A 6325: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 6325 2025-2026 Regular Sessions  IN ASSEMBLY March 4, 2025 ___________ Introduced by M. of A. GRIFFIN -- read once and referred to the Commit- tee 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 
 A. 6325 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 130.00 of the penal law. 20 § 4. This act shall take effect immediately.