Section 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); subdivisions one and two of section
  130.35 (rape in the first degree); subdivisions one and two  of  section
  130.50  (criminal  sexual  act  in the first degree); 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; subdivision four  of  section  265.02  of  the
  penal  law,  where  such firearm is possessed on school grounds, as that
  phrase is defined in subdivision fourteen of section 220.00 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  thirteen,  fourteen  or  fifteen
  years  of  age  did  an  act  which, if done by a person over the age of
  sixteen, 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.