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Bill > A01074


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.


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the criminal procedure law, in relation 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

AI Summary

This bill amends the criminal procedure law to provide more specific guidance for courts when deciding whether to transfer adolescent offenders' cases from criminal court to family court. The bill introduces a detailed definition of "extraordinary circumstances" that would prevent transferring a case to family court, which includes factors such as committing multiple crimes over several days, acting in an especially cruel manner, or coercing other adolescents into participating in criminal activities. Additionally, the bill defines "significant physical injury" as harm that involves a risk of death, protracted substantial pain, serious disfigurement, or long-term impairment of bodily function or sensory capabilities. These new definitions are intended to give judges clearer criteria when evaluating whether an adolescent offender should be tried in criminal or family court, with a focus on the severity and nature of the alleged criminal acts. The bill aims to ensure that particularly serious or egregious cases are not automatically transferred to the more rehabilitative family court system. The changes will take effect on the first of November following the bill's passage into law.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

referred to codes (on 01/08/2025)

bill text


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