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Shooting Prompts Senate Proposal To Amend Raise The Age Law

In the aftermath of a shooting outside a Utica high school, state Sen. Joe Griffo is proposing tougher penalties for those who carry weapons near a school.

In early September, a 16-year-old was arrested for shooting a school security guard who was breaking up a fight outside a high school football game at Proctor High School in Utica. The security guard was shot in the back of the head and was expected to make a full recovery.

A game with Binghamton High School was in its final moments when the fight broke out in the parking lot outside the stadium. At least two of the school’s security employees got involved to stop the fight when shots were fired and the unidentified guard was hit.

The teen was arrested on second-degree attempted murder and other charges. Police said they could not identify the teen because of his age but said he was not a current student at Proctor High School and was enrolled in an alternative educational program.

“In the aftermath of the recent shooting outside of a Proctor High School football game in Utica, it is incumbent on the legislature to ensure we have the necessary tools to combat school and community violence,” Griffo wrote in his legislative justification for S.7699, introduced in the state Senate recently. “This legislation would increase penalties for firearms offenses committed within 5,000 feet of school grounds and would provide school and law enforcement officials access to the records of juveniles with criminal records so that a safety plan for the school and community can be developed.”

Griffo wants to amend the state Penal Law to increase sentences for certain offenses involving weapons on or near school grounds as well as amend the Family Court Act and the state Criminal Procedure Law to make records for those under the age of 18 available. The Rome Republican also proposes allowing courts to consider the existence of extraordinary circumstances and significant physical injury in determining whether to remove adolescent offenders to family court. The Rome Republican also wants to amend the Retirement and Social Security law to increase annual earnings limitations for certain retired police officers. Griffo wants to amend the state Criminal Procedure Law to add a defendant’s identifiable ties to the community, state and/or county to consider whether to fix a securing order while also amending the Civil Practice Law and the Rules and the Criminal Procedure Law in relation to allowing courts to hold a pre-trial community safety and well-being hearing.

“This legislation also seeks to amend several previously enacted criminal justice provisions, including “Raise the Age” and former Governor Cuomo’s ban on the release of mugshots of those accused of violent crimes with a firearm. In addition, the legislation adds provisions enhancing support for school safety and school resource officers,” Griffo wrote. “Finally, this legislation would give courts more leeway in which resources may be used on suspects who may present a danger to their communities and creates the crime of “criminal solicitation in the third degree” when a youth is provided a firearm from someone over the age of 18 for deliberate use in a violent crime.

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