N.Y. Criminal Procedure Law § 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); 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.

(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.