
     5  charge  alleging both offenses shall be made returnable before the court
     6  having jurisdiction over the crime. Nothing  herein  provided  shall  be
     7  construed  to  prevent  a  court,  having  jurisdiction over a violation
     8  relating to a criminal act from lawfully entering an order in accordance
     9  with section 345.1 of this article where such order is  not  based  upon
    10  the count or counts of the petition alleging such criminal act.
    11    §  3.  Subdivision  3  of  section  304.1  of the family court act, as
    12  amended by section 59 of part WWW of chapter 59 of the laws of 2017,  is
    13  amended to read as follows:
    14    3.  The  detention  of  a  child  under  ten  years of age in a secure
    15  detention facility shall not be directed, nor shall the detention  of  a
    16  child adjudicated solely for an act that would constitute a violation as
    17  defined  in  subdivision  three  of  section  10.00 of the penal law, be
    18  directed under any of the provisions of this article.
    19    § 4. Subdivision 13 of section 308.1 of the family court act, as added
    20  by chapter 920 of the laws of 1982, is amended and a new subdivision  14
    21  is added to read as follows:
    22    13.  The provisions of this section shall not apply where the petition
    23  is an order of removal to the family court  pursuant  to  article  seven
    24  hundred  twenty-five  of  the  criminal procedure law against a juvenile
    25  offender as defined in subdivision eighteen  of  section  10.00  of  the
    26  penal law.
    27    14.  Notwithstanding  subdivisions  three,  four  and thirteen of this
    28  section, the probation service may adjust a proceeding where  the  court
    29  has  referred a case to the probation service in accordance with section
    30  320.6 of this article in conjunction with or subsequent to the  issuance
    31  of an order pursuant to subdivision one of section 345.1 of this article
    32  where  such order does not include a fact-finding for an act which would
    33  constitute a juvenile offense, designated felony or  offense  listed  in
    34  subdivision  four  of this section. Where a proceeding has been referred
    35  to the probation service in which an order issued  pursuant  to  section
    36  345.1  of  this  article  consists  solely  of a violation as defined in
    37  subdivision three of section 10.00 of the penal law committed by a juve-
    38  nile sixteen years of age or, commencing on October first, two  thousand
    39  nineteen, seventeen years of age, the probation service shall adjust the
    40  matter unless good cause is shown and is documented in its records.
    41    §  5. Section 315.3 of the family court act is amended by adding a new
    42  subdivision 4 to read as follows:
    43    4. Where an order of fact-finding that includes solely a violation  as
    44  defined in subdivision three of section 10.00 of the penal law committed
    45  by  a juvenile sixteen years of age or, commencing on October first, two
    46  thousand nineteen, seventeen years of age, has been entered pursuant  to
    47  section  345.1  of this article, there shall be a rebuttable presumption
    48  that the court shall adjourn the  case  in  contemplation  of  dismissal
    49  pursuant  to  this  section, refer the case to the probation service for
    50  adjustment services pursuant to section 320.6 of this article or dismiss
    51  the case pursuant to subdivision two of section 352.1 of this article.
    52    § 6. Subdivision 2 of section  320.6  of  the  family  court  act,  as
    53  amended  by  chapter  926  of  the  laws  of 1982, is amended to read as
    54  follows:
    55    2. At the initial appearance or  at  any  subsequent  appearance,  the
    56  court  may[,  with  the  consent  of  the  victim or complainant and the
        A. 8090--B                          3

     1  respondent,] refer a  case  to  the  probation  service  for  adjustment
     2  services.    The  probation  service  shall  consider  the  views of the
     3  complainant and the impact of the alleged act or acts of juvenile delin-
     4  quency upon the complainant and upon the community in determining wheth-
     5  er  adjustment  under  this  section would be suitable. In the case of a
     6  designated felony petition, the consent of the presentment agency  shall
     7  [also]  be  required to refer a case to the probation [services] service
     8  for adjustment services.  Where an order of fact-finding  that  includes
     9  solely  a  violation as defined in subdivision three of section 10.00 of
    10  the penal law committed by a juvenile sixteen years of age or,  commenc-
    11  ing on October first, two thousand nineteen, seventeen years of age, has
    12  been entered pursuant to section 345.1 of this article, there shall be a
    13  rebuttable  presumption  that  the  court  shall  refer  the case to the
    14  probation service for adjustment services in accordance with this subdi-
    15  vision, dismiss the case pursuant to subdivision two of section 352.1 of
    16  this article or adjourn the case in contemplation of dismissal  pursuant
    17  to section 315.3 of this article.
    18    §  7. Section 345.1 of the family court act is amended by adding a new
    19  subdivision 3 to read as follows:
    20    3. Where an order of fact-finding that includes solely a violation  as
    21  defined in subdivision three of section 10.00 of the penal law committed
    22  by  a juvenile sixteen years of age or, commencing on October first, two
    23  thousand nineteen, seventeen years of age, has been entered pursuant  to
    24  subdivision one of this section, there shall be a rebuttable presumption
    25  that the court shall refer the case to the probation service for adjust-
    26  ment  services in accordance with section 320.6 of this article, dismiss
    27  the case pursuant to subdivision two of section 352.1 of this article or
    28  adjourn the case in contemplation of dismissal pursuant to section 315.3
    29  of this article.
    30    § 8. Subdivision 1 of section  350.1  of  the  family  court  act,  as
    31  amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
    32  follows:
    33    1. If the respondent is detained  and  has  not  been  found  to  have
    34  committed  a  designated  felony  act  the  dispositional  hearing shall
    35  commence not more than ten days after the entry of an order pursuant  to
    36  subdivision  one of section 345.1 of this article, except as provided in
    37  subdivision three of  this  section;  provided,  however,  that  if  the
    38  respondent  has  been  found  to  have  committed  solely a violation as
    39  defined in subdivision three of section 10.00  of  the  penal  law,  the
    40  respondent shall not be detained pending disposition.
    41    §  9. Subdivision 4 of section 352.2 of the family court act, as added
    42  by section 56-b of part WWW of chapter  59  of  the  laws  of  2017,  is
    43  amended to read as follows:
    44    4.  Where  a  youth  receives  a juvenile delinquency adjudication for
    45  conduct committed when the youth was  [age]  sixteen  years  of  age  or
    46  [older],  commencing  on October first, two thousand nineteen, seventeen
    47  years of age, that would solely constitute a  violation  as  defined  in
    48  subdivision  three of section 10.00 of the penal law and if the presump-
    49  tion pursuant to subdivision three of section 345.1 of this article  has
    50  been  rebutted,  the  court  shall  have  the power to enter an order of
    51  disposition in accordance with [paragraphs] paragraph (a) [and  (b)]  of
    52  subdivision  one  of  this section. The court shall not order detention,
    53  probation or placement of a youth solely adjudicated under this subdivi-
    54  sion.
    55    § 10. Subdivision 6 of section 360.3 of the family court act, as added
    56  by chapter 920 of the laws of 1982, is amended to read as follows:
        A. 8090--B                          4
 
     1    6. At the conclusion of the hearing the court may revoke, continue  or
     2  modify  the  order  of  probation or conditional discharge. If the court
     3  revokes the order, it shall order a different  disposition  pursuant  to
     4  section 352.2 of this article provided, however, that if the court finds
     5  a  violation  of  an order of conditional discharge where the underlying
     6  finding had been for an act solely constituting a violation  as  defined
     7  in  subdivision  three  of section 10.00 of the penal law, the court may
     8  modify the conditions of the conditional discharge but may not order any
     9  other disposition under section 352.2 of  this  article.  If  the  court
    10  continues  the  order  of  probation  or conditional discharge, it shall
    11  dismiss the petition of violation.
    12    § 11. Section 375.2 of the family court act is amended by adding a new
    13  subdivision 7 to read as follows:
    14    7. Where an order of fact-finding has been issued pursuant to subdivi-
    15  sion one of section  345.1  of  this  article  that  includes  solely  a
    16  violation  as defined in subdivision three of section 10.00 of the penal
    17  law committed by a juvenile sixteen years of age or, commencing on Octo-
    18  ber first, two thousand nineteen, seventeen years of  age,  the  records
    19  shall  be  sealed  automatically  at the expiration, as applicable, of a
    20  successful period of an  adjustment,  adjournment  in  contemplation  of
    21  dismissal or conditional discharge.
    22    §  12.  Subdivision 1 of section 510.15 of the criminal procedure law,
    23  as amended by section 36 of part WWW of chapter 59 of the laws of  2017,
    24  is amended to read as follows:
    25    1.  When  a  principal who is under the age of sixteen is committed to
    26  the custody of the sheriff the court must direct that the  principal  be
    27  taken  to  and lodged in a place certified by the office of children and
    28  family services as a juvenile detention facility for  the  reception  of
    29  children.   When a principal who (a) commencing October first, two thou-
    30  sand eighteen, is sixteen years of age; or (b) commencing October first,
    31  two thousand nineteen, is sixteen or seventeen years of age, is  commit-
    32  ted  to the custody of the sheriff, the court must direct that the prin-
    33  cipal be taken to and lodged in a place certified by the office of chil-
    34  dren and family services in conjunction with  the  state  commission  of
    35  correction as a specialized secure juvenile detention facility for older
    36  youth.    Where  such  a direction is made the sheriff shall deliver the
    37  principal in accordance therewith and such person shall although  lodged
    38  and  cared for in a juvenile detention facility continue to be deemed to
    39  be in the custody of the sheriff. No principal under the  age  specified
    40  to  whom  the  provisions of this section may apply shall be detained in
    41  any prison, jail, lockup, or other place used for adults convicted of  a
    42  crime or under arrest and charged with the commission of a crime without
    43  the  approval  of the office of children and family services which shall
    44  consult with the commission of correction if the  principal  is  sixteen
    45  years of age or older in the case of each principal and the statement of
    46  its  reasons therefor; nor shall a principal under the age specified who
    47  is charged solely with a violation as defined in  subdivision  three  of
    48  section  10.00  of  the  penal  law be subject to detention. The sheriff
    49  shall not be liable for any acts done to or by such principal  resulting
    50  from  negligence  in  the detention of and care for such principal, when
    51  the principal is not in the actual custody of the sheriff.
    52    § 13. This act shall take effect immediately.