Defense Brief Motion Bank

← All bills

NY A 05817 2025-2026 assembly

Enhances sentences for certain offenses involving weapons on or near school grounds; relates to the availability of certain records of juvenile delinquents or youthful offenders; exempts adolescent offenders who were illegally in possession of a loaded firearm from those authorized to be removed to family court.

First chamber Not law yet bank: queued

Not law yet. Pending legislation.

Official status checked 2026-10-21 23:46 PT

Buttenschon

Bill summary

Enhances sentences for certain offenses involving weapons on or near school grounds; relates to the availability of certain records of juvenile delinquents or youthful offenders; relates to annual earnings limitations for certain retired police officers employed by a school district or a board of cooperative educational services; adds a defendant's identifiable ties to the community and state to consideration for whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family; allows courts to hold a pre-trial community safety and well-being hearing; relates to the court's consideration of the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court; defines such terms; provides factors for the court's consideration of whether extraordinary circumstances exist; exempts adolescent offenders who were illegally in possession of a loaded firearm from those authorized to be removed to family court; modifies the crime of criminal solicitation in the third degree.

Now vs if chaptered

NOW: not law; no §70.11 bump and no loaded-firearm AO family-court bar. IF CHAPTERED: listed weapons offenses near school grounds sentenced at the bumped class; loaded-firearm AOs stay in criminal court.

Defender utility

NY PDs on school-zone weapons and adolescent-offender calendars: pending Assembly twin of the school-grounds sentence bump and loaded-firearm family-court bar, not present law. Do not apply §70.11 today. Senate twin S 06787. Not a California charge.

Who this is for. NY PDs on school-zone weapons and adolescent-offender calendars — pending Assembly twin of the sentence bump / family-court bar, not present law; not a California charge.

Exemptions (draft)

If chaptered: enhancement is place-based as drafted; AO family-court bar limited to illegal possession of a loaded firearm.

Penalties (if chaptered)

If chaptered: §70.11 class bumps matching S 06787. Not a current count.

A-05817 New-York school-grounds sentence-enhancement adolescent-offender loaded-firearm YO 70.11 S-06787-twin not-chaptered