Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.
Summary
S09871 amends New York’s Criminal Procedure Law provisions governing whether an adolescent offender’s case can be removed from criminal court to family court. Under current law, a court generally must transfer certain adolescent offender cases unless the district attorney proves one of several statutory aggravating factors. This bill adds possession of a loaded firearm during the commission of the offense as an additional factor that blocks removal, alongside existing factors such as causing significant physical injury, displaying a firearm or deadly weapon, or committing specified sexual offenses.
In practical terms, the bill would make more adolescent offenders who possessed a loaded firearm during the offense remain in the adult criminal system rather than being eligible for family court treatment. It would directly affect Criminal Procedure Law section 722.23, narrowing judicial discretion to remove these cases and reinforcing adult-court handling for youth cases involving loaded firearms. The bill takes effect immediately if enacted.
Impact
The bill would amend Criminal Procedure Law section 722.23 to add a new statutory bar to removal of adolescent offender cases to family court when the defendant possessed a loaded firearm during the offense. This would expand the list of aggravating circumstances that keep a case in criminal court, affecting prosecutors, defense counsel, judges, and adolescent offenders charged with qualifying offenses. It would not create a new crime or sentencing scheme, but it would change forum selection and the procedural path of eligible youth cases.
Sentiment
No committee transcript or recorded vote is provided, so there is no direct evidence of debate or formal support/opposition in the materials supplied. Based on the bill text and caption, the measure appears to reflect a tough-on-gun-crime approach focused on limiting family-court removal in firearm-involved youth cases. The available context suggests a policy preference for treating loaded-firearm cases more severely, but the record here does not show any expressed legislative sentiment beyond the introduction of the bill.
Contention
The main point of contention is likely the balance between public safety and juvenile justice reform. Supporters would likely argue that adolescent offenders who possess loaded firearms during offenses should remain in criminal court because of the heightened risk of serious harm. Opponents may argue that the bill reduces judicial discretion and limits rehabilitation-oriented handling for youth, even in cases where family court might otherwise be appropriate. Because no transcripts or votes are included, specific named advocates or opponents are not identified in the provided materials.
Same As
Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.
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.
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.
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.
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.
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.