STATE OF NEW YORK
________________________________________________________________________
7033
2021-2022 Regular Sessions
IN SENATE
May 25, 2021
___________
Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to pleas of guilty and removal of adolescent offender
proceedings to the family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (ii) of paragraph (d) of subdivision 3 of
2 section 30.00 of the penal law, as amended by section 38 of part WWW of
3 chapter 59 of the laws of 2017, is amended to read as follows:
4 (ii) results from reduction or dismissal in satisfaction of a charge
5 for a felony offense, in accordance with a plea of guilty pursuant to
6 subdivision four of section 220.10 of the criminal procedure law, unless
7 the proceeding is removed to the family court pursuant to paragraph
8 (g-1) of subdivision five of section 220.10 of the criminal procedure
9 law; or
10 § 2. Subdivision 5 of section 220.10 of the criminal procedure law is
11 amended by adding a new paragraph (g-1) to read as follows:
12 (g-1) Where a defendant is an adolescent offender, the provisions of
13 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply.
14 Where the plea is to an offense constituting a misdemeanor, the plea
15 shall be deemed replaced by an order of fact-finding in a juvenile
16 delinquency proceeding, pursuant to section 346.1 of the family court
17 act, and the action shall be removed to the family court in accordance
18 with article seven hundred twenty-five of this chapter. Where the plea
19 is to an offense constituting a felony, the court may remove the action
20 to the family court in accordance with section 722.23 and article seven
21 hundred twenty-five of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10254-01-1
S. 7033 2
1 § 3. Subdivision 7 of section 725.05 of the criminal procedure law, as
2 amended by chapter 223 of the laws of 1990, is amended to read as
3 follows:
4 7. Whether or not a securing order has been made, the order of removal
5 must specify a date certain within ten days from the date of the order
6 of removal for the defendant's appearance in the family court and where
7 the defendant is in detention or in the custody of the sheriff that date
8 must be not later than the next day the family court is in session.
9 Unless the defendant is in detention or is in the custody of the sheriff
10 or unless the order of removal specifies a juvenile or adolescent
11 offense for which the defendant is not eligible for consideration for
12 adjustment under subdivision thirteen of section 308.1 of the family
13 court act, the order of removal shall direct the defendant to appear at
14 the family court intake office of the county department of probation for
15 adjustment consideration; provided, however, that pursuant to subdivi-
16 sion three of section 308.1 of the family court act, the fact that the
17 defendant is in detention or is in the custody of the sheriff shall not
18 preclude the probation service from adjusting the case if the defendant
19 is otherwise eligible for adjustment.
20 § 4. Subdivision 1 of section 725.10 of the criminal procedure law, as
21 amended by chapter 920 of the laws of 1982, is amended to read as
22 follows:
23 1. [When] Unless the defendant is an adolescent offender who has been
24 directed to appear at the family court intake office of the county
25 department of probation for adjustment consideration in accordance with
26 subdivision seven of section 725.05 of this article, when an order of
27 removal is filed with the family court, a proceeding pursuant to article
28 three of the family court act must be originated. The family court
29 thereupon must assume jurisdiction and proceed to render such judgment
30 as the circumstances require, in the manner and to the extent provided
31 by law.
32 § 5. This act shall take effect immediately.
