New York S 9871: Prohibits removal of adolescent offenders to family court in certain circumstances

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S09871 Summary:

BILL NOS09871 

&nbsp

SAME ASSAME AS A04161

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §722.23, CP L

&nbsp

Prohibits removal of an adolescent offender to family court where the defendant possessed a loaded firearm during the commission of the offense.

Go to top S09871 Actions:

BILL NOS09871 

&nbsp

04/09/2026REFERRED TO CODES

Go to topS09871 Committee&nbspVotes:

Go to topS09871 Floor&nbspVotes:

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

Go to topS09871 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9871

 IN SENATE

 April 9, 2026
 ___________

 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 prohibiting
 removal of adolescent offenders to family court in certain circum-
 stances

 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 amended by section 1-a of part WWW of chapter
 3 59 of the laws of 2017 and subparagraph (iii) of paragraph (c) of subdi-
 4 vision 2 as amended by section 1 part AA of chapter 55 of the laws of
 5 2024, is amended to read as 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 displayed a firearm, shotgun, rifle or deadly weap-
 14 on as defined in the penal law in furtherance of such offense; or
 15 (iii) the defendant possessed a loaded firearm as defined in subdivi-
 16 sion fifteen of section 265.00 of the penal law during the commission of
 17 the offense; or
 18 (iv) the defendant unlawfully engaged in vaginal sexual contact, oral
 19 sexual contact, anal sexual contact, or sexual contact as defined in
 20 section 130.00 of the penal law.
 21 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03353-01-5

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps