Bill > A04161

This bill amends the New York Criminal Procedure Law to modify when an adolescent offender can be transferred from family court to criminal court. Specifically, the bill adds a new provision that prevents removal to family court if the defendant possessed a loaded firearm during the commission of an offense. A "loaded firearm" is defined according to New York Penal Law as a gun that has ammunition in the chamber, magazine, or attached in a way that would allow it to be immediately fired. Currently, the law allows transfer to criminal court if certain serious conditions are met, such as causing significant physical injury or displaying a weapon. This new provision explicitly adds possessing a loaded firearm as another condition that would require the case to proceed in criminal court rather than family court. The bill aims to ensure that adolescent offenders who are found with loaded firearms during the commission of a crime are prosecuted in the adult criminal justice system, potentially reflecting a stance that such behavior represents a more serious public safety risk. The amendment takes effect immediately upon passage.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A4161