A 5637: Expands juvenile offender status to include rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree and aggravated sexual abuse in the third degree if committed by persons thirteen, fourteen or fifteen years of age.

  
  STATE OF NEW YORK ________________________________________________________________________ 5637 2025-2026 Regular Sessions  IN ASSEMBLY February 18, 2025 ___________ Introduced by M. of A. SEMPOLINSKI -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the penal law and the family court act, in relation to providing juvenile offender status to persons thirteen, fourteen or fifteen years of age who have committed certain sex offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 42 of section 1.20 of the criminal procedure 2 law, as amended by chapter 23 of the laws of 2024, is amended to read as 3 follows: 4 42. "Juvenile offender" means (1) a person, thirteen years old who is 5 criminally responsible for acts constituting murder in the second degree 6 as defined in subdivisions one and two of section 125.25 of the penal 7 law[,]; subdivisions one and two of section 130.35 (rape in the first 8 degree); section 130.70 (aggravated sexual abuse in the first degree) of 9 the penal law; or such conduct as a sexually motivated felony, where 10 authorized pursuant to section 130.91 of the penal law; and (2) a person 11 fourteen or fifteen years old who is criminally responsible for acts 12 constituting the crimes defined in subdivisions one and two of section 13 125.25 (murder in the second degree) and in subdivision three of such 14 section provided that the underlying crime for the murder charge is one 15 for which such person is criminally responsible; section 135.25 (kidnap- 16 ping in the first degree); 150.20 (arson in the first degree); subdivi- 17 sions one and two of section 120.10 (assault in the first degree); 18 125.20 (manslaughter in the first degree); paragraphs (a) and (b) of 19 subdivision one, paragraphs (a) and (b) of subdivision two and para- 20 graphs (a) and (b) of subdivision three of section 130.35 (rape in the 21 first degree); former subdivisions one and two of section 130.35 (rape 22 in the first degree); subdivisions one and two of former section 130.50; 23 section 130.66 (aggravated sexual abuse in the third degree); section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08558-01-5 
 A. 5637 2 1 130.67 (aggravated sexual abuse in the second degree); 130.70 (aggra- 2 vated sexual abuse in the first degree); 140.30 (burglary in the first 3 degree); subdivision one of section 140.25 (burglary in the second 4 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 5 first degree); subdivision two of section 160.10 (robbery in the second 6 degree) of the penal law; or section 265.03 of the penal law, where such 7 machine gun or such firearm is possessed on school grounds, as that 8 phrase is defined in subdivision fourteen of section 220.00 of the penal 9 law; or defined in the penal law as an attempt to commit murder in the 10 second degree or kidnapping in the first degree, or such conduct as a 11 sexually motivated felony, where authorized pursuant to section 130.91 12 of the penal law. 13 § 2. Subdivision (a) of section 190.71 of the criminal procedure law, 14 as amended by chapter 23 of the laws of 2024, is amended to read as 15 follows: 16 (a) Except as provided in subdivision six of section 200.20 of this 17 chapter, a grand jury may not indict (i) a person thirteen years of age 18 for any conduct or crime other than conduct constituting a crime defined 19 in subdivisions one and two of section 125.25 (murder in the second 20 degree); subdivisions one and two of section 130.35 (rape in the first 21 degree); section 130.70 (aggravated sexual abuse in the first degree); 22 or such conduct as a sexually motivated felony, where authorized pursu- 23 ant to section 130.91 of the penal law; (ii) a person fourteen or 24 fifteen years of age for any conduct or crime other than conduct consti- 25 tuting a crime defined in subdivisions one and two of section 125.25 26 (murder in the second degree) and in subdivision three of such section 27 provided that the underlying crime for the murder charge is one for 28 which such person is criminally responsible; 135.25 (kidnapping in the 29 first degree); 150.20 (arson in the first degree); subdivisions one and 30 two of section 120.10 (assault in the first degree); 125.20 (manslaught- 31 er in the first degree); paragraphs (a) and (b) of subdivision one, 32 paragraphs (a) and (b) of subdivision two and paragraphs (a) and (b) of 33 subdivision three of section 130.35 (rape in the first degree); former 34 subdivisions one and two of section 130.35 (rape in the first degree); 35 subdivisions one and two of former section 130.50; section 130.66 36 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 37 vated sexual abuse in the second degree); 130.70 (aggravated sexual 38 abuse in the first degree); 140.30 (burglary in the first degree); 39 subdivision one of section 140.25 (burglary in the second degree); 40 150.15 (arson in the second degree); 160.15 (robbery in the first 41 degree); subdivision two of section 160.10 (robbery in the second 42 degree) of the penal law; or section 265.03 of the penal law, where such 43 machine gun or such firearm is possessed on school grounds, as that 44 phrase is defined in subdivision fourteen of section 220.00 of the penal 45 law; or defined in the penal law as an attempt to commit murder in the 46 second degree or kidnapping in the first degree, or such conduct as a 47 sexually motivated felony, where authorized pursuant to section 130.91 48 of the penal law. 49 § 3. Subdivision 18 of section 10.00 of the penal law, as amended by 50 chapter 7 of the laws of 2007 and paragraph 2 as amended by chapter 23 51 of the laws of 2024, is amended to read as follows: 52 18. "Juvenile offender" means (1) a person thirteen years old who is 53 criminally responsible for acts constituting murder in the second degree 54 as defined in subdivisions one and two of section 125.25 of this 55 chapter; subdivisions one and two of section 130.35 (rape in the first 56 degree); section 130.70 (aggravated sexual abuse in the first degree) of 
 A. 5637 3 1 this chapter; or such conduct as a sexually motivated felony, where 2 authorized pursuant to section 130.91 of [the penal law] this chapter; 3 and 4 (2) a person fourteen or fifteen years old who is criminally responsi- 5 ble for acts constituting the crimes defined in subdivisions one and two 6 of section 125.25 (murder in the second degree) and in subdivision three 7 of such section provided that the underlying crime for the murder charge 8 is one for which such person is criminally responsible; section 135.25 9 (kidnapping in the first degree); 150.20 (arson in the first degree); 10 subdivisions one and two of section 120.10 (assault in the first 11 degree); 125.20 (manslaughter in the first degree); paragraphs (a) and 12 (b) of subdivision one, paragraphs (a) and (b) of subdivision two, and 13 paragraphs (a) and (b) of subdivision three of section 130.35 (rape in 14 the first degree); former subdivisions one and two of section 130.35 15 (rape in the first degree); subdivisions one and two of the former 16 section 130.50; section 130.66 (aggravated sexual abuse in the third 17 degree); section 130.67 (aggravated sexual abuse in the second degree); 18 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary 19 in the first degree); subdivision one of section 140.25 (burglary in the 20 second degree); 150.15 (arson in the second degree); 160.15 (robbery in 21 the first degree); subdivision two of section 160.10 (robbery in the 22 second degree) of this chapter; or section 265.03 of this chapter, where 23 such machine gun or such firearm is possessed on school grounds, as that 24 phrase is defined in subdivision fourteen of section 220.00 of this 25 chapter; or defined in this chapter as an attempt to commit murder in 26 the second degree or kidnapping in the first degree, or such conduct as 27 a sexually motivated felony, where authorized pursuant to section 130.91 28 of this chapter. 29 § 4. Subdivision 2 of section 30.00 of the penal law, as amended by 30 chapter 23 of the laws of 2024, is amended to read as follows: 31 2. A person thirteen, fourteen or, fifteen years of age is criminally 32 responsible for acts constituting murder in the second degree as defined 33 in subdivisions one and two of section 125.25 and in subdivision three 34 of such section provided that the underlying crime for the murder charge 35 is one for which such person is criminally responsible or for such 36 conduct as a sexually motivated felony, where authorized pursuant to 37 section 130.91 of this chapter; a person thirteen years of age is crimi- 38 nally responsible for acts constituting the crimes defined in subdivi- 39 sions one and two of section 130.35 (rape in the first degree); and 40 section 130.70 (aggravated sexual abuse in the first degree) of this 41 chapter; and a person fourteen or, fifteen years of age is criminally 42 responsible for acts constituting the crimes defined in section 135.25 43 (kidnapping in the first degree); 150.20 (arson in the first degree); 44 subdivisions one and two of section 120.10 (assault in the first 45 degree); 125.20 (manslaughter in the first degree); paragraphs (a) and 46 (b) of subdivision one, paragraphs (a) and (b) of subdivision two and 47 paragraphs (a) and (b) of subdivision three of section 130.35 (rape in 48 the first degree); former subdivisions one and two of section 130.35 49 (rape in the first degree); subdivisions one and two of former section 50 130.50; section 130.66 (aggravated sexual abuse in the third degree); 51 section 130.67 (aggravated sexual abuse in the second degree); 130.70 52 (aggravated sexual abuse in the first degree); 140.30 (burglary in the 53 first degree); subdivision one of section 140.25 (burglary in the second 54 degree); 150.15 (arson in the second degree); 160.15 (robbery in the 55 first degree); subdivision two of section 160.10 (robbery in the second 56 degree) of this chapter; or section 265.03 of this chapter, where such 
 A. 5637 4 1 machine gun or such firearm is possessed on school grounds, as that 2 phrase is defined in subdivision fourteen of section 220.00 of this 3 chapter; or defined in this chapter as an attempt to commit murder in 4 the second degree or kidnapping in the first degree, or for such conduct 5 as a sexually motivated felony, where authorized pursuant to section 6 130.91 of this chapter. 7 § 5. Subdivision 8 of section 301.2 of the family court act, as 8 amended by chapter 38 of the laws of 2022, is amended to read as 9 follows: 10 8. "Designated felony act" means an act which, if done by an adult, 11 would be a crime: (i) defined in sections 125.27 (murder in the first 12 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the 13 first degree); or 150.20 (arson in the first degree) of the penal law 14 committed by a person thirteen, fourteen, fifteen, sixteen, or seventeen 15 years of age; or such conduct committed as a sexually motivated felony, 16 where authorized pursuant to section 130.91 of the penal law; (ii) 17 defined in sections 120.10 (assault in the first degree); 125.20 18 (manslaughter in the first degree); 130.35 (rape in the first degree); 19 130.50 (criminal sexual act in the first degree); 130.66 (aggravated 20 sexual abuse in the third degree); 130.67 (aggressive sexual abuse in 21 the second degree); 130.70 (aggravated sexual abuse in the first 22 degree); 135.20 (kidnapping in the second degree) but only where the 23 abduction involved the use or threat of use of deadly physical force; 24 150.15 (arson in the second degree) or 160.15 (robbery in the first 25 degree) of the penal law committed by a person thirteen, fourteen, 26 fifteen, sixteen, or seventeen years of age; or such conduct committed 27 as a sexually motivated felony, where authorized pursuant to section 28 130.91 of the penal law; (iii) defined in the penal law as an attempt to 29 commit murder in the first or second degree or kidnapping in the first 30 degree committed by a person thirteen, fourteen, fifteen, sixteen, or 31 seventeen years of age; or such conduct committed as a sexually moti- 32 vated felony, where authorized pursuant to section 130.91 of the penal 33 law; (iv) defined in section 140.30 (burglary in the first degree); 34 subdivision one of section 140.25 (burglary in the second degree); 35 subdivision two of section 160.10 (robbery in the second degree) of the 36 penal law; or section 265.03 of the penal law, where such machine gun or 37 such firearm is possessed on school grounds, as that phrase is defined 38 in subdivision fourteen of section 220.00 of the penal law committed by 39 a person fourteen, fifteen, sixteen, or seventeen years of age; or such 40 conduct committed as a sexually motivated felony, where authorized 41 pursuant to section 130.91 of the penal law; (v) defined in section 42 120.05 (assault in the second degree) or 160.10 (robbery in the second 43 degree) of the penal law committed by a person fourteen, fifteen, 44 sixteen or seventeen years of age but only where there has been a prior 45 finding by a court that such person has previously committed an act 46 which, if committed by an adult, would be the crime of assault in the 47 second degree, robbery in the second degree or any designated felony act 48 specified in paragraph (i), (ii), or (iii) of this subdivision regard- 49 less of the age of such person at the time of the commission of the 50 prior act; (vi) other than a misdemeanor committed by a person at least 51 twelve but less than eighteen years of age, but only where there have 52 been two prior findings by the court that such person has committed a 53 prior act which, if committed by an adult, would be a felony. 54 § 6. This act shall take effect on the first of November next succeed- 55 ing the date on which it shall have become a law.