STATE OF NEW YORK ________________________________________________________________________ 4705 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. BARCLAY, GANDOLFO, WALSH, ANGELINO, SMULLEN, PALMESANO, DURSO, GALLAHAN, DeSTEFANO, HAWLEY, MORINELLO, BENDETT, MANKTELOW, REILLY, GRAY, MIKULIN, TANNOUSIS, TAGUE, SIMPSON, E. BROWN, SLATER, RA, BEEPHAN, NOVAKHOV, FRIEND, BLUMENCRANZ, LEMONDES, MILLER, K. BROWN, GIGLIO, FITZPATRICK, MAHER, BROOK-KRASNY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to the use of records and information in the family court; and to repeal certain provisions of the criminal procedure law relat- ing thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (d) and (f) of subdivision 1 of section 722.23 2 of the criminal procedure law, as added by section 1-a of part WWW of 3 chapter 59 of the laws of 2017, are amended to read as follows: 4 (d) The court shall deny the motion to prevent removal of the action 5 in youth part unless the court makes a determination upon receiving and 6 considering the records and information on file with the family court 7 and upon such motion by the district attorney that [extraordinary] one 8 or more circumstances exist that should prevent the transfer of the 9 action to family court including, but not limited to: 10 (i) the defendant caused serious physical injury or death to a person 11 other than a participant in the offense; or 12 (ii) the defendant displayed or displayed what appeared to be a 13 firearm, shotgun, rifle or deadly weapon as defined in the penal law in 14 furtherance of such offense; or 15 (iii) the defendant possessed a firearm or weapon as prescribed in 16 article two hundred sixty-five or article four hundred ninety of the 17 penal law; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05144-01-5
A. 4705 2 1 (iv) the defendant unlawfully engaged in sexual intercourse, oral 2 sexual conduct, anal sexual conduct or sexual contact as defined in 3 section 130.00 of the penal law. 4 (f) For the purposes of this section, [there shall be a presumption 5 against custody and] case planning services shall be made available to 6 the defendant. 7 § 2. Paragraphs (c), (d) and (e) of subdivision 2 of section 722.23 of 8 the criminal procedure law, as added by section 1-a of part WWW of chap- 9 ter 59 of the laws of 2017 and subparagraph (iii) of paragraph (c) as 10 amended by section 1 of part AA of chapter 55 of the laws of 2024, are 11 amended to read as follows: 12 (c) The court shall order the action to [proceed in accordance with 13 subdivision one of this section] remain in youth part unless, after 14 reviewing the papers and hearing from the parties, the court determines 15 in writing that [the district attorney proved by a preponderance of the 16 evidence one or more of the following as set forth in the accusatory 17 instrument: 18 (i) the defendant caused significant physical injury to a person other 19 than a participant in the offense; or 20 (ii) the defendant displayed a firearm, shotgun, rifle or deadly weap- 21 on as defined in the penal law in furtherance of such offense; or 22 (iii) the defendant unlawfully engaged in vaginal sexual contact, oral 23 sexual contact, anal sexual contact, or sexual contact as defined in 24 section 130.00 of the penal law. 25 (d) Where the court makes a determination that the action shall not 26 proceed in accordance with subdivision one of this section, such] all 27 parties agree that the action may be removed to family court in accord- 28 ance with subdivision five of section 722.21 of this article. Such 29 determination shall be made in writing [or] and on the record and shall 30 include findings of fact and to the extent practicable conclusions of 31 law. 32 [(e)] (d) Nothing in this subdivision shall preclude, and the court 33 may order, the removal of an action to family court where all parties 34 agree or pursuant to this chapter. 35 § 3. Section 725.15 of the criminal procedure law is REPEALED. 36 § 4. Subdivision 4 of section 350.3 of the family court act, as added 37 by section 70-a of part WWW of chapter 59 of the laws of 2017, is 38 amended to read as follows: 39 4. The victim has the right to make a statement with regard to any 40 matter relevant to the question of disposition. If the victim chooses to 41 make a statement, such individual shall notify the court at least ten 42 days prior to the date of the dispositional hearing. The court shall 43 notify the respondent no less than seven days prior to the dispositional 44 hearing of the victim's intent to make a statement. The victim shall 45 [not] be made aware of the final disposition of the case. 46 § 5. Section 381.2 of the family court act, as added by chapter 920 of 47 the laws of 1982 and subdivision 2 as amended by chapter 926 of the laws 48 of 1982, is amended to read as follows: 49 § 381.2. Use of records in other courts. [1. Neither the fact that a 50 person was before the family court under this article for a hearing nor 51 any confession, admission or statement made by him to the court or to 52 any officer thereof in any stage of the proceeding is admissible as 53 evidence against him or his interests in any other court. 54 2. Notwithstanding the provisions of subdivision one, another] Another 55 court[, in imposing sentence upon an adult after conviction] may receive 56 and consider the records and information on file with the family court,
A. 4705 3 1 unless such records and information have been sealed pursuant to section 2 375.1. 3 § 6. Paragraph (b) of subdivision 2 of section 381.3 of the family 4 court act, as amended by chapter 926 of the laws of 1982, is amended to 5 read as follows: 6 (b) if the respondent is subsequently convicted of a crime or 7 arraigned pursuant to section 722.21 of the criminal procedure law, to a 8 judge of the court in which [he] such respondent was convicted, unless 9 such record has been sealed pursuant to section 375.1. 10 § 7. Paragraph (g-1) of subdivision 5 of section 220.10 of the crimi- 11 nal procedure law, as added by chapter 809 of the laws of 2021, is 12 amended to read as follows: 13 (g-1) Where a defendant is an adolescent offender, the provisions of 14 paragraphs (a), (b), (c) and (d) of this subdivision shall [not] apply. 15 Where the plea is to an offense constituting a misdemeanor, the plea 16 shall be deemed replaced by an order of fact-finding in a juvenile 17 delinquency proceeding, pursuant to section 346.1 of the family court 18 act, and the action shall be removed to the family court in accordance 19 with article seven hundred twenty-five of this chapter. Where the plea 20 is to an offense constituting a felony, the court may remove the action 21 to the family court in accordance with section 722.23 and article seven 22 hundred twenty-five of this chapter. 23 § 8. This act shall take effect on the ninetieth day after it shall 24 have become a law.