What's happening
This bill raises the age of criminal responsibility to 18, reforms juvenile justice procedures, and expands diversion and supportive services for youth.
Why it matters
Significantly changes how youth interact with the justice system. By raising the age of criminal responsibility to 18, most 16- and 17-year-olds will be processed in family/juvenile court rather than adult criminal court, which research shows reduces recidivism and improves life outcomes for youth.
Emphasizes rehabilitation over punishment for young offenders. The bill expands diversion programs, community-based services, and mandates the least restrictive alternatives to detention or incarceration, aiming to address the root causes of delinquent behavior (such as trauma, family issues, or mental health needs) rather than imposing adult sentences.
Limits the use of detention and out-of-home placement. New requirements sharply restrict when youth can be held in detention or placed in state custody, particularly for lower-level offenses, and require justification and risk assessments to detain a youth—shifting system incentives toward keeping youth in their homes and communities whenever safe and possible.
Creates new funding and mandates for supportive services. Establishes “Family Support Centers” statewide, fully funded by the state, to provide crisis intervention, mental health care, and family counseling for at-risk youth. This represents a major public investment in preventive and rehabilitative services, aiming to reduce justice system involvement and improve public safety long-term.
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Who cares
Headline styles
Raise Juvenile Prosecution Age
Plain English, a few words. Used as the page title.
Sponsors
47 Co-sponsors
- Ellen C. Jaffee
- Carl Heastie
- Jeffrion Aubry
- Helene Weinstein
- N. Nick Perry
- David Weprin
- Andrew Hevesi
- Daniel O'Donnell
- Donna Lupardo
- Michael Blake
- Luis R. Sepúlveda
- Walter T. Mosley
- Philip Ramos
- Earlene Hooper
- Vivian Cook
- Carmen E. Arroyo
- Felix Ortiz
- Jose Rivera
- Crystal Peoples-Stokes
- Michele Titus
- Marcos Crespo
- Ron Kim
- Nily Rozic
- Michaelle C. Solages
- Maritza Davila
- Victor M. Pichardo
- Charles Barron
- Rodneyse Bichotte Hermelyn
- Erik Dilan
- Kimberly Jean-Pierre
- Latoya Joyner
- Latrice Walker
- Diana Richardson
- Jo Anne Simon
- Linda Rosenthal
- Richard Gottfried
- Matthew Titone
- Robert J. Rodriguez
- Patricia Fahy
- Thomas Abinanti
- Alicia Hyndman
- Robert C. Carroll
- Carmen De La Rosa
- Jeffrey Dinowitz
- Sandy Galef
- Rebecca Seawright
- Yuh-Line Niou
History
- Starred on calendar
- Ordered to third reading cal.345
- Returned to assembly
- Died in senate
- Referred to judiciary
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.58
- Reported
- Reported referred to ways and means
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Juvenile Justice to 18
In Senate Committee · Judiciary · Sponsor Velmanette Montgomery
Full text
83 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4876
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. LENTOL, JAFFEE, HEASTIE, AUBRY, WEINSTEIN, PERRY, WEPRIN, FARRELL, HEVESI, O'DONNELL, LUPARDO, BLAKE, SEPULVEDA, MOSLEY, RAMOS, HOOPER, COOK, ARROYO, ORTIZ, RIVERA, PEOPLES-STOKES, TITUS, CRESPO, MOYA, KIM, ROZIC, SOLAGES, DAVILA, PICHARDO, BARRON, BICHOTTE, DILAN, JEAN-PIERRE, JOYNER, WALKER, RICHARDSON, SIMON, ROSENTHAL, GOTTFRIED, TITONE, RODRIGUEZ, FAHY -- read once and referred to the Committee on Codes
AN ACT to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts… Show allHide
AN ACT to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures regarding the adjustment of cases from criminal courts to family court, the age at which children may be tried as an adult for various felonies, and the manner in which courts handle juvenile delinquent cases; to amend the social services law, in relation to state reimbursement for expenditures made by social services districts for various services; to amend the social services law, in relation to the definitions of juvenile delinquent and persons in need of supervision; to amend the penal law, in relation to the definition of infancy and the authorized dispositions, sentences, and periods of post-release supervision for juvenile offenders; to amend chapter 3 of the laws of
1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in… Show allHide
1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in relation to the arrest of a juvenile offender without a warrant; in relation to conditional sealing of certain convictions; in relation to removal of certain proceedings to family court; in relation to joinder of offenses and consolidation of indictments; in relation to appearances and hearings for and placements of certain juvenile offenders; in relation to raising the age for juvenile offender status; in relation to creating a youth part for certain proceedings involving juvenile offenders; to amend the correction law, in relation to requiring that no county jail be used for the confinement of persons under the age of eighteen; to amend the education law, in relation to certain contracts [ ] is old law to be omitted.
A. 4876 2 with the office of children and family services; to amend the education law, in relation to the possession of a gun on school grounds by a student; to amend the executive law, in relation to persons in need of supervision or youthful offenders; and to amend the vehicle and traffic law, in relation to convictions; and in relation to suspension, revocation and reissuance of licenses and registrations; and to repeal certain provisions of the correction law relating to the housing of prisoners and other persons in custody
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (vi) of subdivision (a) of section 115 of the family court act, as amended by chapter 222 of the laws of 1994, is amended to read as follows:
(vi) proceedings concerning juvenile delinquency as set forth in article three of this act that are commenced in family court.
§ 2. Subdivision (e) of section 115 of the family court act, as added by chapter 222 of the laws of 1994, is amended to read as follows:
(e) The family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of this act and has concurrent jurisdiction with the youth part of a superior court over any juvenile delinquency proceeding resulting from the removal of the case to the family court pursuant to article seven hundred twentyfive of the criminal procedure law.
§ 3. Subdivision (b) of section 117 of the family court act, as amended by chapter 7 of the laws of 2007, is amended to read as follows:
(b) For every juvenile delinquency proceeding under article three of this act involving an allegation of an act committed by a person which, if done by an adult, would [be a crime (i) defined in sections 125.27 (murder in the first degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in the second degree), but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree); or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by a person fourteen or fifteen years of age; or such conduct committed as
A. 4876 3
a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (v) defined in section 120.05 (assault in the second degree) or 160.10 (robbery in the second degree) of the penal law committed by a person fourteen or fifteen years of age but only where there has been a prior finding by a court that such person has previously committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in clause (i), (ii) or (iii) of this subdivision regardless of the age of such person at the time of the commission of the prior act; or (vi) other than a misdemeanor, committed by a person at least seven but less than sixteen years of age, but only where there has been two prior findings by the court that such person has committed a prior act which, if committed by an adult would be a felony] constitute a designated felony act as defined in subdivision eight of section 301.2 of such article:
(i) There is hereby established in the family court in the city of New York at least one "designated felony act part." Such part or parts shall be held separate from all other proceedings of the court, and shall have jurisdiction over all proceedings involving such an allegation that are not referred to the youth part of a superior court. All such proceedings shall be originated in or be transferred to this part from other parts as they are made known to the court.
(ii) Outside the city of New York, all proceedings involving such an allegation shall have a hearing preference over every other proceeding in the court, except proceedings under article ten of this act.
§ 4. Subdivision 1 of section 301.2 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:
1. "Juvenile delinquent" means a person [over seven and less than sixteen years of age, who, having committed an act that would constitute a crime if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law]:
(a) who is:
(i) ten or eleven years of age who committed an act that would constitute a crime as defined in section 125.25 (murder in the second degree) of the penal law if committed by an adult; or
(ii) at least twelve years of age and less than eighteen years of age who committed an act that would constitute a crime if committed by an adult; or
(iii) sixteen or seventeen years of age who committed a violation of paragraph (a) of subdivision two of section sixty-five-b of the alcoholic beverage control law provided, however, that such person shall only be deemed to be a juvenile delinquent for the purposes of imposing license sanctions in accordance with subdivision four of section 352.2 of this article; and
(b) who is either:
(i) not criminally responsible for such conduct by reason of infancy; or
(ii) the defendant in an action based on such act that has been ordered removed to the family court pursuant to article seven hundred twenty-five of the criminal procedure law.
§ 5. Subdivisions 8 and 9 of section 301.2 of the family court act, subdivision 8 as amended by chapter 7 of the laws of 2007 and subdivision 9 as added by chapter 920 of the laws of 1982, are amended to read as follows:
A. 4876 4
8. "Designated felony act" means an act which, if done by an adult, would be a crime: (i) defined in sections [125.27 (murder in the first degree);] 125.25 (murder in the second degree); 135.25 (kidnapping in the first degree); or 150.20 (arson in the first degree) of the penal law committed by a person thirteen, fourteen [or], fifteen, sixteen, or seventeen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) defined in sections 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the first degree); 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 135.20 (kidnapping in the second degree) but only where the abduction involved the use or threat of use of deadly physical force; 150.15 (arson in the second degree) or 160.15 (robbery in the first degree) of the penal law committed by a person thirteen, fourteen [or], fifteen, sixteen, or seventeen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iii) defined in the penal law as an attempt to commit murder in the first or second degree or kidnapping in the first degree committed by a person thirteen, fourteen [or], fifteen, sixteen, or seventeen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (iv) defined in section 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law committed by a person fourteen or fifteen years of age; or such conduct committed as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (v) defined in section 120.05 (assault in the second degree) or 160.10 (robbery in the second degree) of the penal law committed by a person fourteen [or], fifteen, sixteen or seventeen years of age but only where there has been a prior finding by a court that such person has previously committed an act which, if committed by an adult, would be the crime of assault in the second degree, robbery in the second degree or any designated felony act specified in paragraph (i), (ii), or (iii) of this subdivision regardless of the age of such person at the time of the commission of the prior act; [or] (vi) other than a misdemeanor committed by a person at least [seven] twelve but less than [sixteen] eighteen years of age, but only where there has been two prior findings by the court that such person has committed a prior felony; or (vii) defined in section 460.22 (aggravated enterprise corruption); 490.25 (crime of terrorism); 490.45 (criminal possession of a chemical weapon or biological weapon in the first degree); 490.50 (criminal use of a chemical weapon or biological weapon in the second degree); 490.55 (criminal use of a chemical weapon or biological weapon in the first degree); 120.11 (aggravated assault upon a police officer or a peace officer); 125.22 (aggravated manslaughter in the first degree); 215.17 (intimidating a victim or witness in the first degree); 265.04 (criminal possession of a weapon in the first degree); 265.09 (criminal use of a firearm in the first degree); 265.13 (criminal sale of a firearm in the first degree); 490.35 (hindering prosecution of terrorism in the first degree); 490.40 (criminal possession of a chemical weapon or biological weapon in the second degree); 490.47 (criminal use of a chemical weapon or biological weapon in the third degree); 121.13 (strangulation in the first degree);
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490.37 (criminal possession of a chemical weapon or biological weapon in the third degree) of the penal law; or a felony sex offense as defined in paragraph (a) of subdivision one of section 70.80 of the penal law.
9. "Designated class A felony act" means a designated felony act [defined in paragraph (i) of subdivision eight] that would constitute a class A felony if committed by an adult.
§ 6. Subdivision 1 of section 302.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:
1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent commenced in family court and concurrent jurisdiction with the youth part of a superior court over any such proceeding removed to the family court pursuant to article seven hundred twenty-five of the criminal procedure law.
§ 6-a. Section 302.1 of the family court act is amended by adding a new subdivision 3 to read as follows:
3. Whenever a crime and a traffic infraction arise out of the same transaction or occurrence, a charge alleging both offenses may be made returnable before the court having jurisdiction over the crime. Nothing herein provided shall be construed to prevent a court, having jurisdiction over a criminal charge relating to traffic or a traffic infraction, from lawfully entering a judgment of conviction, whether or not based on a plea of guilty, for an offense classified as a traffic infraction.
§ 7. Section 304.1 of the family court act, as added by chapter 920 of the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of 1987, is amended to read as follows:
§ 304.1. Detention. 1. A facility certified by the state [division for youth] office of children and family services as a juvenile detention facility must be operated in conformity with the regulations of the state [division for youth and shall be subject to the visitation and inspection of the state board of social welfare] office of children and family services.
2. No child to whom the provisions of this article may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with crime without the approval of the state [division for youth] office of children and family services in the case of each child and the statement of its reasons therefor. The state [division for youth] office of children and family services shall promulgate and publish the rules which it shall apply in determining whether approval should be granted pursuant to this subdivision.
3. [The detention of a child under ten years of age in a secure detention facility shall not be directed under any of the provisions of this article.
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