S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6010
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 13, 2013
                                      ___________
       Introduced by M. of A. GIGLIO, FINCH, McDONOUGH, KOLB -- Multi-Sponsored
         by  --  M. of A.   BUTLER, CROUCH, HAWLEY, McKEVITT, OAKS -- read once
         and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, the penal law and the family
         court act, in  relation  to  providing  juvenile  offender  status  to
         persons  thirteen, fourteen or fifteen years of age who have committed
         certain sex offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  42 of section 1.20 of the criminal procedure
    2  law, as amended by chapter 7 of the laws of 2007, is amended to read  as
    3  follows:
    4    42.  "Juvenile offender" means (1) a person, thirteen years old who is
    5  criminally responsible for acts constituting murder in the second degree
    6  as defined in subdivisions one and two of section 125.25  of  the  penal
    7  law[,];  SUBDIVISIONS  ONE  AND TWO OF SECTION 130.35 (RAPE IN THE FIRST
    8  DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT
    9  IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
   10  FIRST  DEGREE);  or  such  conduct as a sexually motivated felony, where
   11  authorized pursuant to section 130.91 of the penal law; and (2) a person
   12  fourteen or fifteen years old who is  criminally  responsible  for  acts
   13  constituting  the  crimes defined in subdivisions one and two of section
   14  125.25 (murder in the second degree) and in subdivision  three  of  such
   15  section  provided that the underlying crime for the murder charge is one
   16  for which such person is criminally responsible; section 135.25 (kidnap-
   17  ping in the first degree); 150.20 (arson in the first degree);  subdivi-
   18  sions  one  and  two  of  section  120.10 (assault in the first degree);
   19  125.20 (manslaughter in the first degree); subdivisions one and  two  of
   20  section  130.35  (rape in the first degree); subdivisions one and two of
   21  section 130.50 (criminal sexual act in the first degree); SECTION 130.66
   22  (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE);  SECTION  130.67  (AGGRA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06497-01-3
       A. 6010                             2
    1  VATED  SEXUAL  ABUSE  IN  THE  SECOND DEGREE); 130.70 (aggravated sexual
    2  abuse in the first degree);  140.30  (burglary  in  the  first  degree);
    3  subdivision  one  of  section  140.25  (burglary  in the second degree);
    4  150.15  (arson  in  the  second  degree);  160.15  (robbery in the first
    5  degree); subdivision two  of  section  160.10  (robbery  in  the  second
    6  degree) of the penal law; or section 265.03 of the penal law, where such
    7  machine  gun  or  such  firearm  is possessed on school grounds, as that
    8  phrase is defined in subdivision fourteen of section 220.00 of the penal
    9  law; or defined in the penal law as an attempt to commit murder  in  the
   10  second  degree  or  kidnapping in the first degree, or such conduct as a
   11  sexually motivated felony, where authorized pursuant to  section  130.91
   12  of the penal law.
   13    S  2. Subdivision (a) of section 190.71 of the criminal procedure law,
   14  as amended by chapter 7 of the laws of  2007,  is  amended  to  read  as
   15  follows:
   16    (a)  Except  as  provided in subdivision six of section 200.20 of this
   17  chapter, a grand jury may not indict (i) a person thirteen years of  age
   18  for any conduct or crime other than conduct constituting a crime defined
   19  in  subdivisions  one  and  two  of section 125.25 (murder in the second
   20  degree); SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN  THE  FIRST
   21  DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT
   22  IN  THE  FIRST  DEGREE);  SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
   23  FIRST DEGREE); or such conduct as a  sexually  motivated  felony,  where
   24  authorized  pursuant  to  section 130.91 of the penal law; (ii) a person
   25  fourteen or fifteen years of age for any conduct  or  crime  other  than
   26  conduct  constituting  a  crime  defined  in subdivisions one and two of
   27  section 125.25 (murder in the second degree) and in subdivision three of
   28  such section provided that the underlying crime for the murder charge is
   29  one for which such person is criminally responsible; 135.25  (kidnapping
   30  in  the  first degree); 150.20 (arson in the first degree); subdivisions
   31  one and two of section 120.10 (assault  in  the  first  degree);  125.20
   32  (manslaughter  in the first degree); subdivisions one and two of section
   33  130.35 (rape in the first degree); subdivisions one and two  of  section
   34  130.50 (criminal sexual act in the first degree); SECTION 130.66 (AGGRA-
   35  VATED  SEXUAL  ABUSE  IN  THE  THIRD DEGREE); SECTION 130.67 (AGGRAVATED
   36  SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexual  abuse  in
   37  the  first  degree);  140.30 (burglary in the first degree); subdivision
   38  one of section 140.25 (burglary in the second degree); 150.15 (arson  in
   39  the  second  degree);  160.15 (robbery in the first degree); subdivision
   40  two of section 160.10 (robbery in the second degree) of the  penal  law;
   41  subdivision  four of section 265.02 of the penal law, where such firearm
   42  is possessed on school grounds, as that phrase is defined in subdivision
   43  fourteen of section 220.00 of the penal law; or section  265.03  of  the
   44  penal law, where such machine gun or such firearm is possessed on school
   45  grounds,  as  that  phrase is defined in subdivision fourteen of section
   46  220.00 of the penal law; or defined in the penal law as  an  attempt  to
   47  commit murder in the second degree or kidnapping in the first degree, or
   48  such  conduct  as a sexually motivated felony, where authorized pursuant
   49  to section 130.91 of the penal law.
   50    S 3. Subdivision 18 of section 10.00 of the penal law, as  amended  by
   51  chapter 7 of the laws of 2007, is amended to read as follows:
   52    18.  "Juvenile  offender" means (1) a person thirteen years old who is
   53  criminally responsible for acts constituting murder in the second degree
   54  as defined in subdivisions  one  and  two  of  section  125.25  of  this
   55  chapter;  SUBDIVISIONS  ONE AND TWO OF SECTION 130.35 (RAPE IN THE FIRST
   56  DEGREE); SUBDIVISIONS ONE AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT
       A. 6010                             3
    1  IN THE FIRST DEGREE); SECTION 130.70 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
    2  FIRST  DEGREE);  or  such  conduct as a sexually motivated felony, where
    3  authorized pursuant to section 130.91 of [the penal law]  THIS  CHAPTER;
    4  and
    5    (2) a person fourteen or fifteen years old who is criminally responsi-
    6  ble for acts constituting the crimes defined in subdivisions one and two
    7  of section 125.25 (murder in the second degree) and in subdivision three
    8  of such section provided that the underlying crime for the murder charge
    9  is  one  for which such person is criminally responsible; section 135.25
   10  (kidnapping in the first degree); 150.20 (arson in  the  first  degree);
   11  subdivisions  one  and  two  of  section  120.10  (assault  in the first
   12  degree); 125.20 (manslaughter in the first degree); subdivisions one and
   13  two of section 130.35 (rape in the first degree); subdivisions  one  and
   14  two of section 130.50 (criminal sexual act in the first degree); SECTION
   15  130.66  (AGGRAVATED  SEXUAL  ABUSE  IN THE THIRD DEGREE); SECTION 130.67
   16  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
   17  al abuse in the first degree); 140.30 (burglary in  the  first  degree);
   18  subdivision  one  of  section  140.25  (burglary  in the second degree);
   19  150.15 (arson in the  second  degree);  160.15  (robbery  in  the  first
   20  degree);  subdivision  two  of  section  160.10  (robbery  in the second
   21  degree) of this chapter; or section 265.03 of this chapter,  where  such
   22  machine  gun  or  such  firearm  is possessed on school grounds, as that
   23  phrase is defined in subdivision fourteen  of  section  220.00  of  this
   24  chapter;  or  defined  in this chapter as an attempt to commit murder in
   25  the second degree or kidnapping in the first degree, or such conduct  as
   26  a sexually motivated felony, where authorized pursuant to section 130.91
   27  of [the penal law] THIS CHAPTER.
   28    S  4.   Subdivision 2 of section 30.00 of the penal law, as amended by
   29  chapter 7 of the laws of 2007, is amended to read as follows:
   30    2. A person thirteen, fourteen or fifteen years of age  is  criminally
   31  responsible for acts constituting murder in the second degree as defined
   32  in  subdivisions  one and two of section 125.25 and in subdivision three
   33  of such section provided that the underlying crime for the murder charge
   34  is one for which such person  is  criminally  responsible  or  for  such
   35  conduct  as  a  sexually  motivated felony, where authorized pursuant to
   36  section 130.91 of the penal law; A  PERSON  THIRTEEN  YEARS  OF  AGE  IS
   37  CRIMINALLY  RESPONSIBLE  FOR  ACTS  CONSTITUTING  THE  CRIMES DEFINED IN
   38  SUBDIVISIONS ONE AND TWO OF SECTION 130.35 (RAPE IN THE  FIRST  DEGREE);
   39  SUBDIVISIONS  ONE  AND TWO OF SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE
   40  FIRST DEGREE); AND SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE  FIRST
   41  DEGREE);  and  a  person  fourteen or fifteen years of age is criminally
   42  responsible for acts constituting the crimes defined in  section  135.25
   43  (kidnapping  in  the  first degree); 150.20 (arson in the first degree);
   44  subdivisions one and  two  of  section  120.10  (assault  in  the  first
   45  degree); 125.20 (manslaughter in the first degree); subdivisions one and
   46  two  of  section 130.35 (rape in the first degree); subdivisions one and
   47  two of section 130.50 (criminal sexual act in the first degree); SECTION
   48  130.66 (AGGRAVATED SEXUAL ABUSE IN THE  THIRD  DEGREE);  SECTION  130.67
   49  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70 (aggravated sexu-
   50  al  abuse  in  the first degree); 140.30 (burglary in the first degree);
   51  subdivision one of section  140.25  (burglary  in  the  second  degree);
   52  150.15  (arson  in  the  second  degree);  160.15  (robbery in the first
   53  degree); subdivision two  of  section  160.10  (robbery  in  the  second
   54  degree)  of  this chapter; or section 265.03 of this chapter, where such
   55  machine gun or such firearm is possessed  on  school  grounds,  as  that
   56  phrase  is  defined  in  subdivision  fourteen of section 220.00 of this
       A. 6010                             4
    1  chapter; or defined in this chapter as an attempt to  commit  murder  in
    2  the second degree or kidnapping in the first degree, or for such conduct
    3  as  a  sexually  motivated  felony, where authorized pursuant to section
    4  130.91 of [the penal law] THIS CHAPTER.
    5    S  5.  Subdivision  8  of  section  301.2  of the family court act, as
    6  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    7    8. "Designated felony act" means an act which, if done  by  an  adult,
    8  would  be  a  crime: (i) defined in sections 125.27 (murder in the first
    9  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
   10  first degree); or 150.20 (arson in the first degree) of  the  penal  law
   11  committed  by  a  person  thirteen, fourteen or fifteen years of age; or
   12  such conduct committed as a sexually motivated felony, where  authorized
   13  pursuant  to  section  130.91 of the penal law; (ii) defined in sections
   14  120.10 (assault in the first degree); 125.20 (manslaughter in the  first
   15  degree);  130.35 (rape in the first degree); 130.50 (criminal sexual act
   16  in the first degree); 130.66  (AGGRAVATED  SEXUAL  ABUSE  IN  THE  THIRD
   17  DEGREE);  130.67  (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 130.70
   18  (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
   19  second degree) but only where the abduction involved the use  or  threat
   20  of  use of deadly physical force; 150.15 (arson in the second degree) or
   21  160.15 (robbery in the first degree) of the penal  law  committed  by  a
   22  person  thirteen,  fourteen  or  fifteen  years  of age; or such conduct
   23  committed as a sexually motivated felony, where authorized  pursuant  to
   24  section  130.91  of  the penal law; (iii) defined in the penal law as an
   25  attempt to commit murder in the first or second degree or kidnapping  in
   26  the  first  degree  committed  by a person thirteen, fourteen or fifteen
   27  years of age; or such conduct committed as a sexually motivated  felony,
   28  where  authorized  pursuant  to  section  130.91  of the penal law; (iv)
   29  defined in section 140.30 (burglary in the  first  degree);  subdivision
   30  one  of  section 140.25 (burglary in the second degree); subdivision two
   31  of section 160.10 (robbery in the second degree) of the  penal  law;  or
   32  section  265.03 of the penal law, where such machine gun or such firearm
   33  is possessed on school grounds, as that phrase is defined in subdivision
   34  fourteen of section 220.00 of the penal law committed by a person  four-
   35  teen  or  fifteen  years of age; or such conduct committed as a sexually
   36  motivated felony, where authorized pursuant to  section  130.91  of  the
   37  penal  law; (v) defined in section 120.05 (assault in the second degree)
   38  or 160.10 (robbery in the second degree) of the penal law committed by a
   39  person fourteen or fifteen years of age but only where there has been  a
   40  prior  finding  by  a court that such person has previously committed an
   41  act which, if committed by an adult, would be the crime  of  assault  in
   42  the second degree, robbery in the second degree or any designated felony
   43  act  specified  in  paragraph  (i),  (ii),  or (iii) of this subdivision
   44  regardless of the age of such person at the time of  the  commission  of
   45  the prior act; or (vi) other than a misdemeanor committed by a person at
   46  least seven but less than sixteen years of age, but only where there has
   47  been  two  prior  findings by the court that such person has committed a
   48  prior felony.
   49    S 6. This act shall take effect on the first of November next succeed-
   50  ing the date on which it shall have become a law.