Criminal Justice (Courts)

in committee · New York · Senate Jan 7, 2026

S 7352: Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses

This bill changes how child support non-payment cases are handled in court. It makes a defendant's inability to pay child support an argument they can raise (an "affirmative defense"), rather than requiring prosecutors to prove the defendant could pay as part of the crime itself. The law applies to both misdemeanor (second-degree) and felony (first-degree) cases for failing to support a child. However, this defense does not apply if the defendant voluntarily quit a job, reduced their income, or failed to seek work despite being able to do so. The bill shifts the legal burden in these cases but does not change the penalties for non-support.

Topics ✓ Criminal JusticeSupports Criminal JusticeShifts burden from prosecution to defendant in child support cases, preventing criminalization of poverty and aligning with reform goals to reduce unnecessary incarceration.85% confidence

Sub-Topics Courts

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in committee · New York · Assembly Jan 7, 2026

A 5817: Enhances sentences for certain offenses involving weapons on or near school grounds

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeEnhances sentences for weapon offenses near schools, increasing penalties which opposes criminal justice reform efforts to reduce harsh sentencing.95% confidence

Sub-Topics Courts Drug Policy Firearms

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in committee · New York · Assembly Jan 7, 2026

A 3317: Relates to the creation of Melinda's Law in relation to the basis for removal of children

Melinda's Law protects non-abusive parents who report domestic violence from losing custody of their children. It requires courts to consider whether a parent reported abuse before removing children, treating them as "not at fault" if they reported it and are not neglectful. The law prevents abusers from threatening to have children taken away as leverage to control the non-abusive parent. It applies to cases where domestic violence - defined to include emotional, psychological, or physical abuse - has occurred, with specific court procedures to verify reports. This directly affects parents in domestic violence situations seeking to report abuse without fear of child removal.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill protects non-abusive parents reporting domestic violence from custody loss, aligning with criminal justice reform by preventing abuser leverage and safeguarding victim rights in court proceedings.85% confidence

Sub-Topics Courts Domestic Violence

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in committee · New York · Senate Jan 7, 2026

S 6787: Enhances sentences for certain offenses involving weapons on or near school grounds

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill enhances sentences for weapon offenses near schools, increasing penalties and aligning with 'increases mandatory sentences' indicator95% confidence

Sub-Topics Courts Drug Policy Firearms

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in committee · New York · Senate Jan 7, 2026

S 4789: Relates to training requirements for attorneys appointed to represent a child in certain proceedings

This bill requires attorneys appointed to represent children in family court proceedings to complete specific training. It mandates 6 hours of initial training and ongoing training covering juvenile delinquency law, domestic violence dynamics, and its impact on children - particularly regarding custody, visitation, and child support. Training programs must be developed with input from the State Office for the Prevention of Domestic Violence and approved by the Office of Court Administration. The bill also encourages public defender offices to offer state-bar-approved training on juvenile delinquency for continuing legal education credit. It directly affects all attorneys representing children in these court cases.

Topics ✓ Criminal JusticeSupports Criminal JusticeMandates training on juvenile delinquency law for child attorneys, improving representation in cases affecting juvenile justice reform.85% confidence

Sub-Topics Courts Domestic Violence Juvenile Justice

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in committee · New York · Senate Jun 9, 2025

S 8312: Relates to the removal of actions to certain courts in an adjoining county

This bill allows criminal defendants in counties outside New York City to have their cases moved to a mental health court in a neighboring county, with consent from the defendant, both district attorneys, and the receiving court. It requires a 5-day waiting period before the transfer takes effect unless the receiving court agrees to accept the case sooner. The law specifically prohibits moving family offense cases involving household members to veterans treatment courts under this provision. This primarily affects defendants facing criminal charges who qualify for specialized court programs in adjacent jurisdictions, streamlining access to mental health-focused sentencing.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill expands access to mental health courts for criminal defendants outside NYC, promoting diversion and treatment over traditional prosecution - a key criminal justice reform to reduce recidivism and address mental health needs.90% confidence

Sub-Topics Courts Sentencing

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in committee · New York · Senate Jan 7, 2026

S 6612: Relates to petition for expungement of records for certain marihuana convictions

S 6612 allows individuals convicted of simple marijuana possession (under Penal Law §222.25) with no prior or subsequent offenses to petition courts for expungement of their records. To qualify, applicants must wait two years after their conviction, complete all probation/parole/fines, and file a verified petition with required court documents. The court must grant expungement within 90 days if no objections are raised by prosecutors or law enforcement. This removes all court records related to the conviction, including arrest details and sentencing, for eligible individuals. The law applies to convictions both before and after its effective date.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enables expungement of non-violent marijuana convictions, reducing barriers to reentry and aligning with criminal justice reform goals like reducing recidivism.95% confidence

Sub-Topics Courts Drug Policy Probation & Parole

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in committee · New York · Assembly Jan 7, 2026

A 6755: Relates to an elder court pilot program

Creates an elder court pilot program to study the effectiveness of senior-specific judicial programming especially involving elder abuse and domestic violence.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates elder court pilot for abuse/domestic violence cases, promoting specialized judicial programming to improve outcomes in criminal justice.85% confidence

Sub-Topics Courts Domestic Violence

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in committee · New York · Senate Apr 29, 2026

S 3778: Establishes the chief administrator of the courts shall submit annually a report on the Drug Treatment Court Program during the preceding year

Establishes the chief administrator of the courts shall submit annually a report on the administration, function and effectiveness of the Drug Treatment Court Program during the preceding year.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires annual evaluation of Drug Treatment Court Program's effectiveness, promoting rehabilitation-focused criminal justice reform and accountability.85% confidence

Sub-Topics Courts Drug Policy

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in committee · New York · Assembly Jan 7, 2026

A 2461: Prohibits the use of cell-site simulators by law enforcement officers

This New York bill prohibits law enforcement officers and agencies from using cell-site simulators - devices that mimic cell towers to track phones without consent. It directly affects law enforcement (including police officers and agencies) and individuals whose phone data might be collected through these devices. Key provisions ban the use, acquisition, or third-party agreements involving such technology, require illegally obtained evidence to be suppressed in court, and allow affected individuals to sue for up to $5,000 per violation or actual damages. The law also permits class-action lawsuits and awards legal fees to successful plaintiffs.

Topics ✓ Criminal JusticeSupports Criminal JusticeProhibits warrantless law enforcement surveillance via cell-site simulators, protecting individual privacy rights and aligning with criminal justice reform principles by limiting overreach.95% confidence ✓ TechnologySupports TechnologyBans cell-site simulators used for unauthorized phone tracking, directly strengthening data privacy protections under technology policy.95% confidence

Sub-Topics Courts Policing

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