New York A 4705: Prohibits warehousing of housing accommodations and harassment of tenants; provides penalties therefor

Bill Text

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A04705 Summary:

BILL NOA04705 

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SAME ASNo Same As

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SPONSORBarclay

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COSPNSRGandolfo, Walsh, Angelino, Smullen, Palmesano, Durso, Gallahan, DeStefano, Hawley, Morinello,
 Bendett, Manktelow, Reilly, Gray, Mikulin, Tannousis, Tague, Simpson, Brown E, Slater, Ra, Beephan,
 Novakhov, Friend, Blumencranz, Lemondes, Miller, Brown K, Giglio, Fitzpatrick, Maher, Brook-Krasny,
 Molitor, Chludzinski, Blankenbush

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MLTSPNSR

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Amd §§722.23 & 220.10, rpld §725.15, CP L; amd §§350.3, 381.2 & 381.3, Fam Ct Act

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Relates to the use of records and information in the family court.

Go to top A04705 Actions:

BILL NOA04705 

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02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04705 Committee&nbspVotes:

Go to topA04705 Floor&nbspVotes:

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

Go to topA04705 Text:

 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 (