§ 302.1 — Jurisdiction

New York § 302.1

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction and Preliminary Procedures
• Art. 3: Juvenile Delinquency

Text

§ 302.1. Jurisdiction. 1. The family court has exclusive original\njurisdiction over any proceeding to determine whether a person is a\njuvenile delinquent.\n 2. In determining the jurisdiction of the court the age of such person\nat the time the delinquent act allegedly was committed is controlling.\n 3. With respect to a youth over sixteen and less than seventeen years\nof age or, a person over sixteen and less than eighteen years of age\ncommencing October first, two thousand nineteen, whenever a crime and a\nviolation arise out of the same transaction or occurrence, a charge\nalleging both offenses shall be made returnable before the court having\njurisdiction over the crime. Nothing herein provided shall be construed\nto prevent a court, having jurisdiction over a violation relating to a\ncriminal act from lawfully entering an order in accordance with section\n345.1 of this article where such order is not based upon the count or\ncounts of the petition alleging such criminal act.\n 4. Where a proceeding had been commenced in the youth part of a\nsuperior court for an act alleged to have been committed prior to his or\nher eighteenth birthday and then had been removed to family court, the\nfamily court shall exercise jurisdiction under this article,\nnotwithstanding the fact that the respondent may be over the age of\neighteen prior to the proceeding having commenced in the family court.\n