Exempts adolescent offenders who displayed a shotgun, rifle or deadly weapon in furtherance of the underlying offense, or who were illegally in possession of a loaded firearm, from those authorized to be removed to family court.
Impact
If enacted, A01075 would modify existing statutes by making it clear that adolescent offenders who are illegally carrying loaded firearms would not receive the same legal treatment typically afforded to minors in family court. Instead, they would be subject to standard criminal processes which could result in harsher sentencing. This aligns with the state’s objectives to address rising firearm-related incidents among youth and may influence the way juvenile crime is handled in New York state.
Summary
Bill A01075 aims to amend the criminal procedure law specifically concerning adolescent offenders who are found to be illegally in possession of a loaded firearm. The proposed legislation seeks to exempt these offenders from being authorized for removal to family court, which could potentially lead to more severe consequences being applied through the criminal justice system. The text indicates a tightening of provisions around firearm possession, reflecting growing concerns regarding youth and gun violence.
Contention
Points of contention surrounding this bill could involve the ethical implications of treating juvenile offenders with potentially severe legal consequences. Critics may argue that this approach could undermine rehabilitative efforts that are typically characteristic of family court proceedings. There's a valid concern that the bill could disproportionately affect certain communities and young individuals who may not have access to appropriate support systems, thereby increasing their likelihood of entering a more punitive system rather than one focused on rehabilitation.
Relates to proceedings involving adolescent offenders and the possession or use of weapons; provides for the access of applicable records; expands the meaning of extraordinary circumstances to include when the defendant is accused of an offense involving the use, possession, or display of a firearm, shotgun, rifle or other deadly weapon.
Relates to proceedings involving adolescent offenders and the possession or use of weapons; provides for the access of applicable records; expands the meaning of extraordinary circumstances to include when the defendant is accused of an offense involving the use, possession, or display of a firearm, shotgun, rifle or other deadly weapon.
Relates to proceedings involving adolescent offenders and the possession or use of weapons; provides for the access of applicable records; expands the meaning of extraordinary circumstances to include when the defendant is accused of an offense involving the use, possession, or display of a firearm, shotgun, rifle or other deadly weapon.
Prohibits individuals adjudicated as youthful offenders for any offense listed under article one hundred twenty-five of the penal law, from possessing firearms, rifles and shotguns.