BILL NUMBER: S6324
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
Clearly defines "extraordinary circumstances" and "significant physical
injury" in relation to adolescent offenders being transferred to family
court.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 722.23 of the penal law and clearly defines
"extraordinary circumstances". Section 2 amends section 722.23 of the
criminal procedure law and clearly defines "significant physical inju-
ry." Section 3 establishes the effective date.
 
JUSTIFICATION:
When legislation regarding the transfer of adolescent offenders to fami-
ly court was written, nobody considered clearly defining the terms that
would allow for these transfers to be prevented. judges have constantly
been overturned in their efforts to keep adolescents in the criminal
court, because of the lack of clarity within penal law. By clearly
defining extraordinary circumstances, 'and significant physical injury,
there will be a decrease in the frequency that judges are having deci-
sions turned over. Adolescents who have committed heinous acts will now
be held to a standard that matches the multitude of the crimes they have
committed.
 
PRIOR LEGISLATIVE HISTORY:
2024; Amended and recommitted to Senate Codes.
 
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:
S6324: 722.23 criminal procedure law, 722.23(1) criminal procedure law, 722.23(2) criminal procedure law