What's happening
This bill raises the age of adult criminal responsibility in New York from 16 to 18, so most 16- and 17-year-olds will be treated in the juvenile justice system rather than as adults.
Why it matters
Addresses adolescent brain development and rehabilitation. By moving most 16- and 17-year-olds into the juvenile system, the bill recognizes scientific evidence that adolescent brains are still developing, especially in areas related to impulse control and decision-making. This shift could lead to more age-appropriate consequences and greater focus on rehabilitation rather than punishment, potentially reducing recidivism.
Protects youth from adult incarceration harms. The legislation prohibits placing individuals under 18 in adult jails or prisons (except under limited circumstances), instead requiring placement in juvenile detention facilities. This is important because youth in adult facilities face higher risks of violence, abuse, and suicide, and are less likely to receive educational and mental health services.
Narrows exceptions and creates a process for serious offenses. While most cases involving 16- and 17-year-olds would go to family court, the bill establishes mechanisms for transferring the most serious cases (such as certain violent felonies) to adult criminal court, but only under specific procedures and with judicial oversight. This balances public safety concerns with the broader goal of treating most youth as juveniles.
Standardizes treatment and potential penalties. The bill amends numerous statutes to ensure that 16- and 17-year-olds are consistently treated as juveniles across the justice system, affecting arrest procedures, detention, sentencing, and criminal records. This could have long-term impacts on affected youths’ access to education, employment, and housing, as juvenile records are generally more protected than adult criminal records.
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Headline styles
Raise Criminal Age to 18
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- 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.
Raise Criminal Age to 18
In Assembly Committee · Codes · Sponsor Joseph Lentol
Full text
15 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4121
2017-2018 Regular Sessions
IN SENATE
February 3, 2017
Introduced by Sens. MONTGOMERY, BAILEY, COMRIE, HOYLMAN, KRUEGER, PARK- ER, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, the executive law, the family court act and the penal law, in relation to raising the age of adult criminal responsibility from sixteen to eighteen so that youth who are charged with a crime may be treated in a more age appropriate manner; and to repeal certain provisions of the criminal procedure law, relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 42 of section 1.20 of the criminal procedure law, as amended by chapter 7 of the laws of 2007, is amended to read as follows:
42. "Juvenile offender" means, where prosecution is authorized by law, including but not limited to section 726.05 of this chapter and section 325.5 of the family court act: (1) a person, thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of the penal law, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and (2) a person fourteen [or], fifteen, sixteen, or seventeen years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03724-02-7
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130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first 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; or defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law.
§ 2. Paragraphs (a) and (b) of subdivision 3 and subdivision 5 of section 180.75 of the criminal procedure law, paragraph (a) of subdivision 3 as added by chapter 481 of the laws of 1978, paragraph (b) of subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivision 5 as added by chapter 411 of the laws of 1979, are amended to read as follows:
(a) If there is reasonable cause to believe that the defendant committed a crime for which a person under the age of [sixteen] eighteen is criminally responsible, the court must order that the defendant be held for the action of a grand jury of the appropriate superior court, and it must promptly transmit to such superior court the order, the felony complaint, the supporting depositions and all other pertinent documents. Until such papers are received by the superior court, the action is deemed to be still pending in the local criminal court; or
(b) If there is not reasonable cause to believe that the defendant committed a crime for which a person under the age of [sixteen] eighteen is criminally responsible but there is reasonable cause to believe that the defendant is a "juvenile delinquent" as defined in subdivision one of section 301.2 of the family court act, the court must specify the act or acts it found reasonable cause to believe the defendant did and direct that the action be removed to the family court in accordance with the provisions of article seven hundred twenty-five of this chapter; or
5. Notwithstanding the provisions of subdivision two, three, or four, if a currently undetermined felony complaint against a juvenile offender is pending in a local criminal court, and the defendant has not waived a hearing pursuant to subdivision two and a hearing pursuant to subdivision three has not commenced, the defendant may move in the superior court which would exercise the trial jurisdiction of the offense or offenses charged were an indictment therefor to result, to remove the action to family court. The procedural rules of subdivisions one and two of section 210.45 of this chapter are applicable to a motion pursuant to this subdivision. Upon such motion, the superior court shall be authorized to sit as a local criminal court to exercise the preliminary jurisdiction specified in subdivisions two and three of this section, and shall proceed and determine the motion as provided in section 210.43 of this chapter[; provided, however, that the exception provisions of paragraph (b) of subdivision one of such section 210.43 shall not apply when there is not reasonable cause to believe that the juvenile offender committed one or more of the crimes enumerated therein, and in such event the provisions of paragraph (a) thereof shall apply].
§ 3. Subdivisions (a), (b) and (c) of section 190.71 of the criminal procedure law, subdivision (a) as amended by chapter 7 of the laws of 2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of 1978, are amended to read as follows:
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(a) Except as provided in subdivision six of section 200.20 of this chapter, a grand jury may not indict (i) a person thirteen years of age for any conduct or crime other than conduct constituting a crime defined in subdivisions one and two of section 125.25 (murder in the second degree) or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; (ii) a person fourteen [or], fifteen, sixteen or seventeen years of age for any conduct or crime other than conduct constituting a crime defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; [subdivision four of section 265.02 of the penal law, where such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 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; or defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law.
(b) A grand jury may vote to file a request to remove a charge to the family court if it finds that a person thirteen, fourteen [or], fifteen, sixteen or seventeen years of age did an act which, if done by a person over the age of [sixteen] eighteen, would constitute a crime provided (1) such act is one for which it may not indict; (2) it does not indict such person for a crime; and (3) the evidence before it is legally sufficient to establish that such person did such act and competent and admissible evidence before it provides reasonable cause to believe that such person did such act.
(c) Upon voting to remove a charge to the family court pursuant to subdivision (b) of this section, the grand jury must, through its foreman or acting foreman, file a request to transfer such charge to the family court. Such request shall be filed with the court by which it was impaneled. It must (1) allege that a person named therein did any act which, if done by a person over the age of [sixteen] eighteen, would constitute a crime; (2) specify the act and the time and place of its commission; and (3) be signed by the foreman or the acting foreman.
§ 4. Subdivision 6 of section 200.20 of the criminal procedure law, as added by chapter 136 of the laws of 1980, is amended to read as follows:
6. Where an indictment charges at least one offense against a defendant who was under the age of [sixteen] eighteen at the time of the commission of the crime and who did not lack criminal responsibility for such crime by reason of infancy, the indictment may, in addition, charge in separate counts one or more other offenses for which such person would not have been criminally responsible by reason of infancy, if:
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(a) the offense for which the defendant is criminally responsible and the one or more other offenses for which he would not have been criminally responsible by reason of infancy are based upon the same act or upon the same criminal transaction, as that term is defined in subdivision two of section 40.10 of this chapter; or
(b) the offenses are of such nature that either proof of the first offense would be material and admissible as evidence in chief upon a trial of the second, or proof of the second would be material and admissible as evidence in chief upon a trial of the first.
§ 5. Subdivision 5 of section 210.20 of the criminal procedure law, as added by chapter 136 of the laws of 1980, is amended to read as follows:
5. If the court dismisses one or more counts of an indictment, against a defendant who was under the age of [sixteen] eighteen at the time of the commission of the crime and who did not lack criminal responsibility for such crime by reason of infancy, and one or more other counts of the indictment having been joined in the indictment solely with the dismissed count pursuant to subdivision six of section 200.20 is not dismissed, the court must direct that such count be removed to the family court in accordance with article seven hundred twenty-five of this chapter.
§ 6. Paragraph (b) of subdivision 1 of section 210.43 of the criminal procedure law, as amended by chapter 264 of the laws of 2003, is amended to read as follows:
(b) [with the consent of the district attorney,] order removal of an action involving an indictment charging a juvenile offender with murder in the second degree as defined in section 125.25 of the penal law; rape in the first degree, as defined in subdivision one of section 130.35 of the penal law; criminal sexual act in the first degree, as defined in subdivision one of section 130.50 of the penal law; or an armed felony as defined in paragraph (a) of subdivision forty-one of section 1.20, to the family court pursuant to the provisions of article seven hundred twenty-five of this chapter if the court finds one or more of the following factors: (i) mitigating circumstances that bear directly upon the manner in which the crime was committed; (ii) where the defendant was not the sole participant in the crime, the defendant's participation was relatively minor although not so minor as to constitute a defense to the prosecution; or (iii) possible deficiencies in the proof of the crime, and, after consideration of the factors set forth in subdivision two of this section, the court determined that removal of the action to the family court would be in the interests of justice.
§ 7. Subparagraphs (i), (iii) and the second undesignated paragraph of paragraph (g) of subdivision 5 of section 220.10 of the criminal procedure law, subparagraph (i) as amended by chapter 410 of the laws of 1979, subparagraph (iii) as amended by chapter 264 of the laws of 2003 and the second undesignated paragraph as amended by chapter 920 of the laws of 1982, are amended to read as follows:
(i) If the indictment charges a person fourteen [or] fifteen, sixteen or seventeen years old with the crime of murder in the second degree any plea of guilty entered pursuant to subdivision three or four must be a plea of guilty of a crime for which the defendant is criminally responsible;
(iii) Where the indictment does not charge a crime specified in subparagraph (i) of this paragraph, the district attorney may recommend removal of the action to the family court. Upon making such recommendation the district attorney shall submit a subscribed memorandum setting forth: (1) a recommendation that the interests of justice would best be
S. 4121 5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, the executive law, the family court act and the penal law, in relation to raising the age of adult criminal responsibility from sixteen to eighteen so that youth who are charged with a crime may be treated in a more age appropriate manner; and to repeal certain provisions of the criminal procedure law, relating thereto
Purpose or general idea of bill
The bill amends and enacts various provisions of law to raise the age of adult criminal responsibility from sixteen to eighteen so that youth who are charged with a crime may be treated in a more age appropriate manner. The changes implemented in the bill reflect the evidence that the current system has not been effective in deterring and preventing future crime, while maintaining a mechanism that youth, on a case by case basis, may be tried in adult criminal court when the circumstances warrant.
Summary of specific provisions
Sections one through fifteen amend the Criminal Procedure Law. These amendments make conforming changes necessary to raise the age of adult criminal responsibility in New York from 16 years of age to 18 years of age. Section one provides that a youth age 13, 14 or 15 may still be prosecuted for certain serious crimes as a "juvenile offender" in adult court; amendments provide that 16 and 17 year olds charged with these crimes, now charged as adults, would be subject to prosecution as "juvenile offenders" in adult court, with the option to be "waived down," in appropriate circumstances, by court order to Family Court.
Read the full memo (1,472 words)
Section nine amends CPL § 330.25 concerning removal after verdict to the Family Court The amended statute would allow the adult court to order post-verdict removal to the Family Court -- except where the 13 - 17 year old stands convicted of murder after hearing from the parties, but would not require prosecutorial consent.
Sections eleven through thirteen make related changes to CPL Art. 725 regarding "youthful offender" adjudications. These changes raise from nineteen to twenty the maximum age at which an eligible youth may have a youthful offender adjudication substituted for an eligible conviction in the adult court.
Section fourteen creates a new Article 726 of the Criminal Procedure Law, "Removal of Proceedings Against an Alleged Juvenile Delinquent from Family Court to a Superior Court" Under the bill, "juvenile offender" proceedings against children age 13-15 would originate in Family Court and be subject to a court-ordered "waiver up" to adult court. This brief new article provides procedures for the adult court to follow when such a "waiver up" to adult court has been ordered. To assure that the transferred proceeding will be handled promptly by a court of record, the case upon transfer will be heard by a superior court (i.e., County Court or Supreme Court).
Sections fifteen and sixteen amend the Executive Law to authorize juvenile detention centers and facilities maintained by the Office of Children and Family Services to maintain custody of youths under age eighteen.
Sections seventeen through twenty-five amend Article Three of the Family Court Act. These changes include: (a) providing that all charges against 13-15 year olds will originate in Family Court subject, in the case of "juvenile offender" crimes, to a court-ordered "waiver up" to adult court; (b) authorizing the Family Court to hear, by original petition charges alleging crimes and offenses that are not "juvenile offenses" and are brought against persons who were 16 or 17 years of age at the time of the alleged unlawful acts; (c)authorizing the Family Court to hear "juvenile offender" cases against 16 and 17 year olds waived down ("removed") from adult court, in the same mariner that Court may presently hear removed and original cases against 13-15 year olds; and (d) authorizing the Family Court to impose fines, surcharges and driver license sanctions against youths under age 18 in the same manner as may presently be done by the adult courts. Bill section seventeen provides for the designation of one or more "violation and traffic infraction parts" where such cases involving youths could be heard in the Family Court.
Bill sections twenty-six through thirty-two make conforming changes to the Penal Law. These amendments include: (a) providing a defense of infancy in the adult courts except for (i) "juvenile offender" proceedings against 16-17 year olds; and (ii) "juvenile offender" proceedings against 13-15 year olds whose cases have been removed to the adult court from the Family Court; and (b) maintaining maximum indeterminate sentences, including available life sentences, for 16-17 year olds but adjusting minimum indeterminate terms and non-class provisions to conform to those currently applicable to 13-15 year olds
Section thirty-two is the severability clause; section thirty-three provides that the bill will take effect eighteen months after it is signed into law.
Justification
New York is one of only two states (New York and North Carolina) to mandate that all youth aged sixteen and seventeen, charged with any offense, be prosecuted and sentenced in adult criminal court. While many other states have reconsidered this issue in light of new evidence on child development and cognitive thinking (including North Carolina which has taken steps to begin the process of reform), New York's very young age of adult responsibility has remained unchanged for decades. Additionally, youth as young as thirteen or fourteen in some cases are tried in the adult criminal court system under New York's "Juvenile Offender" law.
Several studies have shown that treating minors as adults in the criminal justice system is often counterproductive in rehabilitating the youth and ineffective in preventing future criminal acts. Research has shown that children's brains do not fully develop until after the age of eighteen, and youths who engage in criminal conduct often do not have the same level of understanding of their actions as adults.
In 2005, the United States Supreme Court ruled that states may not impose the death penalty for crimes committed by persons under the age of eighteen, citing evidence that minors are less mentally culpable for their actions than adults and further, that minors have a greater chance of rehabilitation. Additionally, studies have shown that the penalties and longer sentences often imposed by adult criminal Courts do not reduce the recidivism rate of youth who commit crimes, compared to similarly situated youth who are adjudicated in a juvenile court system. The services and alternative to detention programs available in Family Court can help meet the specific needs of each youth, including treatment for mental health and substance abuse, often at lower cost.
There are significant and sometimes lifelong implications for young people adjudicated in the criminal court system, which extend into the areas of education and employment, including earning potential. Only about one-third of young adults returning from prison in New York return to school, and studies have shown that those who do not have a high school diploma are more likely to be unemployed and more likely to be recipients of public assistance. Further, the ability to obtain and keep employment can be difficult for those with criminal records. Additionally, studies have shown that youth who were adjudicated in the criminal Court system see a much lower earning potential than youth who were adjudicated in the juvenile court system.
In addition to potentially improving the lives and future of New York's troubled youth, the state could also realize real cost savings in treating many of those under the age of eighteen as juveniles as opposed to treating all persons sixteen and older as adults. Many states that have shifted younger persons out of criminal court and into the juvenile or family court system have seen tremendous savings due in part to the lower cost of community-based alternatives, as well as the reduced recidivism rate of these youth. Of course, fewer victims in the future also means a safer society, and less spending on victim services.
New York should adjust this aspect of its juvenile justice system to reflect the better understanding We now have of youth accused of crimes. We now know the potential that some of these youths have for redemption and the possibility to become productive members of society.
This bill preserves the jurisdiction of the adult courts to try persons 13, 14, 15, 16 or 17 years old for "juvenile offender" crimes. But for less serious crimes, and for "JO" crimes that can best be handled in Family Court, this bill brings about a necessary reform.
Prior legislative history
2011-2012: S.7020 - Died in Committee; 2013-2014: S.1409 Died in Committee
Fiscal implications
There will be additional costs to the Family Court but these will be offset by savings in the criminal courts.
Effective date
This act shall take effect 18 months after it shall have become a law.
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