BILL NUMBER: S6787
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the penal law, in relation to enhancing sentences for
certain offenses involving weapons on or near school grounds; to amend
the family court act and the criminal procedure law, in relation to the
availability of certain records; to amend the retirement and social
security law, in relation to annual earnings limitations for certain
retired police officers; to amend the criminal procedure law, in
relation to adding a defendant's identifiable ties to the community,
state and/or county to consider whether to fix a securing order; to
amend the civil practice law and rules and the criminal procedure law,
in relation to allowing courts to hold a pre-trial community safety and
well-being hearing; to amend the criminal procedure law, in relation to
the court's consideration of the existence of extraordinary circum-
stances and significant physical injury in determining whether to remove
adolescent offenders to family court; to amend the criminal procedure
law, in relation to adolescent offenders authorized to be removed to
family court; and to amend the penal law, in relation to modifying the
crime of criminal solicitation in the third degree
 
PURPOSE:
This bill will repeal sections of the "Raise the Age" law that was
implemented in 2018, provide for significant consequences for the perpe-
trators of violent crimes, hold illegal gun owners responsible for their
actions and increase funding for law enforcement agencies and school
districts looking to expand their School Resource Officer programs.
 
SUMMARY OF PROVISIONS:
Section 1-The penal law is amended by adding a new section 70.11 for
crimes on or new school grounds;
Section 2-Refers to the sharing of juvenile records with school offi-
cials for developing a school safety plan;
Section 3-Refers to the sharing of juvenile records with school and law
enforcement officials;
Section 4-Refers to the accessibility of police records by law enforce-
ment and educational officials;
Section 5-Allows for the release of the name and booking photo of a
youth involved in school gun violence;
Section 6-Amends retirement and social security law to raise the earn-
ings cap for school resource officers;
Section 7-Refers to identifiable ties to a community for a defendant;
Section 8-Allows for determining grounds for a temporary extreme risk
protection order from the courts and adding mental health evaluations to
the list of determinations;
Section 9-Allows for a pretrial detention when physical force is threat-
ened or other serious allegations;
Section 10-Allows for the court to prevent a transfer to family court
for a youth in the presence of extraordinary circumstances;
Section 11-Amends Subdivision 2 of Section 722.23 of criminal procedure
law to define significant physical injury;
Section 12-Amends Subparagraph (ii) of paragraph c of subdivision 2 of
section 722.23 of the criminal procedure law to clarify criminal display
of a firearm;
Section 13-introduces the crime of criminal solicitation in the third
degree;
Section 14-provides the effective date.
 
JUSTIFICATION:
In the aftermath of the recent shooting outside of a Proctor High School
Football game in Utica, it is incumbent on the legislature to ensure we
have the necessary tools to combat school and community violence. This
legislation would increase penalties for firearms offenses committed
within 5,000 feet of school grounds and would provide school and law
enforcement officials access to the records of juveniles with criminal
records so that a safety plan for the school and community can be devel-
oped.
This legislation also seeks to amend several previously enacted criminal
justice provisions, including "Raise the Age" and former Governor
Cuomo's ban on the release of mugshots of those accused of violent
crimes with a firearm. In addition, the legislation adds provisions
enhancing support for school safety and School Resource Officers.
Finally, this legislation would give Courts more leeway in which
resources may be used on suspects who may present a danger to their
communities and creates the crime of "criminal solicitation in the third
degree" when a youth is provided a firearm from someone over the age of
18 for deliberate use in a violent crime.
 
LEGISLATIVE HISTORY:
2023-S7699 - Referred to Rules Committee
2024- S7699 - Referred to Codes Committee
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall become
a law and shall apply to all criminal cases where the defendant was
arraigned on or after such effective date.

Statutes affected:
S6787: 720.15 criminal procedure law, 212 retirement and social security law, 6342 civil practice law, 6342(2) civil practice law, 722.23 criminal procedure law, 722.23(1) criminal procedure law, 722.23(2) criminal procedure law, 100.08 penal law