New York S 6326: Relates to proceedings involving adolescent offenders and the possession or use of weapons

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S06326 Summary:

BILL NOS06326 

&nbsp

SAME ASSAME AS A06325

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRMURRAY

&nbsp

MLTSPNSR

&nbsp

Amd §§722.10 & 722.23, CP L

&nbsp

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.

Go to top S06326 Actions:

BILL NOS06326 

&nbsp

03/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06326 Committee&nbspVotes:

Go to topS06326 Floor&nbspVotes:

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

Go to topS06326 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6326

 2025-2026 Regular Sessions

 IN SENATE

 March 10, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to proceedings
 involving adolescent offenders and the possession or use of weapons

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

 1 Section 1. Section 722.10 of the criminal procedure law is amended by
 2 adding a new subdivision 3 to read as follows:
 3 3. Notwithstanding any other law to the contrary, judges presiding in
 4 the youth part shall have access to all family court records, including
 5 records related to previous juvenile delinquency proceedings brought
 6 against the defendant. Any such relevant records shall be made available
 7 to the parties in the action before the youth part prior to arraignment
 8 in such action.
 9 § 2. Paragraph (d) of subdivision 1 of section 722.23 of the criminal
 10 procedure law, as added by section 1-a of part WWW of chapter 59 of the
 11 laws of 2017, is amended to read as follows:
 12 (d) The court shall deny the motion to prevent removal of the action
 13 in youth part unless the court makes a determination upon such motion by
 14 the district attorney that extraordinary circumstances exist that should
 15 prevent the transfer of the action to family court. For the purposes of
 16 this paragraph, the court may find extraordinary circumstances where the
 17 defendant is accused of an offense involving the use, possession, or
 18 display of a firearm, shotgun, rifle or other deadly weapon. Nothing in
 19 this section shall prevent the court from finding extraordinary circum-
 20 stances exist based upon a finding that the defendant has previously
 21 been convicted of an offense involving the illegal use, possession, or
 22 display of a firearm, shotgun, rifle or other deadly weapon or that the
 23 defendant was previously adjudicated as a youthful offender, juvenile
 24 offender or juvenile delinquent based upon an offense involving the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09601-01-5

 S. 6326 2

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