Bill Text: NY A05871 | 2019-2020 | General Assembly | Introduced

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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) 2020-01-08 - referred to codes [A05871 Detail]

Download: New_York-2019-A05871-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5871
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL, JAFFEE, PERRY, ZEBROWSKI, MOSLEY,
          TAYLOR -- read once and referred to the Committee on Codes
        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    10  procedure law is REPEALED.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. Paragraph (b) of subdivision 2 of section 720.10 of the  criminal
    12  procedure law, as amended by chapter 416 of the laws of 1986, is amended
    13  to read as follows:
    14    (b) such youth has previously been convicted and sentenced for a felo-
    15  ny[, or].
    16    § 4. Subdivision 3 of section 720.15 of the criminal procedure law, as
    17  amended  by  chapter  774  of  the  laws  of 1985, is amended to read as
    18  follows:
    19    3. The provisions of subdivisions one and two of this section  requir-
    20  ing or authorizing the accusatory instrument filed against a youth to be
    21  sealed,  and  the  arraignment  and  all proceedings in the action to be
    22  conducted in private shall not apply in connection with a pending charge
    23  of committing any felony sex offense as defined in the penal  law.  [The
    24  provisions  of subdivision one requiring the accusatory instrument filed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09821-01-9
        A. 5871                             2

     1  against a youth to be sealed shall not apply where such youth has previ-
     2  ously been adjudicated a youthful offender or convicted of a crime.]
     3    § 5. Subdivision 1 of section 720.20 of the criminal procedure law, as
     4  amended  by  chapter  652  of  the  laws  of 1974, is amended to read as
     5  follows:
     6    1. Upon conviction of an eligible youth, the court must order  a  pre-
     7  sentence  investigation  of  the defendant.   After receipt of a written
     8  report of the investigation and at the time of pronouncing sentence  the
     9  court  must  determine  whether  or not the eligible youth is a youthful
    10  offender.  Such determination shall be in accordance with the  following
    11  criteria:
    12    (a)    If in the opinion of the court the interest of justice would be
    13  served by relieving the eligible youth  from  the  onus  of  a  criminal
    14  record and by not imposing an indeterminate term of imprisonment of more
    15  than  four  years,  the  court may, in its discretion, find the eligible
    16  youth is a youthful offender; [and]
    17    (b)  Where the conviction is had in a local  criminal  court  and  the
    18  eligible youth had not prior to commencement of trial or entry of a plea
    19  of  guilty  been  convicted of a crime or found a youthful offender, the
    20  court must find he is a youthful offender; and
    21    (c) There shall be a presumption to grant youthful offender status  to
    22  an  eligible  youth,  unless  the district attorney upon motion with not
    23  less than seven days notice to such person or his or her attorney demon-
    24  strates to the satisfaction of the court that the interests  of  justice
    25  require otherwise.
    26    §  6.  This act shall take effect immediately; provided, however, that
    27  section four of this act shall take effect on the thirtieth day after it
    28  shall have become a law.