Bill Text: NY A07212 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 7212 (Prior Session Legislation)

Introduced

Bill Title: Relates to conferring youthful offender status upon conviction of an eligible youth for a misdemeanor.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Engrossed - Dead) 2016-01-06 - ordered to third reading cal.274 [A07212 Detail]

Download: New_York-2015-A07212-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7212
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2015
                                      ___________
       Introduced by M. of A. JOYNER -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend  the  criminal procedure law, in relation to youthful
         offender determinations
         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 720.20 of the criminal procedure
    2  law, as amended by chapter 652 of the laws of 1974, is amended  to  read
    3  as 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] FOR A
   16  MISDEMEANOR  AND  PROVIDED the eligible youth had not prior to commence-
   17  ment of trial or entry of a plea of guilty been convicted of a crime  or
   18  found  a  youthful offender, the court must find he is a youthful offen-
   19  der.
   20    S 2. This act shall take effect  immediately  and  apply  to  criminal
   21  convictions of eligible youths entered into on and after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09627-03-5