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

New York § 190.71

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title I: Preliminary Proceedings In Superior Court
• Part 2: The Principal Proceedings
• Art. 190: The Grand Jury and Its Proceedings

Text

§ 190.71 Grand jury; direction to file request for removal to family\n court.\n (a) Except as provided in subdivision six of section 200.20 of this\nchapter, a grand jury may not indict (i) a person thirteen years of age\nfor any conduct or crime other than conduct constituting a crime defined\nin subdivisions one and two of section 125.25 (murder in the second\ndegree) or such conduct as a sexually motivated felony, where authorized\npursuant to section 130.91 of the penal law; (ii) a person fourteen or\nfifteen years of age for any conduct or crime other than conduct\nconstituting a crime defined in subdivisions one and two of section\n125.25 (murder in the second degree) and in subdivision three of such\nsection provided that the underlying crime for the murder charge is one\nfor which such person is criminally responsible; 135.25 (kidnapping in\nthe first degree); 150.20 (arson in the first degree); subdivisions one\nand two of section 120.10 (assault in the first degree); 125.20\n(manslaughter in the first degree); paragraphs (a) and (b) of\nsubdivision one, paragraphs (a) and (b) of subdivision two and\nparagraphs (a) and (b) of subdivision three of section 130.35 (rape in\nthe first degree); former subdivisions one and two of section 130.35\n(rape in the first degree); subdivisions one and two of former section\n130.50; 130.70 (aggravated sexual abuse in the first degree); 140.30\n(burglary in the first degree); subdivision one of section 140.25\n(burglary in the second degree); 150.15 (arson in the second degree);\n160.15 (robbery in the first degree); subdivision two of section 160.10\n(robbery in the second degree) of the penal law; or section 265.03 of\nthe penal law, where such machine gun or such firearm is possessed on\nschool grounds, as that phrase is defined in subdivision fourteen of\nsection 220.00 of the penal law; or defined in the penal law as an\nattempt to commit murder in the second degree or kidnapping in the first\ndegree, or such conduct as a sexually motivated felony, where authorized\npursuant to section 130.91 of the penal law.\n (b) A grand jury may vote to file a request to remove a charge to the\nfamily court if it finds that a person sixteen, or commencing October\nfirst, two thousand nineteen, seventeen years of age or younger did an\nact which, if done by a person over the age of sixteen, or commencing\nOctober first, two thousand nineteen, seventeen, would constitute a\ncrime provided (1) such act is one for which it may not indict; (2) it\ndoes not indict such person for a crime; and (3) the evidence before it\nis legally sufficient to establish that such person did such act and\ncompetent and admissible evidence before it provides reasonable cause to\nbelieve that such person did such act.\n (c) Upon voting to remove a charge to the family court pursuant to\nsubdivision (b) of this section, the grand jury must, through its\nforeman or acting foreman, file a request to transfer such charge to the\nfamily court. Such request shall be filed with the court by which it was\nimpaneled. It must (1) allege that a person named therein did any act\nwhich, if done by a person over the age of sixteen, would constitute a\ncrime; (2) specify the act and the time and place of its commission; and\n(3) be signed by the foreman or the acting foreman.\n (d) Upon the filing of such grand jury request, the court must, unless\nsuch request is improper or insufficient on its face, issue an order\napproving such request and direct that the charge be removed to the\nfamily court in accordance with the provisions of article seven hundred\ntwenty-five of this chapter.\n