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NY S08938
Bill
Status
4/1/2024
Primary Sponsor
Jessica Scarcella-Spanton
Click for details
AI Summary
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Amends Criminal Procedure Law Section 722.10 to grant judges in youth part access to all family court records, including previous juvenile delinquency proceedings, and requires these records be made available to parties before arraignment.
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Expands the definition of "extraordinary circumstances" in Section 722.23 to include cases where a defendant is accused of an offense involving use, possession, or display of a firearm, shotgun, rifle, or other deadly weapon.
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Allows courts to find extraordinary circumstances exist when a defendant has previously been convicted or adjudicated as a youthful, juvenile, or delinquent offender based on illegal use, possession, or display of a firearm, shotgun, rifle, or other deadly weapon.
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Modifies Section 722.23 to allow removal to family court only if the district attorney proves by preponderance of the evidence that the defendant used, possessed, or displayed a firearm, shotgun, rifle, or deadly weapon, removing the requirement that such weapon use be "in furtherance of" the offense.
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Takes effect immediately upon enactment.
Legislative Description
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.
Last Action
REFERRED TO CODES
4/1/2024