2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title I - Preliminary Proceedings in Superior Court › Article 190 - The Grand Jury and Its Proceedings › 190.71 - 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.