BILL NUMBER: S2361
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to adolescent
offenders authorized to be removed to family court
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would remove the requirement to have an adolescent "display" a
loaded firearm for them to illegally possess it.
 
SUMMARY OF PROVISIONS:
Section 1. Amend subparagraph (ii) of paragraph (c) of subdivision 2 of
section 722.23 of the criminal procedure law.
Section 2. Effective Date
 
JUSTIFICATION:
Currently under "Raise the Age" legislation, for an adolescent to ille-
gally possess a firearm, it is required for the adolescent to physically
"display" the firearm. This requirement is incredibly hard to gather
evidence for, making this a difficult crime to prosecute. Removing this
language will allow for smoother prosecution, along with the removal of
firearms from the hands of our youth. It is imperative that we protect
the youth of NYS, and we can do this by removing firearms from their
possession, through this legislation.
 
PRIOR LEGISLATIVE HISTORY:
2024: Held in Senate Codes.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law.

Statutes affected:
S2361: 722.23 criminal procedure law, 722.23(2) criminal procedure law