Grand jury; direction to file request for removal to family court

§ 190.71 Grand jury; direction to file request for removal to family

court.

* (a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct
constituting a crime defined in subdivisions one and two of section
125.25 (murder in the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is one
for which such person is criminally responsible; 135.25 (kidnapping in
the first degree); 150.20 (arson in the first degree); subdivisions one
and two of section 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); subdivisions one and two of section
130.35 (rape in the first degree); subdivisions one and two of section
130.50 (criminal sexual act in the first degree); 130.70 (aggravated
sexual abuse in the first degree); 140.30 (burglary in the first
degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; subdivision four of section 265.02 of the
penal law, where such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law; or section 265.03 of the penal law, where such machine gun or such
firearm is possessed on school grounds, as that phrase is defined in
subdivision fourteen of section 220.00 of the penal law; or defined in
the penal law as an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law.

* NB Effective until September 1, 2024

* (a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than conduct constituting a crime defined
in subdivisions one and two of section 125.25 (murder in the second
degree) or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (ii) a person fourteen or
fifteen years of age for any conduct or crime other than conduct
constituting a crime defined in subdivisions one and two of section
125.25 (murder in the second degree) and in subdivision three of such
section provided that the underlying crime for the murder charge is one
for which such person is criminally responsible; 135.25 (kidnapping in
the first degree); 150.20 (arson in the first degree); subdivisions one
and two of section 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); paragraphs (a) and (b) of
subdivision one, paragraphs (a) and (b) of subdivision two and
paragraphs (a) and (b) of subdivision three of section 130.35 (rape in
the first degree); former subdivisions one and two of section 130.35
(rape in the first degree); subdivisions one and two of former section
130.50; 130.70 (aggravated sexual abuse in the first degree); 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law; or defined in the penal law as an
attempt to commit murder in the second degree or kidnapping in the first
degree, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law.

* NB Effective September 1, 2024

(b) A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person sixteen, or commencing October
first, two thousand nineteen, seventeen years of age or younger did an
act which, if done by a person over the age of sixteen, or commencing
October first, two thousand nineteen, seventeen, would constitute a
crime provided (1) such act is one for which it may not indict; (2) it
does not indict such person for a crime; and (3) the evidence before it
is legally sufficient to establish that such person did such act and
competent and admissible evidence before it provides reasonable cause to
believe that such person did such act.

(c) Upon voting to remove a charge to the family court pursuant to
subdivision (b) of this section, the grand jury must, through its
foreman or acting foreman, file a request to transfer such charge to the
family court. Such request shall be filed with the court by which it was
impaneled. It must (1) allege that a person named therein did any act
which, if done by a person over the age of sixteen, would constitute a
crime; (2) specify the act and the time and place of its commission; and
(3) be signed by the foreman or the acting foreman.

(d) Upon the filing of such grand jury request, the court must, unless
such request is improper or insufficient on its face, issue an order
approving such request and direct that the charge be removed to the
family court in accordance with the provisions of article seven hundred
twenty-five of this chapter.