New York 2025-2026 Regular Session

New York Assembly Bill A01074

Introduced
1/8/25  
Refer
1/8/25  

Caption

Relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist.

Summary

Bill A01074 seeks to amend the criminal procedure law in New York regarding the transfer of adolescent offenders to family court. It introduces specific definitions for 'extraordinary circumstances' and 'significant physical injury' that courts must consider when determining whether to deny the transfer of cases from youth part to family court. The bill outlines that extraordinary circumstances may include heinous facts, multiple criminal events, and the defendant's lack of amenability to family court benefits. Additionally, it defines significant physical injury in terms of risk of death, substantial pain, or impairment of bodily functions.

Impact

If enacted, this bill would alter the criteria under which adolescent offenders can be transferred to family court, potentially resulting in more cases being retained in the youth part of the court system. This change may impact the treatment of juvenile offenders and the resources allocated to their rehabilitation, as well as the overall handling of cases involving significant physical injuries or extraordinary circumstances.

Sentiment

The sentiment surrounding Bill A01074 appears to be mixed, with some support for the need to address serious offenses committed by adolescents, while others express concern about the implications for juvenile justice and rehabilitation. The lack of voting history and committee discussions suggests that the bill is still in early stages of consideration and may face further scrutiny.

Contention

Notable points of contention include the definitions of 'extraordinary circumstances' and 'significant physical injury,' as some stakeholders argue that these criteria may lead to harsher treatment of young offenders. Advocates for juvenile justice reform may oppose the bill, fearing it undermines the rehabilitative goals of family court, while proponents argue it is necessary to address serious crimes committed by adolescents.

Companion Bills

NY S06324

Same As Relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist.

Previously Filed As

NY S06324

Relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist.

NY A05817

Enhances sentences for certain offenses involving weapons on or near school grounds; relates to the availability of certain records of juvenile delinquents or youthful offenders; relates to annual earnings limitations for certain retired police officers employed by a school district or a board of cooperative educational services; adds a defendant's identifiable ties to the community and state to consideration for whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family; allows courts to hold a pre-trial community safety and well-being hearing; relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist; exempts adolescent offenders who were illegally in possession of a loaded firearm from those authorized to be removed to family court; modifies the crime of criminal solicitation in the third degree.

NY S06787

Enhances sentences for certain offenses involving weapons on or near school grounds; relates to the availability of certain records of juvenile delinquents or youthful offenders; relates to annual earnings limitations for certain retired police officers employed by a school district or a board of cooperative educational services; adds a defendant's identifiable ties to the community and state to consideration for whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family; allows courts to hold a pre-trial community safety and well-being hearing; relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist; exempts adolescent offenders who were illegally in possession of a loaded firearm from those authorized to be removed to family court; modifies the crime of criminal solicitation in the third degree.

NY S08531

Limits the circumstances under which the case of an adolescent offender may be removed to family court; limits the jurisdiction of family court with respect to certain repeat adolescent offenders.

NY A09316

Limits the circumstances under which the case of an adolescent offender may be removed to family court; limits the jurisdiction of family court with respect to certain repeat adolescent offenders.

NY S08854

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.

NY A10098

Grants the family court jurisdiction to determine guardianship of minors and infants when there are extraordinary circumstances, including deportation, removal, or forced departure of a parent from the United States; requires the office of court administration to revise certain orders or forms used by the family court to comply with such provisions; provides that the court may, but need not, find abuse, neglect, or abandonment where extraordinary circumstances are found to exist.

NY HB2326

Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.

NY H8428

Includes shared services as one of the considerations in determining whether to authorize the creation of a regional school district.

NY SB00218

An Act Concerning The Consideration Of Public Safety When Determining Whether To Transfer A Juvenile To Adult Court.

Similar Bills

No similar bills found.