BILL NUMBER: S2361A
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 in order 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, in order for an adolescent
to illegally 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. Remov-
ing 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:
2023-2024: A.7059 - Referred to codes / S.8713 - Referred to codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of November next to 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