BUFFALO, N.Y. (WKBW) — New York State's Assembly Minority announced legislation to reform the state's Raise the Age law, which changed the age a child can be prosecuted as an adult from 16 years old to 18 years of age in criminal cases in New York State.
"We have to go back to being responsible for one's actions," said NYS Assemblyman Angelo Morinello (R). "There are no consequences anymore."
"We need to get more criminal court judges involved with restrictions not for punishment but for guidance," said Morinello.
"It’s all politics," said NYS Senator Sean Ryan in opposition. "The Republican minority thinks the future is in the rearview mirror. Trying to take New York State backward and put kids in prisons, that’s not the way to go it sort of just goes into fear-mongering."
The legislation introduced by Republican Assembly Minority Leader Will Barclay and the Minority Conference:
- Requires that any violent felony offense committed by an adolescent offender be maintained in youth-part criminal court, unless all parties agree to move the case to family court. The current violent felony provision is too narrow and omits several offenses like gang assault or criminal possession of a weapon.
- Includes and defines “circumstances” that would prevent a non-violent felony case from being moved to family court, should a district attorney prove one or more circumstances exist. The current “extraordinary circumstances” is too vague and is eliminated.
- Amends Criminal Procedure Law and Family Court Act to ensure judges, prosecutors, and defense counsels can access documents pertaining to arrests and juvenile delinquency proceedings.
- Requires a victim of a crime committed by a person under the age of 18 be notified of the outcome of a case.
Erie County District Attorney John Flynn said since the start of the pandemic there has been a dramatic increase in the number of juvenile suspects and victims involved in serious crimes.
In February, a 17-year-old was charged with bringing an illegal gun into Club Marcella in Buffalo. Investigators said that the gun was then used by someone else to shoot and kill a 21-year-old man who was inside the club that night. The teen’s case is being prosecuted by the county’s Raise the Age Division.
"There are mechanisms in place here in Erie County where we can put them in an accountable setting, but at the same time give them services that they need," explained Flynn. "In adult court you have probation and you have other services that are a little tougher than family court services, so it’s a matter of degrees."
Flynn said Raise the Age has helped teens, who are caught in low-level crimes, avoid the criminal justice system, but he said it's been difficult to hold accountable the juveniles who commit "middle of the road offenses." Those include gun possession charges, burglaries, and some robberies.
"I'm a big believer in tough love, and not a believer of throwing every kid in jail," explained Flynn. "For murderers and shooters, they got to go to jail obviously, but for those who are on that path to becoming a gang member, but aren’t there yet I want to stop their path and help them. Sometimes in order to help them it takes a little tough love."
Governor Kathy Hochul's Office told 7 News that the governor will review the legislation if it passes the state house and senate.
