BILL NUMBER: S8531
SPONSOR: ROLISON
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the removal
of adolescent offenders to family court; and to amend the family court
act, in relation to jurisdiction
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation makes changes to Raise the Age by requiring juvenile
offenders to be tried in adult court after they have previously been
arrested for a felony that was removed to family court and to require
juvenile offenders to be tried in adult court after committing two sepa-
rate misdemeanors unless there are mitigating circumstances. The legis-
lation also expands the crimes committed by juvenile offenders that can
go to adult court to include using or possessing a firearm.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 2 of section 722.23 of the criminal proce-
dure law parts (ii) to include illegally used and possessed firearms
and(iv) where the defendant has previously been arrested for a felony
that was removed to family court.
Section 2: Amends subdivision 5 of section 722.21 of the criminal proce-
dure law to add or where the defendant has previously been arrested for
a felony that was removed to family court.
Section 3: Amends paragraph (b) of subdivision 1 of section 722.22 is
amended to state or where the defendant has previously been arrested for
a felony that was removed to family court.
Section 4: Amends paragraphs (a) and (h) of subdivision 1 of section
722.23 of the criminal procedure law to add or where the defendant has
previously been arrested for a felony that was removed to family court
and outlines mitigating factors to remove an action to family court in
certain circumstances.
Section 5: Amends subdivision 44 of section 1.20 of the criminal proce-
dure law to broaden the definition of "adolescent offender" to include a
person charged with a misdemeanor when such person is sixteen or seven-
teen years of age after having been previously adjudicated as a juvenile
delinquent on two separate occasions.
Section 6: Amends subdivision 4 of section 302.1 of the family court act
to add unless the respondent is charged with a misdemeanor or complaint
on accused of a misdemeanor conduct after having been previously adjudi-
cated as a juvenile delinquent on two prior separate occasions.
Section 7: States the act shall take effect immediately.
 
JUSTIFICATION:
Since the implementation of Raise the Age in 2017, there has been an
increase of youth crimeth and calls for reforms111. The bill seeks to
address serious repeat juvenile offenders in a fair way that gives judi-
cial discretion over the removal of cases to family court.
This legislation continues current process for juvenile offenders to
have their case removed to family court for their first felony offense.
Upon their second offense, this legislation requires them to be tried as
an adult unless there are mitigating circumstances. After a juvenile's
first two misdemeanors, their case will also be moved to adult court
unless there are mitigating circumstances. Finally, the bill makes ille-
gally using or possessing a firearm an exception to a case being removed
to family court.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately.
i https://nypost.com/2025/09/17/us-news/nyc-youth-crime-doubled- sincec-
ontroversial-state-raise-the-age-law-kicked-in -new-report-shows-bad-re-
sults/
ii https://www.nyc.gov/
assets/operations/downloads/pdf/mmr2025/2025_mmr.pdf
iii https://nystateofpolitics.com/ state-of-politics/new-
york/politics/2025/08/18/n-y--district- attorneys-set -sights-on-raise-
the-age-tweaks-next-year

Statutes affected:
S8531: 722.21 criminal procedure law, 722.21(5) criminal procedure law, 722.22 criminal procedure law, 722.22(1) criminal procedure law, 1.20 criminal procedure law, 1.20(44) criminal procedure law