New York A 9316: Relates to the removal of adolescent offenders to family court; and relates to jurisdiction of family court

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A09316 Summary:

BILL NOA09316A

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SAME ASSAME AS S08531-A

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SPONSORBeephan

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COSPNSRSlater, Angelino, Chludzinski

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MLTSPNSR

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Amd §§722.23, 722.21, 722.22 & 1.20, CP L; amd §302.1, Fam Ct Act

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Limits the circumstances under which the case of an adolescent offender may be removed to family court; limits the jurisdiction of family court with respect to certain repeat adolescent offenders.

Go to top A09316 Actions:

BILL NOA09316A

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12/10/2025referred to codes

01/07/2026referred to codes

01/15/2026amend and recommit to codes

01/15/2026print number 9316a

Go to topA09316 Committee&nbspVotes:

Go to topA09316 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09316 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9316--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 December 10, 2025
 ___________

 Introduced by M. of A. BEEPHAN, SLATER, ANGELINO -- read once and
 referred to the Committee on Codes -- recommitted to the Committee on
 Codes in accordance with Assembly Rule 3, sec. 2 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (c) of subdivision 2 of section 722.23 of the
 2 criminal procedure law, as added by section 1-a of part WWW of chapter
 3 59 of the laws of 2017, subparagraph (iii) as amended by section 1 of
 4 part AA of chapter 55 of the laws of 2024, is amended to read as
 5 follows:
 6 (c) The court shall order the action to proceed in accordance with
 7 subdivision one of this section unless, after reviewing the papers and
 8 hearing from the parties, the court determines in writing that the
 9 district attorney proved by a preponderance of the evidence one or more
 10 of the following as set forth in the accusatory instrument:
 11 (i) the defendant caused significant physical injury to a person other
 12 than a participant in the offense; or
 13 (ii) the defendant illegally used, possessed, or displayed a firearm,
 14 shotgun, rifle or deadly weapon as defined in the penal law [in further-
 15 ance of such offense]; or
 16 (iii) the defendant unlawfully engaged in vaginal sexual contact, oral
 17 sexual contact, anal sexual contact, or sexual contact as defined in
 18 section 130.00 of the penal law[.]; or
 19 (iv) the defendant has previously been arrested for a felony that was
 20 removed to family court.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13707-04-6

 A. 9316--A 2

 1 § 2. Subdivision 5 of section 722.21 of the criminal procedure law, as
 2 amended by chapter 23 of the laws of 2024, is amended to read as
 3 follows:
 4 5. Notwithstanding subdivisions two and three of this section, at the
 5 request of the district attorney, the court shall order removal of an
 6 action against an adolescent offender charged with an offense listed in
 7 paragraph (a) of subdivision two of section 722.23 of this article, to
 8 the family court pursuant to the provisions of article seven hundred
 9 twenty-five of this title and upon consideration of the criteria speci-
 10 fied in subdivision two of section 722.22 of this article, it is deter-
 11 mined that to do so would be in the interests of justice. Where, howev-
 12 er, the felony complaint charges the adolescent offender with murder in
 13 the second degree as defined in section 125.25 of the penal law, rape in
 14 the first degree as defined in paragraph (a) of subdivision one, para-
 15 graph (a) of subdivision two and paragraph (a) of subdivision three of
 16 section 130.35 of the penal law, rape in the first degree as formerly
 17 defined in subdivision one of section 130.35 of the penal law, a crime
 18 formerly defined in subdivision one of section 130.50 of the penal law,
 19 or an armed felony as defined in paragraph (a) of subdivision forty-one
 20 of section 1.20 of this chapter, or where the defendant has previously
 21 be