Bill Text: NY A04743 | 2017-2018 | General Assembly | Amended

---

Bill Title: Increases the age of a person from nineteen to twenty-two to be deemed a youth for youthful offender status and provides that there is a presumption of such status unless the interest of justice requires otherwise and proper notice is given.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2018-01-09 - amended on third reading (t) 4743b [A04743 Detail]

Download: New_York-2017-A04743-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         4743--B
                                                                Cal. No. 339
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced  by  M.  of A. O'DONNELL, JAFFEE, PERRY, ZEBROWSKI, MOSLEY --
          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- ordered to a third reading, amended and ordered
          reprinted, retaining its place on the order of third reading
        AN ACT to amend the criminal procedure  law,  in  relation  to  granting
          certain  individuals  youthful  offender status; and to repeal certain
          provisions of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 1 of section 720.10 of the criminal procedure
     2  law, as amended by chapter 411 of the laws of 1979, is amended  to  read
     3  as follows:
     4    1.  "Youth"  means  a person charged with a crime alleged to have been
     5  committed when he was at least sixteen years old and  less  than  [nine-
     6  teen]  twenty-two  years  old  or a person charged with being a juvenile
     7  offender as defined in subdivision forty-two of  section  1.20  of  this
     8  chapter.
     9    §  2. Paragraph (c) of subdivision 2 of section 720.10 of the criminal
    10  procedure law is REPEALED.
    11    § 3. Subdivision 3 of section 720.15 of the criminal procedure law, as
    12  amended by chapter 774 of the laws  of  1985,  is  amended  to  read  as
    13  follows:
    14    3.  The provisions of subdivisions one and two of this section requir-
    15  ing or authorizing the accusatory instrument filed against a youth to be
    16  sealed, and the arraignment and all proceedings  in  the  action  to  be
    17  conducted in private shall not apply in connection with a pending charge
    18  of  committing  any felony sex offense as defined in the penal law. [The
    19  provisions of subdivision one requiring the accusatory instrument  filed
    20  against a youth to be sealed shall not apply where such youth has previ-
    21  ously been adjudicated a youthful offender or convicted of a crime.]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07161-06-7
        A. 4743--B                          2
     1    § 4. Subdivision 1 of section 720.20 of the criminal procedure law, as
     2  amended  by  chapter  652  of  the  laws  of 1974, is amended to read as
     3  follows:
     4    1.  Upon  conviction of an eligible youth, the court must order a pre-
     5  sentence investigation of the defendant.   After receipt  of  a  written
     6  report  of the investigation and at the time of pronouncing sentence the
     7  court must determine whether or not the eligible  youth  is  a  youthful
     8  offender.   Such determination shall be in accordance with the following
     9  criteria:
    10    (a)  If in the opinion of the court the interest of justice  would  be
    11  served  by  relieving  the  eligible  youth  from the onus of a criminal
    12  record and by not imposing an indeterminate term of imprisonment of more
    13  than four years, the court may, in its  discretion,  find  the  eligible
    14  youth is a youthful offender; [and]
    15    (b)    Where  the  conviction is had in a local criminal court and the
    16  eligible youth had not prior to commencement of trial or entry of a plea
    17  of guilty been convicted of a crime or found a  youthful  offender,  the
    18  court must find he is a youthful offender; and
    19    (c)  There shall be a presumption to grant youthful offender status to
    20  an eligible youth, unless the district attorney  upon  motion  with  not
    21  less than seven days notice to such person or his or her attorney demon-
    22  strates  to  the satisfaction of the court that the interests of justice
    23  require otherwise.
    24    § 5. This act shall take effect immediately; provided,  however,  that
    25  section  three  of this act shall take effect on the thirtieth day after
    26  it shall have become a law.