New York A 1836: Exempts certain expenditures relating to school safety from tax levy limits

Bill Text

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A01836 Summary:

BILL NOA01836 

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SAME ASNo Same As

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SPONSORPheffer Amato

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COSPNSRGriffin

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MLTSPNSR

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Amd §§722.23, 722.21 & 722.22, CP L; amd §§381.1, 381.3 & 302.2, Fam Ct Act

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Relates to the prosecution of certain juveniles between the ages of 16 and 18 charged with certain felony offenses, including possession of a firearm; relates to the transfer of such cases to family court.

Go to top A01836 Actions:

BILL NOA01836 

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01/14/2025referred to codes

01/07/2026referred to codes

Go to topA01836 Committee&nbspVotes:

Go to topA01836 Floor&nbspVotes:

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

Go to topA01836 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1836

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. PHEFFER AMATO -- 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 prosecution of certain juveniles charged with certain
 felony crimes and the handling of such cases

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

 1 Section 1. Section 722.23 of the criminal procedure law, as added by
 2 section 1-a of part WWW of chapter 59 of the laws of 2017, subparagraph
 3 (iii) of paragraph (c) of subdivision 2 as amended by section 1 of part
 4 AA of chapter 55 of the laws of 2024, is amended to read as follows:
 5 § 722.23 Removal of adolescent offenders to family court.
 6 1. (a) Following the arraignment of a defendant charged with a crime
 7 committed when [he or she] such defendant was sixteen[,] or [commencing
 8 October first, two thousand nineteen,] seventeen years of age, other
 9 than any class A felony except for those defined in article two hundred
 10 twenty of the penal law, a violent felony defined in section 70.02 of
 11 the penal law or a felony listed in paragraph one or two of subdivision
 12 forty-two of section 1.20 of this chapter, a felony in violation of
 13 article two hundred sixty-five of the penal law, or an offense set forth
 14 in the vehicle and traffic law, the court shall order the removal of the
 15 action to the family court in accordance with the applicable provisions
 16 of article seven hundred twenty-five of this title unless, within thirty
 17 calendar days of such arraignment, the district attorney makes a motion
 18 to prevent removal of the action pursuant to this subdivision. If the
 19 defendant fails to report to the probation department as directed, the
 20 thirty day time period shall be tolled until such time as [he or she]
 21 such defendant reports to the probation department.
 22 (b) A motion to prevent removal of an action in youth part shall be
 23 made in writing and upon prompt notice to the defendant. The motion
 24 shall contain allegations of sworn fact based upon personal knowledge of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04210-01-5

 A. 1836 2

 1 the affiant, and shall indicate if the district attorney is requesting a
 2 hearing. The motion shall be noticed to be heard promptly.
 3 (c) The defendant shall be given an opportunity to reply. The defend-
 4 ant shall be granted any reasonable request for a delay. Either party
 5 may request a hearing on the facts alleged in the motion to prevent
 6 removal of the action. The hearing shall be held expeditiously.
 7 (d) The court shall deny the motion to prevent removal of the action
 8 in youth part unless the court makes a determination upon such motion by
 9 the district attorney that extraordinary circumstances exist that should
 10 prevent the transfer of the action to family court.
 11 (e) The court shall make a determination in writing or on the record
 12 within five days of the conclusion of the hearing or submission by the
 13 defense, whichever is later. Such determination shall include findings
 14 of fact and to the extent practicable conclusions of law.
 15 (f) For the purposes of this section, there shall be a presumption
 16 against custody and case planning services shall be made available to
 17 the defendant.
 18 (g) Notwithstanding any other