S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1409
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens. MONTGOMERY, HASSELL-THOMPSON, PARKER -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Codes
       AN ACT to amend the criminal procedure law, the executive law, the fami-
         ly court act and the penal law, in relation  to  raising  the  age  of
         criminal responsibility; and to repeal certain provisions of the crim-
         inal procedure law, relating thereto
         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, WHERE PROSECUTION IS AUTHORIZED BY LAW,
    5  INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THIS CHAPTER AND  SECTION
    6  325.5  OF  THE FAMILY COURT ACT: (1) a person, thirteen years old who is
    7  criminally responsible for acts constituting murder in the second degree
    8  as defined in subdivisions one and two of section 125.25  of  the  penal
    9  law,  or  such  conduct as a sexually motivated felony, where authorized
   10  pursuant to section 130.91 of the penal law; and (2) a  person  fourteen
   11  [or], fifteen, SIXTEEN, OR SEVENTEEN years old who is criminally respon-
   12  sible  for  acts constituting the crimes defined in subdivisions one and
   13  two of section 125.25 (murder in the second degree) and  in  subdivision
   14  three  of such section provided that the underlying crime for the murder
   15  charge is one for which such person is criminally  responsible;  section
   16  135.25  (kidnapping  in  the  first  degree); 150.20 (arson in the first
   17  degree); subdivisions one and two of  section  120.10  (assault  in  the
   18  first  degree);  125.20 (manslaughter in the first degree); subdivisions
   19  one and two of section 130.35 (rape in the first  degree);  subdivisions
   20  one and two of section 130.50 (criminal sexual act in the first degree);
   21  130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04048-01-3
       S. 1409                             2
    1  in the first degree); subdivision one of section 140.25 (burglary in the
    2  second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
    3  the  first  degree);  subdivision  two of section 160.10 (robbery in the
    4  second  degree)  of  the  penal law; or section 265.03 of the penal law,
    5  where such machine gun or such firearm is possessed on  school  grounds,
    6  as  that  phrase is defined in subdivision fourteen of section 220.00 of
    7  the penal law; or defined in the penal  law  as  an  attempt  to  commit
    8  murder  in  the second degree or kidnapping in the first degree, or such
    9  conduct as a sexually motivated felony,  where  authorized  pursuant  to
   10  section 130.91 of the penal law.
   11    S  2.  Paragraphs  (a)  and  (b) of subdivision 3 and subdivision 5 of
   12  section 180.75 of the criminal procedure law, paragraph (a) of  subdivi-
   13  sion  3  as  added  by chapter 481 of the laws of 1978, paragraph (b) of
   14  subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi-
   15  sion 5 as added by chapter 411 of the laws of 1979, are amended to  read
   16  as follows:
   17    (a) If there is reasonable cause to believe that the defendant commit-
   18  ted  a  crime  for which a person under the age of [sixteen] EIGHTEEN is
   19  criminally responsible, the court must order that the defendant be  held
   20  for the action of a grand jury of the appropriate superior court, and it
   21  must  promptly  transmit  to  such  superior court the order, the felony
   22  complaint, the supporting depositions and all other pertinent documents.
   23  Until such papers are received by the  superior  court,  the  action  is
   24  deemed to be still pending in the local criminal court; or
   25    (b)  If  there  is  not reasonable cause to believe that the defendant
   26  committed a crime for which a person under the age of [sixteen] EIGHTEEN
   27  is criminally responsible but there is reasonable cause to believe  that
   28  the  defendant  is a "juvenile delinquent" as defined in subdivision one
   29  of section 301.2 of the family court act, the court must specify the act
   30  or acts it found reasonable cause  to  believe  the  defendant  did  and
   31  direct that the action be removed to the family court in accordance with
   32  the provisions of article seven hundred twenty-five of this chapter; or
   33    5.  Notwithstanding the provisions of subdivision two, three, or four,
   34  if a currently undetermined felony complaint against a juvenile offender
   35  is pending in a local criminal court, and the defendant has not waived a
   36  hearing pursuant to subdivision two and a hearing pursuant  to  subdivi-
   37  sion  three  has  not  commenced, the defendant may move in the superior
   38  court which would exercise the trial  jurisdiction  of  the  offense  or
   39  offenses  charged  were  an indictment therefor to result, to remove the
   40  action to family court. The procedural rules of subdivisions one and two
   41  of section 210.45 of this chapter are applicable to a motion pursuant to
   42  this subdivision. Upon such motion, the superior court shall be  author-
   43  ized to sit as a local criminal court to exercise the preliminary juris-
   44  diction  specified  in  subdivisions  two and three of this section, and
   45  shall proceed and determine the motion as provided in section 210.43  of
   46  this chapter[; provided, however, that the exception provisions of para-
   47  graph (b) of subdivision one of such section 210.43 shall not apply when
   48  there  is  not  reasonable  cause  to believe that the juvenile offender
   49  committed one or more of the crimes  enumerated  therein,  and  in  such
   50  event the provisions of paragraph (a) thereof shall apply].
   51    S  3.  Subdivisions (a), (b) and (c) of section 190.71 of the criminal
   52  procedure law, subdivision (a) as amended by chapter 7 of  the  laws  of
   53  2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of
   54  1978, are amended to read as follows:
   55    (a)  Except  as  provided in subdivision six of section 200.20 of this
   56  chapter, a grand jury may not indict (i) a person thirteen years of  age
       S. 1409                             3
    1  for any conduct or crime other than conduct constituting a crime defined
    2  in  subdivisions  one  and  two  of section 125.25 (murder in the second
    3  degree) or such conduct as a sexually motivated felony, where authorized
    4  pursuant  to  section  130.91  of  the penal law; (ii) a person fourteen
    5  [or], fifteen, SIXTEEN OR SEVENTEEN years of  age  for  any  conduct  or
    6  crime  other  than  conduct constituting a crime defined in subdivisions
    7  one and two of section 125.25 (murder  in  the  second  degree)  and  in
    8  subdivision three of such section provided that the underlying crime for
    9  the  murder  charge is one for which such person is criminally responsi-
   10  ble; 135.25 (kidnapping in the first degree); 150.20 (arson in the first
   11  degree); subdivisions one and two of  section  120.10  (assault  in  the
   12  first  degree);  125.20 (manslaughter in the first degree); subdivisions
   13  one and two of section 130.35 (rape in the first  degree);  subdivisions
   14  one and two of section 130.50 (criminal sexual act in the first degree);
   15  130.70  (aggravated  sexual abuse in the first degree); 140.30 (burglary
   16  in the first degree); subdivision one of section 140.25 (burglary in the
   17  second degree); 150.15 (arson in the second degree); 160.15 (robbery  in
   18  the  first  degree);  subdivision  two of section 160.10 (robbery in the
   19  second degree) of the penal law; [subdivision four of section 265.02  of
   20  the  penal  law,  where  such firearm is possessed on school grounds, as
   21  that phrase is defined in subdivision fourteen of section 220.00 of  the
   22  penal  law;]  or section 265.03 of the penal law, where such machine gun
   23  or such firearm is possessed  on  school  grounds,  as  that  phrase  is
   24  defined  in  subdivision fourteen of section 220.00 of the penal law; or
   25  defined in the penal law as an attempt to commit murder  in  the  second
   26  degree  or kidnapping in the first degree, or such conduct as a sexually
   27  motivated felony, where authorized pursuant to  section  130.91  of  the
   28  penal law.
   29    (b)  A grand jury may vote to file a request to remove a charge to the
   30  family court if it finds that a person thirteen, fourteen [or], fifteen,
   31  SIXTEEN OR SEVENTEEN years of age did an act which, if done by a  person
   32  over  the  age  of [sixteen] EIGHTEEN, would constitute a crime provided
   33  (1) such act is one for which it may not indict; (2) it does not  indict
   34  such  person  for  a  crime;  and  (3) the evidence before it is legally
   35  sufficient to establish that such person did such act and competent  and
   36  admissible  evidence before it provides reasonable cause to believe that
   37  such person did such act.
   38    (c) Upon voting to remove a charge to the  family  court  pursuant  to
   39  subdivision  (b) of this section, the grand jury must, through its fore-
   40  man or acting foreman, file a request to transfer  such  charge  to  the
   41  family court. Such request shall be filed with the court by which it was
   42  impaneled.  It  must  (1) allege that a person named therein did any act
   43  which, if done by a person over the age  of  [sixteen]  EIGHTEEN,  would
   44  constitute  a  crime;  (2) specify the act and the time and place of its
   45  commission; and (3) be signed by the foreman or the acting foreman.
   46    S 4. Subdivision 6 of section 200.20 of the criminal procedure law, as
   47  added by chapter 136 of the laws of 1980, is amended to read as follows:
   48    6. Where an indictment charges at least one offense against a  defend-
   49  ant  who  was  under  the  age  of [sixteen] EIGHTEEN at the time of the
   50  commission of the crime and who did not lack criminal responsibility for
   51  such crime by reason of infancy, the indictment may, in addition, charge
   52  in separate counts one or more other  offenses  for  which  such  person
   53  would not have been criminally responsible by reason of infancy, if:
   54    (a)  the offense for which the defendant is criminally responsible and
   55  the one or more other offenses for which he would not have  been  crimi-
   56  nally  responsible  by  reason of infancy are based upon the same act or
       S. 1409                             4
    1  upon the same criminal transaction, as that term is defined in  subdivi-
    2  sion two of section 40.10 of this chapter; or
    3    (b)  the  offenses  are  of such nature that either proof of the first
    4  offense would be material and admissible as evidence  in  chief  upon  a
    5  trial of the second, or proof of the second would be material and admis-
    6  sible as evidence in chief upon a trial of the first.
    7    S 5. Subdivision 5 of section 210.20 of the criminal procedure law, as
    8  added by chapter 136 of the laws of 1980, is amended to read as follows:
    9    5. If the court dismisses one or more counts of an indictment, against
   10  a  defendant  who was under the age of [sixteen] EIGHTEEN at the time of
   11  the commission of the crime and who did not lack criminal responsibility
   12  for such crime by reason of infancy, and one or more other counts of the
   13  indictment  having  been  joined  in  the  indictment  solely  with  the
   14  dismissed  count  pursuant  to  subdivision six of section 200.20 is not
   15  dismissed, the court must direct that such count be removed to the fami-
   16  ly court in accordance with article seven hundred  twenty-five  of  this
   17  chapter.
   18    S  6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
   19  procedure law, as amended by chapter 264 of the laws of 2003, is amended
   20  to read as follows:
   21    (b) [with the consent of the district attorney,] order removal  of  an
   22  action  involving an indictment charging a juvenile offender with murder
   23  in the second degree as defined in section 125.25 of the penal law; rape
   24  in the first degree, as defined in subdivision one of section 130.35  of
   25  the  penal  law;  criminal sexual act in the first degree, as defined in
   26  subdivision one of section 130.50 of the penal law; or an  armed  felony
   27  as defined in paragraph (a) of subdivision forty-one of section 1.20, to
   28  the  family  court  pursuant  to the provisions of article seven hundred
   29  twenty-five of this chapter if the  court  finds  one  or  more  of  the
   30  following  factors: (i) mitigating circumstances that bear directly upon
   31  the manner in which the crime was committed; (ii)  where  the  defendant
   32  was not the sole participant in the crime, the defendant's participation
   33  was relatively minor although not so minor as to constitute a defense to
   34  the  prosecution;  or  (iii)  possible  deficiencies in the proof of the
   35  crime, and, after consideration of the factors set forth in  subdivision
   36  two  of this section, the court determined that removal of the action to
   37  the family court would be in the interests of justice.
   38    S 7. Subparagraphs (i), (iii) and the second undesignated paragraph of
   39  paragraph (g) of subdivision 5 of section 220.10 of the criminal  proce-
   40  dure  law,  subparagraph  (i)  as  amended by chapter 410 of the laws of
   41  1979, subparagraph (iii) as amended by chapter 264 of the laws  of  2003
   42  and  the  second undesignated paragraph as amended by chapter 920 of the
   43  laws of 1982, are amended to read as follows:
   44    (i) If the indictment charges a person fourteen [or] fifteen,  SIXTEEN
   45  OR SEVENTEEN years old with the crime of murder in the second degree any
   46  plea  of  guilty entered pursuant to subdivision three or four must be a
   47  plea of guilty of a crime for which the defendant is criminally  respon-
   48  sible;
   49    (iii)  Where  the  indictment  does  not  charge  a crime specified in
   50  subparagraph (i) of this paragraph, the district attorney may  recommend
   51  removal  of the action to the family court. Upon making such recommenda-
   52  tion the district attorney shall submit a subscribed memorandum  setting
   53  forth:  (1) a recommendation that the interests of justice would best be
   54  served by removal of the action to the family  court;  and  (2)  if  the
   55  indictment  charges  a thirteen year old with the crime of murder in the
   56  second degree, or a fourteen [or], fifteen, SIXTEEN  OR  SEVENTEEN  year
       S. 1409                             5
    1  old  with  the crimes of rape in the first degree as defined in subdivi-
    2  sion one of section 130.35 of the penal law, or criminal sexual  act  in
    3  the  first degree as defined in subdivision one of section 130.50 of the
    4  penal law, or an armed felony as defined in paragraph (a) of subdivision
    5  forty-one  of section 1.20 of this chapter specific factors, one or more
    6  of which reasonably supports the recommendation, showing, (i) mitigating
    7  circumstances that bear directly upon the manner in which the crime  was
    8  committed,  or  (ii) where the defendant was not the sole participant in
    9  the crime, that  the  defendant's  participation  was  relatively  minor
   10  although  not so minor as to constitute a defense to the prosecution, or
   11  (iii) possible deficiencies in proof of the crime,  or  (iv)  where  the
   12  juvenile  offender  has  no previous adjudications of having committed a
   13  designated felony act, as defined in subdivision eight of section  301.2
   14  of  the  family  court act, regardless of the age of the offender at the
   15  time of commission of the act, that the criminal act was not part  of  a
   16  pattern  of  criminal behavior and, in view of the history of the offen-
   17  der, is not likely to be repeated.
   18    If the court is of the opinion [based on specific factors set forth in
   19  the district attorney's memorandum] that the interests of justice  would
   20  best  be  served by removal of the action to the family court, a plea of
   21  guilty of a crime or act for  which  the  defendant  is  not  criminally
   22  responsible may be entered pursuant to subdivision three or four of this
   23  section,  except  that  a  thirteen  year  old charged with the crime of
   24  murder in the second degree may only plead to a designated  felony  act,
   25  as  defined  in  subdivision  eight of section 301.2 of the family court
   26  act.
   27    S 8.  Subdivision 5 of section 300.50 of the criminal  procedure  law,
   28  as  added  by  chapter  481  of  the laws of 1978, is amended to read as
   29  follows:
   30    5. Where the indictment charges a crime  committed  by  the  defendant
   31  while  he  OR  SHE  was under the age of [sixteen] EIGHTEEN but a lesser
   32  included offense would be one for which the defendant is not  criminally
   33  responsible  by  reason  of  infancy,  such  lessor included offense may
   34  nevertheless be submitted to the jury in the same manner as  an  offense
   35  for  which the defendant would be criminally responsible notwithstanding
   36  the fact that a verdict  of  guilty  would  not  result  in  a  criminal
   37  conviction.
   38    S 9. Section 330.25 of the criminal procedure law, as added by chapter
   39  481  of the laws of 1978, and subdivision 2 as amended by chapter 920 of
   40  the laws of 1982, is amended to read as follows:
   41  S 330.25 Removal after verdict.
   42    1. Where a defendant  is  a  juvenile  offender  who  does  not  stand
   43  convicted  of  murder  in  the  second degree, upon motion [and with the
   44  consent of the district attorney], the action  may  be  removed  to  the
   45  family  court  in  the  interests  of  justice pursuant to article seven
   46  hundred twenty-five of this chapter notwithstanding the verdict.
   47    2. [If the district attorney consents to the motion for removal pursu-
   48  ant to this section, he shall file  a  subscribed  memorandum  with  the
   49  court  setting  forth  (1)  a  recommendation  that]  IN DETERMINING THE
   50  MOTION, THE COURT SHALL CONSIDER:  (1) WHETHER the interests of  justice
   51  would  best  be served by removal of the action to the family court; and
   52  (2) if the conviction is of an offense set forth  in  paragraph  (b)  of
   53  subdivision  one  of  section  210.43  of this chapter, WHETHER specific
   54  factors EXIST, one or more of which reasonably  [support]  SUPPORTS  the
   55  [recommendation] MOTION, showing, (i) mitigating circumstances that bear
   56  directly upon the manner in which the crime was committed, or (ii) where
       S. 1409                             6
    1  the  defendant  was  not  the  sole  participant  in the crime, that the
    2  defendant's participation was relatively minor although not so minor  as
    3  to  constitute  a  defense  to  prosecution, or (iii) where the juvenile
    4  offender  has no previous adjudications of having committed a designated
    5  felony act, as defined in subdivision eight  of  section  301.2  of  the
    6  family  court  act, regardless of the age of the offender at the time of
    7  commission of the act, that the criminal act was not part of  a  pattern
    8  of criminal behavior and, in view of the history of the offender, is not
    9  likely to be repeated.
   10    3.  If  the  court  is of the opinion, based upon the specific factors
   11  [set forth in the district attorney's memorandum] SHOWN  TO  THE  COURT,
   12  that  the  interests  of  justice would best be served by removal of the
   13  action to the family court, the verdict shall be set aside and a plea of
   14  guilty of a crime or act for  which  the  defendant  is  not  criminally
   15  responsible  may  be  entered  pursuant  to subdivision three or four of
   16  section 220.10 of this chapter. Upon accepting any such plea, the  court
   17  must  specify  upon  the record the [portion or portions of the district
   18  attorney's statement] FACTORS the court is relying upon as the basis  of
   19  its  opinion and that it believes the interests of justice would best be
   20  served by removal of the proceeding to the  family  court.    Such  plea
   21  shall then be deemed to be a juvenile delinquency fact determination and
   22  the  court  upon entry thereof must direct that the action be removed to
   23  the family court in accordance with  the  provisions  of  article  seven
   24  hundred twenty-five of this chapter.
   25    S  10.  Section  510.15  of  the criminal procedure law, as amended by
   26  chapter 411 of the laws of 1979, subdivision 1 as designated and  subdi-
   27  vision 2 as added by chapter 359 of the laws of 1980, is amended to read
   28  as follows:
   29  S 510.15  Commitment of principal under [sixteen] EIGHTEEN.
   30    1.  When  a  principal  who  is under the age of [sixteen] EIGHTEEN is
   31  committed to the custody of the sheriff the court must direct  that  the
   32  principal  be  taken  to  and  lodged  in a place certified by the state
   33  [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as  a  juve-
   34  nile  detention  facility  for  the reception of children.  Where such a
   35  direction is made the sheriff shall deliver the principal in  accordance
   36  therewith and such person shall although lodged and cared for in a juve-
   37  nile  detention  facility  continue to be deemed to be in the custody of
   38  the sheriff.  No principal under the age of [sixteen] EIGHTEEN  to  whom
   39  the  provisions of this section may apply shall be detained in any pris-
   40  on, jail, lockup, or other place used for adults convicted of a crime or
   41  under arrest and charged with the commission  of  a  crime  without  the
   42  approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
   43  SERVICES  in the case of each principal and the statement of its reasons
   44  therefor.  The sheriff shall not be liable for any acts done  to  or  by
   45  such  principal  resulting  from negligence in the detention of and care
   46  for such principal, when the principal is not in the actual  custody  of
   47  the sheriff.
   48    2.  Except  upon  consent of the defendant or for good cause shown, in
   49  any case in which a new securing order is issued for a principal  previ-
   50  ously  committed to the custody of the sheriff pursuant to this section,
   51  such order shall further direct the sheriff  to  deliver  the  principal
   52  from  a  juvenile detention facility to the person or place specified in
   53  the order.
   54    S 11. Subdivision 1 of section 720.10 of the criminal  procedure  law,
   55  as  amended  by  chapter  411 of the laws of 1979, is amended to read as
   56  follows:
       S. 1409                             7
    1    1. "Youth" means a person charged with a crime alleged  to  have  been
    2  committed  when  he  was  at least [sixteen] EIGHTEEN years old and less
    3  than [nineteen] TWENTY years old or a person charged with being a  juve-
    4  nile  offender  as  defined  in subdivision forty-two of section 1.20 of
    5  this chapter.
    6    S 12. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
    7  procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
    8    S 13. Paragraph (e) of subdivision 2 of section 725.20 of the criminal
    9  procedure law, as amended by chapter 411 of the laws of 1979, is amended
   10  to read as follows:
   11    (e)    Where  the  direction  is  one authorized by subdivision one of
   12  section 210.43 of this chapter, a copy of that portion  of  the  minutes
   13  containing  the  statement by the court pursuant to paragraph [(a)] A of
   14  subdivision five of section 210.43; AND
   15    S 14. The criminal procedure law is amended by adding  a  new  article
   16  726 to read as follows:
   17                                 ARTICLE 726
   18                  REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED
   19          JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT
   20  SECTION 726.00 APPLICABILITY.
   21          726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
   22  S 726.00 APPLICABILITY.
   23    THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A COURT DIRECTS
   24  THAT  AN  ACTION  OR  CHARGE BROUGHT BY A JUVENILE DELINQUENCY PETITION,
   25  PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT,  AGAINST  A  JUVENILE
   26  OFFENDER  WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF
   27  SUCH OFFENSE, IS TO BE REMOVED FROM FAMILY COURT TO A SUPERIOR  CRIMINAL
   28  COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT.
   29  S 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
   30    1.  WHEN  A  FAMILY  COURT  DIRECTS  THAT  AN ACTION OR CHARGE BROUGHT
   31  AGAINST A JUVENILE OFFENDER BY A JUVENILE DELINQUENCY PETITION  PURSUANT
   32  TO ARTICLE THREE OF THE FAMILY COURT ACT BE REMOVED FROM FAMILY COURT TO
   33  A  SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT
   34  ACT, THE DISTRICT ATTORNEY WHO REQUESTED  SUCH  REMOVAL  SHALL  PROMPTLY
   35  FILE  SUCH REMOVAL ORDER AND THE APPROPRIATE CHARGING DOCUMENTS WITH THE
   36  SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURISDICTION OVER SUCH
   37  OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO RESULT.
   38    2. FOLLOWING THE GRANTING OF SUCH AN ORDER OF  REMOVAL,  THE  JUVENILE
   39  SHALL  BE  BROUGHT  FORTHWITH  AND  WITH ALL REASONABLE SPEED BEFORE THE
   40  APPROPRIATE SUPERIOR CRIMINAL COURT  FOR  APPROPRIATE  PROCEEDINGS.  FOR
   41  PURPOSES  OF  THIS SECTION, A JUDGE OR JUSTICE OF A SUPERIOR COURT SHALL
   42  PRESIDE OVER SUCH PROCEEDINGS AS SUCH A JUDGE OR JUSTICE OF THE SUPERIOR
   43  CRIMINAL COURT, OR AS A LOCAL CRIMINAL COURT, AS APPROPRIATE.
   44    3. THE SUPERIOR CRIMINAL COURT MUST ASSUME JURISDICTION AND PROCEED AS
   45  THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND TO THE EXTENT  PROVIDED  BY
   46  LAW.
   47    4.  UPON  THE  FILING  OF AN ORDER OF REMOVAL IN THE SUPERIOR CRIMINAL
   48  COURT, THE FAMILY COURT ARTICLE THREE ACTION UPON  WHICH  THE  ORDER  IS
   49  BASED  SHALL  BE TERMINATED AND THERE SHALL BE NO FURTHER PROCEEDINGS IN
   50  THE FAMILY COURT WITH RESPECT TO THE  OFFENSE,  UNLESS  SUCH  ACTION  IS
   51  REMOVED  BACK  TO  THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF
   52  ARTICLE  SEVEN  HUNDRED  TWENTY-FIVE  OF  THIS  CHAPTER.   ALL   FURTHER
   53  PROCEEDINGS  INCLUDING  MOTIONS  AND APPEALS SHALL BE IN ACCORDANCE WITH
   54  LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE  ALL  FIND-
   55  INGS,  DETERMINATIONS,  VERDICTS  AND  ORDERS,  OTHER  THAN THE ORDER OF
       S. 1409                             8
    1  REMOVAL, SHALL BE DEEMED TO HAVE BEEN  MADE  BY  THE  SUPERIOR  CRIMINAL
    2  COURT.
    3    S 15. Section 507-d of the executive law, as amended by chapter 465 of
    4  the laws of 1992, is amended to read as follows:
    5    S 507-d. Confinement  of  juvenile  delinquents  under sentence of the
    6  courts of the United States. The directors of secure and limited  secure
    7  facilities  shall receive and safely keep in such facilities, subject to
    8  the provisions of this article, any person not over the age of [sixteen]
    9  EIGHTEEN years convicted of any offense against the United  States,  and
   10  sentenced  to  imprisonment  by  any court of the United States, sitting
   11  within this state, until such  sentences  be  executed,  or  until  such
   12  delinquent  shall  be  discharged by due course of law, conditioned upon
   13  the United States supporting such delinquent  and  paying  the  expenses
   14  attendant upon the execution of such sentence.
   15    S  16. Subparagraph 1 of paragraph (a) of subdivision 5 of section 530
   16  of the executive law, as amended by section 5 of subpart B of part Q  of
   17  chapter 58 of the laws of 2011, is amended to read as follows:
   18    (1) temporary care, maintenance and supervision provided alleged juve-
   19  nile delinquents and persons in need of supervision in detention facili-
   20  ties  certified  pursuant  to sections seven hundred twenty and 305.2 of
   21  the family court act by the office  of  children  and  family  services,
   22  pending  adjudication  of  alleged delinquency or alleged need of super-
   23  vision by the family court, or pending transfer to institutions to which
   24  committed or placed by such court or while awaiting disposition by  such
   25  court after adjudication or held pursuant to a securing order of a crim-
   26  inal  court  if the person named therein as principal is under [sixteen]
   27  EIGHTEEN; or,
   28    S 17. Subdivision (b) of section 117  of  the  family  court  act,  as
   29  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   30    (b)  For  every  juvenile  delinquency  proceeding under article three
   31  involving an allegation of an act committed by a person which,  if  done
   32  by  an adult, would be a crime (i) defined in sections 125.27 (murder in
   33  the first degree); 125.25 (murder in the second degree); 135.25 (kidnap-
   34  ping in the first degree); or 150.20 (arson in the first degree) of  the
   35  penal  law  committed by a person thirteen, fourteen or fifteen years of
   36  age; or such conduct committed as a  sexually  motivated  felony,  where
   37  authorized  pursuant to section 130.91 of the penal law; (ii) defined in
   38  sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
   39  the  first  degree); 130.35 (rape in the first degree); 130.50 (criminal
   40  sexual act in the  first  degree);  135.20  (kidnapping  in  the  second
   41  degree),  but only where the abduction involved the use or threat of use
   42  of deadly physical force; 150.15 (arson in the second degree); or 160.15
   43  (robbery in the first degree) of the penal law  committed  by  a  person
   44  thirteen,  fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or
   45  such conduct committed as a sexually motivated felony, where  authorized
   46  pursuant  to section 130.91 of the penal law; (iii) defined in the penal
   47  law as an attempt to commit murder in the  first  or  second  degree  or
   48  kidnapping  in the first degree committed by a person thirteen, fourteen
   49  or fifteen years of age; or such conduct committed as a  sexually  moti-
   50  vated  felony,  where authorized pursuant to section 130.91 of the penal
   51  law; (iv) defined in section 140.30  (burglary  in  the  first  degree);
   52  subdivision  one  of  section  140.25  (burglary  in the second degree);
   53  subdivision two of section 160.10 (robbery in the second degree) of  the
   54  penal law; or section 265.03 of the penal law, where such machine gun or
   55  such  firearm  is possessed on school grounds, as that phrase is defined
   56  in subdivision fourteen of section 220.00 of the penal law committed  by
       S. 1409                             9
    1  a  person  fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or
    2  such conduct committed as a sexually motivated felony, where  authorized
    3  pursuant  to  section  130.91  of  the penal law; (v) defined in section
    4  120.05  (assault  in the second degree) or 160.10 (robbery in the second
    5  degree) of the penal law committed by a person fourteen or fifteen years
    6  of age but only where there has been a prior finding  by  a  court  that
    7  such  person  has  previously committed an act which, if committed by an
    8  adult, would be the crime of assault in the second  degree,  robbery  in
    9  the  second degree or any designated felony act specified in clause (i),
   10  (ii) or (iii) of this subdivision regardless of the age of  such  person
   11  at  the  time  of  the commission of the prior act; or (vi) other than a
   12  misdemeanor, committed  by  a  person  at  least  seven  but  less  than
   13  [sixteen] EIGHTEEN years of age, but only where there has been two prior
   14  findings  by the court that such person has committed a prior act which,
   15  if committed by an adult would be a felony:
   16    (i) There is hereby established in the family court in the city of New
   17  York at least one "designated felony act part." Such part or parts shall
   18  be held separate from all other proceedings of the court, and shall have
   19  jurisdiction over all proceedings involving such an allegation. All such
   20  proceedings shall be originated in or be transferred to this  part  from
   21  other parts as they are made known to the court.
   22    (ii)  Outside  the city of New York, all proceedings involving such an
   23  allegation shall have a hearing preference over every  other  proceeding
   24  in the court, except proceedings under article ten.
   25    (III)  THERE  IS  HEREBY  ESTABLISHED  IN THE FAMILY COURT ONE OR MORE
   26  "VIOLATION AND TRAFFIC INFRACTION PARTS". SUCH PARTS SHALL  HAVE  JURIS-
   27  DICTION,  OVER  ANY OFFENSE THAT IS NOT A FELONY, OR A MISDEMEANOR UNDER
   28  THE PENAL LAW ALLEGEDLY COMMITTED BY A PERSON SIXTEEN OR SEVENTEEN YEARS
   29  OF AGE.  NOTHING IN THIS SUBPARAGRAPH SHALL PREVENT  A  JUDGE  PRESIDING
   30  OVER A PROCEEDING CONCERNING SUCH AN OFFENSE, AFTER NOTICE AND AN OPPOR-
   31  TUNITY FOR THE PARTIES TO BE HEARD, FROM TRANSFERRING SUCH PROCEEDING TO
   32  OR  CONSOLIDATING  SUCH PROCEEDING BEFORE ANOTHER FAMILY COURT JUDGE, IN
   33  THE SAME JURISDICTION, BEFORE WHOM A RELATED PROCEEDING,  INVOLVING  THE
   34  SAME RESPONDENT, IS PENDING.
   35    S  18.  Subdivision  (a)  of  section  158  of the family court act is
   36  amended to read as follows:
   37    (a) The family court may place in protective custody  a  person  under
   38  [sixteen]  EIGHTEEN  years of age who is a material witness, as provided
   39  by law.
   40    S 19. The family court act is amended by adding a new section 325.5 to
   41  read as follows:
   42    S 325.5. REMOVAL FOR PROCEEDINGS IN A SUPERIOR COURT; CERTAIN  ALLEGED
   43  OFFENSES  BY  YOUTHS  AGE  THIRTEEN,  FOURTEEN  OR FIFTEEN.   1. (A) (I)
   44  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF PART FOUR OF THIS ARTICLE,
   45  AT ANY TIME WITHIN TEN DAYS AFTER THE INITIAL APPEARANCE WITH RESPECT TO
   46  A JUVENILE DELINQUENCY PETITION WHICH ALLEGES CONDUCT  THAT  IS  ALSO  A
   47  JUVENILE OFFENSE, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF
   48  THE  PENAL  LAW,  AND THAT IS PENDING PURSUANT TO THIS ARTICLE AGAINST A
   49  YOUTH WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME  OF
   50  SUCH ALLEGED OFFENSE, IF SUCH RESPONDENT HAS NOT ENTERED AN ADMISSION TO
   51  ALL  SUCH JUVENILE OFFENSE COUNTS PURSUANT TO SECTION 321.2 OF THIS PART
   52  THAT HAS BEEN ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART,  HAS  NOT
   53  WAIVED A FACT-FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND
   54  SUCH A FACT-FINDING HEARING HAS NOT OTHERWISE COMMENCED, THE APPROPRIATE
   55  PRESENTMENT  AGENCY  SHALL,  UPON  THE  WRITTEN  REQUEST OF THE DISTRICT
   56  ATTORNEY HAVING  GEOGRAPHIC  JURISDICTION  OVER  SUCH  ALLEGED  OFFENSE,
       S. 1409                            10
    1  PROMPTLY  SERVE  AND FILE, IN THE FAMILY COURT IN WHICH SUCH PETITION IS
    2  PENDING, A MOTION SEEKING TO REMOVE  SUCH  JUVENILE  OFFENDER  COUNT  OR
    3  COUNTS  TO  THE SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURIS-
    4  DICTION  OVER  SUCH  OFFENSE  OR OFFENSES WERE AN INDICTMENT THEREFOR TO
    5  RESULT.
    6    (II) SUCH REQUEST BY THE PRESENTMENT AGENCY MAY  (IF  SOUGHT  IN  SUCH
    7  DISTRICT  ATTORNEY'S WRITTEN REQUEST) INCLUDE A REQUEST TO REMOVE TO THE
    8  SUPERIOR CRIMINAL COURT OTHER SPECIFIED RELATED  OFFENSES  OF  THE  TYPE
    9  DESCRIBED IN SUBDIVISION SIX OF SECTION 200.20 OF THE CRIMINAL PROCEDURE
   10  LAW,  PROVIDED  THAT THE RESPONDENT HAS NOT ENTERED AN ADMISSION TO SUCH
   11  COUNT OR COUNTS PURSUANT TO SECTION 321.2 OF THIS  PART  THAT  HAS  BEEN
   12  ACCEPTED  PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT WAIVED A FACT-
   13  FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND SUCH A  FACT-
   14  FINDING HEARING HAS NOT OTHERWISE COMMENCED.
   15    (B)  (I)  IN  ITS  MOTION,  WHICH SHALL BE IN WRITING, THE PRESENTMENT
   16  AGENCY SHALL SET FORTH THE REASONS FOR THE  MOTION  FOR  REMOVAL,  WHICH
   17  SHALL  BE  STATED  IN  DETAIL  AND  NOT IN CONCLUSORY TERMS. THE WRITTEN
   18  REQUEST OF THE DISTRICT ATTORNEY, WHICH MUST ALSO BE  STATED  IN  DETAIL
   19  AND  NOT  IN  CONCLUSORY  TERMS,  SHALL  BE APPENDED TO THE MOTION. SUCH
   20  DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY ACTING ON BEHALF OF
   21  SUCH DISTRICT ATTORNEY, MAY ALSO SERVE AND FILE AN  AFFIRMATION  IN  THE
   22  NATURE  OF  AN  AMICUS  CURIAE  IN  THE  FAMILY COURT IN SUPPORT OF SUCH
   23  MOTION.
   24    (II) THE COURT MAY GRANT A HEARING ON THE MOTION AT THE REQUEST OF ANY
   25  PARTY. THE PRESENTMENT AGENCY SHALL HAVE THE BURDEN TO SHOW: (A)  AGGRA-
   26  VATING  CIRCUMSTANCES  THAT  BEAR  DIRECTLY  ON THE MANNER IN WHICH SUCH
   27  CRIME OR CRIMES WERE COMMITTED; AND (B) IF THE RESPONDENT  WAS  NOT  THE
   28  SOLE  PARTICIPANT  IN SUCH CRIME OR CRIMES, THAT THE RESPONDENT PLAYED A
   29  MAJOR ROLE OR WAS THE DOMINANT  PARTICIPANT  IN  SUCH  CRIMES.  IF  SUCH
   30  BURDEN  IS  MET,  THE COURT MAY GRANT REMOVAL ONLY IF, AFTER CONSIDERING
   31  THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION 210.43 OF THE CRIMI-
   32  NAL PROCEDURE LAW, IT DETERMINES THAT REMOVAL TO  A  SUPERIOR  COURT  IS
   33  NECESSARY  TO  ACCOMPLISH  THE PURPOSES SET FORTH IN SECTION 1.05 OF THE
   34  PENAL LAW AND ASSURE A JUST AND FAIR RESULT.
   35    2. (A) IF THE COURT ORDERS REMOVAL OF ALL OR A PORTION OF  THE  ACTION
   36  TO  A  SUPERIOR  CRIMINAL  COURT  PURSUANT  TO  SUBDIVISION  ONE OF THIS
   37  SECTION, IT SHALL STATE ON THE RECORD THE FACTORS UPON WHICH ITS  DETER-
   38  MINATION  IS BASED, AND SHALL GIVE ITS REASONS FOR REMOVAL IN DETAIL AND
   39  NOT IN CONCLUSORY TERMS.
   40    (B) WHERE A MOTION FOR REMOVAL PURSUANT TO  SUBDIVISION  ONE  OF  THIS
   41  SECTION  HAS BEEN DENIED, NO FURTHER MOTION PURSUANT TO THIS SECTION MAY
   42  BE MADE BY THE PRESENTMENT AGENCY WITH RESPECT TO THE  SAME  OFFENSE  OR
   43  OFFENSES.
   44    3.  (A)  WHERE  AN  ORDER OF REMOVAL HAS BEEN GRANTED PURSUANT TO THIS
   45  SECTION, AND THE RESPONDENT IS IN DETENTION PURSUANT TO SECTION 320.5 OF
   46  THIS PART, THE ORDER OF REMOVAL TO  THE  SUPERIOR  CRIMINAL  COURT  MUST
   47  PROVIDE  THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST OR
   48  SOME OTHER PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE  SPEED  TAKE
   49  THE JUVENILE TO THE DESIGNATED SUPERIOR COURT. THE ORDER OF REMOVAL MUST
   50  SPECIFY  A  DATE  CERTAIN  WITHIN TEN DAYS FROM THE DATE OF THE ORDER OF
   51  REMOVAL FOR THE RESPONDENT'S APPEARANCE IN SUCH SUPERIOR COURT PROVIDED,
   52  HOWEVER, THAT WHERE THE RESPONDENT IS IN DETENTION OR IN THE CUSTODY  OF
   53  THE  SHERIFF  THAT DATE MUST BE NOT LATER THAN THE NEXT DAY THE SUPERIOR
   54  COURT IS IN SESSION.
   55    (B) THE ORDER OF REMOVAL MUST DIRECT THAT ALL  OF  THE  PLEADINGS  AND
   56  PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO
       S. 1409                            11
    1  THE  DESIGNATED  SUPERIOR  COURT  AND BE DELIVERED TO AND FILED WITH THE
    2  CLERK OF THAT COURT. FOR THE  PURPOSES  OF  THIS  SUBDIVISION  THE  TERM
    3  "PLEADINGS AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING, INQUIRY
    4  OR  TRIAL  HELD  IN  THE ACTION AND THE MINUTES OF ANY PLEA ACCEPTED AND
    5  ENTERED.
    6    (C) THE ORDER OF REMOVAL MUST BE SIGNED BY THE  JUDGE  OF  THE  FAMILY
    7  COURT WHO DIRECTED THE REMOVAL.
    8    S  20.  Subdivisions  1, 8 and 14 of section 301.2 of the family court
    9  act, subdivisions 1 and 14 as added by chapter 920 of the laws  of  1982
   10  and  subdivision  8  as  amended  by  chapter 7 of the laws of 2007, are
   11  amended to read as follows:
   12    1. "Juvenile delinquent" means a  person  over  seven  and  less  than
   13  [sixteen] EIGHTEEN years of age, who, having committed an act that would
   14  constitute  a  crime  if  committed  by  an adult, (a) is not criminally
   15  responsible for such conduct by reason  of  infancy,  [or]  (b)  is  the
   16  defendant  in  an  action  ordered  removed from a criminal court to the
   17  family court pursuant to article seven hundred twenty-five of the crimi-
   18  nal procedure law, OR (C) COULD BE, BUT IS  NOT,  THE  DEFENDANT  IN  AN
   19  ACTION AGAINST A SIXTEEN OR SEVENTEEN YEAR OLD AUTHORIZED BY SUBDIVISION
   20  FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   21    8.  "Designated  felony  act" means an act which, if done by an adult,
   22  would be a crime: (i) defined in sections 125.27 (murder  in  the  first
   23  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
   24  first  degree);  or  150.20 (arson in the first degree) of the penal law
   25  committed by a person  thirteen,  fourteen  [or],  fifteen,  SIXTEEN  OR
   26  SEVENTEEN  years  of  age; or such conduct committed as a sexually moti-
   27  vated felony, where authorized pursuant to section 130.91 of  the  penal
   28  law;  (ii)  defined  in  sections  120.10 (assault in the first degree);
   29  125.20 (manslaughter in the first degree); 130.35  (rape  in  the  first
   30  degree);  130.50  (criminal  sexual  act  in  the  first degree); 130.70
   31  (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
   32  second degree) but only where the abduction involved the use  or  threat
   33  of  use of deadly physical force; 150.15 (arson in the second degree) or
   34  160.15 (robbery in the first degree) of the penal  law  committed  by  a
   35  person  thirteen, fourteen [or], fifteen, SIXTEEN, OR SEVENTEEN years of
   36  age; or such conduct committed as a  sexually  motivated  felony,  where
   37  authorized pursuant to section 130.91 of the penal law; (iii) defined in
   38  the  penal  law  as  an  attempt to commit murder in the first or second
   39  degree or kidnapping in the first degree committed by a person thirteen,
   40  fourteen [or], fifteen, SIXTEEN OR  SEVENTEEN  years  of  age;  or  such
   41  conduct  committed  as  a  sexually  motivated  felony, where authorized
   42  pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
   43  140.30 (burglary in the first degree); subdivision one of section 140.25
   44  (burglary  in  the  second  degree);  subdivision  two of section 160.10
   45  (robbery in the second degree) of the penal law; or  section  265.03  of
   46  the  penal  law,  where such machine gun or such firearm is possessed on
   47  school grounds, as that phrase is defined  in  subdivision  fourteen  of
   48  section  220.00  of  the  penal law committed by a person fourteen [or],
   49  fifteen, SIXTEEN OR SEVENTEEN years of age; or such conduct committed as
   50  a sexually motivated felony, where authorized pursuant to section 130.91
   51  of the penal law; (v) defined in section 120.05 (assault in  the  second
   52  degree)  or  160.10  (robbery  in  the  second  degree) of the penal law
   53  committed by a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
   54  of age but only where there has been a prior finding  by  a  court  that
   55  such  person  has  previously committed an act which, if committed by an
   56  adult, would be the crime of assault in the second  degree,  robbery  in
       S. 1409                            12
    1  the  second  degree  or any designated felony act specified in paragraph
    2  (i), (ii), or (iii) of this subdivision regardless of the  age  of  such
    3  person  at  the  time  of the commission of the prior act; or (vi) other
    4  than  a  misdemeanor  committed by a person at least seven but less than
    5  [sixteen] EIGHTEEN years of age, but only where there has been two prior
    6  findings by the court that such person has committed a prior felony.
    7    14. Any reference in this article to "CRIME" OR the  commission  of  a
    8  crime  includes  any  act which, if done by an adult, would constitute a
    9  crime, AND ANY ACT COMMITTED BY A YOUTH AGED SIXTEEN OR SEVENTEEN WHICH,
   10  IF DONE BY AN ADULT, WOULD CONSTITUTE AN OFFENSE AS DEFINED IN  SUBDIVI-
   11  SION ONE OF SECTION 10.00 OF THE PENAL LAW.
   12    S  21.  Subdivisions 1 and 2 of section 305.1 of the family court act,
   13  as added by chapter 920 of the laws of 1982,  are  amended  to  read  as
   14  follows:
   15    1.  A private person may take a child under the age of [sixteen] EIGH-
   16  TEEN into custody in cases in which he may arrest an adult for  a  crime
   17  under section 140.30 of the criminal procedure law.
   18    2.  Before  taking such child under the age of [sixteen] EIGHTEEN into
   19  custody, a private person must inform the child of the cause thereof and
   20  require him to submit, except when he is taken into custody  on  pursuit
   21  immediately after the commission of a crime.
   22    S 22. Subdivision 2 of section 305.2 of the family court act, as added
   23  by chapter 920 of the laws of 1982, is amended to read as follows:
   24    2.  An  officer  may  take a child under the age of [sixteen] EIGHTEEN
   25  into custody without a warrant in cases in which he may arrest a  person
   26  for  a  crime  under article one hundred forty of the criminal procedure
   27  law.
   28    S 23. Paragraph (c) of subdivision 3 of section 311.1  of  the  family
   29  court  act,  as  added by chapter 920 of the laws of 1982, is amended to
   30  read as follows:
   31    (c) the fact that the respondent is a person under [sixteen]  EIGHTEEN
   32  years of age at the time of the alleged act or acts;
   33    S 24. Subdivision 1 of section 352.2 of the family court act, as added
   34  by chapter 920 of the laws of 1982, is amended to read as follows:
   35    1.  Upon  the conclusion of the dispositional hearing, the court shall
   36  enter an order of disposition:
   37    (a) conditionally discharging the respondent in  accord  with  section
   38  353.1; or
   39    (b)  putting the respondent on probation in accord with section 353.2;
   40  or
   41    (c) continuing the proceeding and placing  the  respondent  in  accord
   42  with section 353.3; or
   43    (d) placing the respondent in accord with section 353.4; or
   44    (e)  continuing  the  proceeding  and  placing  the respondent under a
   45  restrictive placement in accord with section 353.5; OR
   46    (F) WHERE APPLICABLE, IN ACCORD WITH SECTION 353.7.
   47    S 25. The family court act is amended by adding a new section 353.7 to
   48  read as follows:
   49    S 353.7.  DISPOSITIONS FOR CERTAIN OFFENSES COMMITTED  BY  YOUTHS  AGE
   50  SIXTEEN OR SEVENTEEN. 1. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE
   51  TIME  OF SUCH ACT IS FOUND TO HAVE COMMITTED AN OFFENSE THAT IS LAWFULLY
   52  CLASSIFIED AS A VIOLATION OR TRAFFIC INFRACTION, THE COURT MAY ORDER THE
   53  RESPONDENT TO PAY ANY FINE  AND/OR  SURCHARGE  AUTHORIZED  FOR  SUCH  AN
   54  OFFENSE  COMMITTED  BY AN ADULT, AND/OR ORDER AN UNCONDITIONAL DISCHARGE
   55  OR CONDITIONAL DISCHARGE IN ACCORDANCE WITH SECTION 353.1 OF THIS PART.
       S. 1409                            13
    1    2. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
    2  FOUND TO HAVE COMMITTED AN OFFENSE THAT  IS  LAWFULLY  CLASSIFIED  AS  A
    3  MISDEMEANOR, THE COURT MAY, IN ADDITION TO ANY OTHER DISPOSITION AUTHOR-
    4  IZED  BY  LAW,  ORDER  THE  RESPONDENT  TO PAY ANY FINE AND/OR SURCHARGE
    5  AUTHORIZED FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
    6    3. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
    7  FOUND  TO  HAVE  COMMITTED  AN  OFFENSE THAT IS LAWFULLY CLASSIFIED AS A
    8  FELONY, THE COURT MAY, IN ADDITION TO ANY OTHER  DISPOSITION  AUTHORIZED
    9  BY LAW, ORDER THE RESPONDENT TO PAY ANY FINE AND/OR SURCHARGE AUTHORIZED
   10  BY LAW FOR SUCH AN OFFENSE COMMITTED BY AN ADULT.
   11    4. IF A RESPONDENT AGE SIXTEEN OR SEVENTEEN AT THE TIME OF SUCH ACT IS
   12  FOUND  TO HAVE COMMITTED A TRAFFIC INFRACTION, VIOLATION, MISDEMEANOR OR
   13  FELONY PROHIBITED BY THE VEHICLE AND TRAFFIC LAW, THE COURT MAY TAKE ANY
   14  ACTION WITH RESPECT TO SUCH PERSON'S DRIVER'S LICENSE OR DRIVING  PRIVI-
   15  LEGE AS IS AUTHORIZED BY LAW FOR SUCH A VIOLATION COMMITTED BY AN ADULT.
   16    5. FOR PURPOSES OF THIS SECTION, "OFFENSE" SHALL HAVE THE SAME MEANING
   17  AS IN SUBDIVISION ONE OF SECTION 10.00 OF THE PENAL LAW.
   18    S  26. Subdivision 18 of section 10.00 of the penal law, as amended by
   19  chapter 7 of the laws of 2007, is amended to read as follows:
   20    18. "Juvenile offender" means, WHERE PROSECUTION IS AUTHORIZED BY LAW,
   21  INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF  THE  CRIMINAL  PROCEDURE
   22  LAW  AND  SECTION  325.5  OF THE FAMILY COURT ACT: (1) a person thirteen
   23  years old who is criminally responsible for acts constituting murder  in
   24  the  second  degree  as  defined  in subdivisions one and two of section
   25  125.25 of this chapter or such conduct as a sexually  motivated  felony,
   26  where authorized pursuant to section 130.91 [of the penal law]; and
   27    (2)  a  person  fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years old
   28  who is criminally responsible for acts constituting the  crimes  defined
   29  in  subdivisions  one  and  two  of section 125.25 (murder in the second
   30  degree) and in subdivision three  of  such  section  provided  that  the
   31  underlying  crime  for the murder charge is one for which such person is
   32  criminally responsible; section 135.25 (kidnapping in the first degree);
   33  150.20 (arson in the first degree); subdivisions one and two of  section
   34  120.10  (assault in the first degree); 125.20 (manslaughter in the first
   35  degree); subdivisions one and two of section 130.35 (rape in  the  first
   36  degree); subdivisions one and two of section 130.50 (criminal sexual act
   37  in  the  first  degree);  130.70  (aggravated  sexual abuse in the first
   38  degree); 140.30 (burglary in  the  first  degree);  subdivision  one  of
   39  section  140.25  (burglary  in  the second degree); 150.15 (arson in the
   40  second degree); 160.15 (robbery in the first degree); subdivision two of
   41  section 160.10 (robbery in  the  second  degree)  of  this  chapter;  or
   42  section  265.03  of this chapter, where such machine gun or such firearm
   43  is possessed on school grounds, as that phrase is defined in subdivision
   44  fourteen of section 220.00 of this chapter; or defined in  this  chapter
   45  as an attempt to commit murder in the second degree or kidnapping in the
   46  first  degree,  or  such  conduct  as a sexually motivated felony, where
   47  authorized pursuant to section 130.91 [of the penal law].
   48    S 27. Subdivisions 1 and 2 of section 30.00 of the penal law, subdivi-
   49  sion 1 as amended by chapter 481 of the laws of 1978 and  subdivision  2
   50  as  amended  by  chapter  7  of the laws of 2007, are amended to read as
   51  follows:
   52    1. Except as provided in subdivision two of  this  section,  a  person
   53  less than [sixteen] EIGHTEEN years old is not criminally responsible for
   54  conduct.
   55    2. (A) A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
   56  years  of  age is criminally responsible for acts constituting murder in
       S. 1409                            14
    1  the second degree as defined in subdivisions  one  and  two  of  section
    2  125.25 and in subdivision three of such section provided that the under-
    3  lying crime for the murder charge is one for which such person is crimi-
    4  nally  responsible  or  for such conduct as a sexually motivated felony,
    5  where authorized pursuant to section 130.91 [of the penal  law],  EXCEPT
    6  THAT,  IN  THE  CASE  OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF
    7  AGE, THE PERSON IS ONLY CRIMINALLY RESPONSIBLE PURSUANT  TO  THIS  PARA-
    8  GRAPH IF SUCH ACTION AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMI-
    9  LY  COURT  TO A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE
   10  FAMILY COURT ACT AND SECTION 726.05 OF THE CRIMINAL PROCEDURE  LAW;  and
   11  (B)  a  person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age
   12  is criminally responsible for acts constituting the  crimes  defined  in
   13  section  135.25  (kidnapping  in the first degree); 150.20 (arson in the
   14  first degree); subdivisions one and two of section  120.10  (assault  in
   15  the  first  degree); 125.20 (manslaughter in the first degree); subdivi-
   16  sions one and two of section 130.35 (rape in the first degree); subdivi-
   17  sions one and two of section 130.50 (criminal sexual act  in  the  first
   18  degree);  130.70  (aggravated  sexual abuse in the first degree); 140.30
   19  (burglary in the  first  degree);  subdivision  one  of  section  140.25
   20  (burglary  in  the  second degree); 150.15 (arson in the second degree);
   21  160.15 (robbery in the first degree); subdivision two of section  160.10
   22  (robbery  in  the  second  degree) of this chapter; or section 265.03 of
   23  this chapter, where such machine gun or such  firearm  is  possessed  on
   24  school  grounds,  as  that  phrase is defined in subdivision fourteen of
   25  section 220.00 of this chapter; or defined in this chapter as an attempt
   26  to commit murder in the second degree or kidnapping in the first degree,
   27  or for such conduct as a sexually  motivated  felony,  where  authorized
   28  pursuant  to section 130.91 [of the penal law], EXCEPT THAT, IN THE CASE
   29  OF A PERSON FOURTEEN OR FIFTEEN YEARS OF AGE, THE PERSON IS ONLY  CRIMI-
   30  NALLY  RESPONSIBLE PURSUANT TO THIS PARAGRAPH IF SUCH ACTION AGAINST HIM
   31  OR HER WAS ORDERED REMOVED FROM A FAMILY COURT TO  A  SUPERIOR  CRIMINAL
   32  COURT  PURSUANT  TO  SECTION  325.5  OF THE FAMILY COURT ACT AND SECTION
   33  726.05 OF THE CRIMINAL PROCEDURE LAW.
   34    S 28. Subdivision 2 of section 60.10 of the penal law, as  amended  by
   35  chapter 411 of the laws of 1979, is amended to read as follows:
   36    2. Subdivision one of this section shall apply when sentencing a juve-
   37  nile offender notwithstanding the provisions of any other law that deals
   38  with the authorized sentence for persons who are not juvenile offenders.
   39  Provided,  however, that the limitation prescribed by this section shall
   40  not be deemed or construed to bar use of  a  conviction  of  a  juvenile
   41  offender,  other  than  a  juvenile  offender who has been adjudicated a
   42  youthful offender pursuant to section 720.20 of the  criminal  procedure
   43  law,  as  a  previous  or predicate felony offender under section 70.04,
   44  70.06, 70.08 or 70.10, when sentencing a person  who  commits  a  felony
   45  after he has reached the age of [sixteen] EIGHTEEN.
   46    S  29.  Paragraph  (a)  of subdivision 3 of section 70.05 of the penal
   47  law, as amended by chapter 174 of the laws of 2003, is amended  to  read
   48  as follows:
   49    (a) For the class A felony of murder in the second degree, the minimum
   50  period of imprisonment shall be fixed by the court and shall be not less
   51  than  five years but shall not exceed nine years provided, however, that
   52  where the sentence is for an offense specified in subdivision one or two
   53  of section 125.25 of this chapter and the defendant was  fourteen  [or],
   54  fifteen, SIXTEEN OR SEVENTEEN years old at the time of such offense, the
   55  minimum period of imprisonment shall be not less than seven and one-half
   56  years but shall not exceed fifteen years;
       S. 1409                            15
    1    S  30.  Paragraph  (f)  of subdivision 1 of section 70.30 of the penal
    2  law, as added by chapter 481 of the laws of 1978 and  as  relettered  by
    3  chapter 3 of the laws of 1995, is amended to read as follows:
    4    (f) The aggregate maximum term of consecutive sentences imposed upon a
    5  juvenile  offender for two or more crimes, not including a class A felo-
    6  ny, committed before he has  reached  the  age  of  [sixteen]  EIGHTEEN,
    7  shall,  if  it  exceeds ten years, be deemed to be ten years. If consec-
    8  utive indeterminate sentences imposed upon a juvenile offender include a
    9  sentence for the class A felony of arson in the first degree or for  the
   10  class  A  felony  of  kidnapping in the first degree, then the aggregate
   11  maximum term of such sentences shall, if it exceeds  fifteen  years,  be
   12  deemed  to  be fifteen years. Where the aggregate maximum term of two or
   13  more consecutive sentences is reduced by a calculation made pursuant  to
   14  this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
   15  exceeds one-half of the aggregate maximum term as so reduced,  shall  be
   16  deemed to be one-half of the aggregate maximum term as so reduced.
   17    S  31.  Paragraph  (d)  of subdivision 1 of section 70.30 of the penal
   18  law, as added by chapter 481 of the laws of 1978, is amended to read  as
   19  follows:
   20    (d) The aggregate maximum term of consecutive sentences imposed upon a
   21  juvenile  offender for two or more crimes, not including a class A felo-
   22  ny, committed before he has  reached  the  age  of  [sixteen]  EIGHTEEN,
   23  shall,  if  it  exceeds ten years, be deemed to be ten years. If consec-
   24  utive indeterminate sentences imposed upon a juvenile offender include a
   25  sentence for the class A felony of arson in the first degree or for  the
   26  class  A  felony  of  kidnapping in the first degree, then the aggregate
   27  maximum term of such sentences shall, if it exceeds  fifteen  years,  be
   28  deemed  to  be fifteen years. Where the aggregate maximum term of two or
   29  more consecutive sentences is reduced by a calculation made pursuant  to
   30  this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
   31  exceeds one-half of the aggregate maximum term as so reduced,  shall  be
   32  deemed to be one-half of the aggregate maximum term as so reduced.
   33    S 32. Severability. If any clause, sentence, paragraph, subdivision or
   34  part  of  this  act, or the application thereof to any person or circum-
   35  stance, shall be adjudged by any court of competent jurisdiction  to  be
   36  invalid  or  unconstitutional, such judgment shall not affect, impair or
   37  invalidate the reminder thereof, but shall be confined in its  operation
   38  to  the clause, sentence, paragraph, subdivision or part of this act, or
   39  in its application to the person or circumstance, directly  involved  in
   40  the controversy in which such judgment shall have been rendered.
   41    S  33. This act shall take effect 18 months after it shall have become
   42  a law; provided, however, that the amendments to paragraph (f) of subdi-
   43  vision 1 of section 70.30 of the penal law made  by  section  thirty  of
   44  this  act shall be subject to the expiration and reversion of such para-
   45  graph pursuant to subdivision d of section 74 of chapter 3 of  the  laws
   46  of 1995, as amended, when upon such date the provisions of section thir-
   47  ty-one of this act shall take effect.