New York 2025-2026 Regular Session

New York Assembly Bill A05817

Introduced
2/20/25  
Refer
2/20/25  

Caption

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.

Summary

This bill makes a broad set of changes to New York criminal, family, and retirement law, with a particular focus on weapons offenses, youth justice, school safety, and pretrial detention. It would substantially increase the felony classification for many weapons crimes when they occur on or within 5,000 feet of school grounds, including possession, manufacture, transport, sale, and related offenses. The bill also expands the circumstances under which courts and law enforcement may share juvenile delinquency and youthful offender records with designated school officials, and it authorizes public release of identifying information for certain eligible youths charged with firearm-related offenses. The bill also creates a new pretrial detention framework called a “community safety and well-being hearing,” allowing the People to seek detention based on a defendant’s mental health and the risk posed to community safety in a wide range of serious cases, including violent felonies, domestic violence-related charges, weapons offenses, and certain repeat offenses. In deciding release conditions, courts would be directed to consider additional factors such as a defendant’s ties to the community, state, or county, and the bill would permit detention if no conditions can reasonably ensure safety. It also revises youth court transfer rules by narrowing when adolescent offenders may avoid family court, especially where loaded firearms were involved, and it modifies criminal solicitation in the third degree to cover adults who provide loaded firearms to minors to avoid prosecution.

Impact

The bill would amend multiple sections of the Penal Law, Criminal Procedure Law, Family Court Act, Civil Practice Law and Rules, and Retirement and Social Security Law. Its practical effect would be to increase penalties for many gun-related offenses near schools, broaden access to juvenile and youthful offender records for schools and law enforcement, create a new pretrial detention hearing and detention standard, and tighten rules governing removal of adolescent offenders to family court. It would also raise the annual earnings cap for certain retired police officers working in school safety roles to $50,000 beginning in 2026, and it would expand criminal liability for adults who furnish loaded firearms to minors in certain circumstances.

Sentiment

Based on the bill text and caption, the measure appears to be framed as a public-safety and school-safety package, with an emphasis on gun violence prevention, school protection, and tools for courts and schools to manage higher-risk youth cases. The overall tone is punitive and preventive rather than rehabilitative, suggesting support from lawmakers prioritizing safety and accountability. No committee transcript or vote data was provided, so there is no recorded floor or committee sentiment to assess beyond the bill’s structure and stated purpose.

Contention

The most likely points of contention are the bill’s expansion of punitive consequences and information-sharing for juveniles and youthful offenders, especially the authorization to release identifying information for eligible youths charged with firearm offenses. Another likely area of debate is the new pretrial detention authority, which allows detention based on a broad “community safety and well-being” standard and incorporates mental health evaluations, community ties, and other factors; critics may view this as expanding detention discretion, while supporters may see it as a necessary safety measure. The changes to family court transfer rules for adolescent offenders, particularly the loaded-firearm provision and the narrowed definition of extraordinary circumstances, may also be controversial because they reduce judicial flexibility in youth cases.

Companion Bills

NY S06787

Same As 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.

Previously Filed As

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 A01074

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 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 A05748

Adds a defendant's identifiable ties to the community, state, and/or county to judges' considerations of whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family.

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 A01075

Exempts adolescent offenders who displayed a shotgun, rifle or deadly weapon in furtherance of the underlying offense, or who were illegally in possession of a loaded firearm, from those authorized to be removed to family court.

NY S02361

Exempts adolescent offenders who displayed a shotgun, rifle or deadly weapon in furtherance of the underlying offense, or who were illegally in possession of a loaded firearm, from those authorized to be removed to family court.

NY S09871

Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.

NY S09410

Relates to the resentencing of certain juvenile and adolescent offenders who were convicted prior to October 1, 2018 for offenses not including, rape, sexual assault, murder in the first degree or aggravated murder.

Similar Bills

No similar bills found.