Bill Text: NY A08381 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to granting certain individuals youthful offender status; adds a new category of individuals eligible for young adult offender status and first offender status.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A08381 Detail]
Download: New_York-2019-A08381-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8381--A 2019-2020 Regular Sessions IN ASSEMBLY June 15, 2019 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law and the penal law, in relation to granting certain individuals youthful offender status; to add a new category of individuals eligible for young adult offender status and first offender status; and to repeal certain provisions of the criminal procedure law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 720.10 of the criminal procedure law, as added by 2 chapter 981 of the laws of 1971, subdivision 1 as amended by chapter 411 3 of the laws of 1979, subdivision 2 as amended by chapter 416 of the laws 4 of 1986, paragraph (a) of subdivision 2 as amended by chapter 316 of the 5 laws of 2006, subdivision 3 as amended by chapter 264 of the laws of 6 2003, and subdivisions 4, 5 and 6 as renumbered by chapter 481 of the 7 laws of 1978, is amended to read as follows: 8 § 720.10 Youthful offender procedure; definition of terms. 9 As used in this article, the following terms have the following mean- 10 ings: 11 1. ["Youth"] "Eligible youth" means a person charged with a crime 12 alleged to have been committed when he or she was at least sixteen years 13 old and less than nineteen years old or a person charged with being a 14 juvenile offender as defined in subdivision forty-two of section 1.20 of 15 this chapter. 16 2. ["Eligible youth" means a youth who is eligible to be found a17youthful offender. Every youth is so eligible unless:18(a) the conviction to be replaced by a youthful offender finding is19for (i) a class A-I or class A-II felony, or (ii) an armed felony as20defined in subdivision forty-one of section 1.20, except as provided in21subdivision three, or (iii) rape in the first degree, criminal sexualEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13234-03-9A. 8381--A 2 1act in the first degree, or aggravated sexual abuse, except as provided2in subdivision three, or3(b) such youth has previously been convicted and sentenced for a felo-4ny, or5(c) such youth has previously been adjudicated a youthful offender6following conviction of a felony or has been adjudicated on or after7September first, nineteen hundred seventy-eight a juvenile delinquent8who committed a designated felony act as defined in the family court9act.103. Notwithstanding the provisions of subdivision two, a youth who has11been convicted of an armed felony offense or of rape in the first12degree, criminal sexual act in the first degree, or aggravated sexual13abuse is an eligible youth if the court determines that one or more of14the following factors exist: (i) mitigating circumstances that bear15directly upon the manner in which the crime was committed; or (ii) where16the defendant was not the sole participant in the crime, the defendant's17participation was relatively minor although not so minor as to consti-18tute a defense to the prosecution. Where the court determines that the19eligible youth is a youthful offender, the court shall make a statement20on the record of the reasons for its determination, a transcript of21which shall be forwarded to the state division of criminal justice22services, to be kept in accordance with the provisions of subdivision23three of section eight hundred thirty-seven-a of the executive law.244.] "Youthful offender finding" means a finding, substituted for the 25 conviction of an eligible youth, pursuant to a determination that the 26 eligible youth is a youthful offender. 27 [5.] 3. "Youthful offender sentence" means the sentence imposed upon a 28 youthful offender finding. 29 [6.] 4. "Youthful offender adjudication". A youthful offender adjudi- 30 cation is comprised of a youthful offender finding and the youthful 31 offender sentence imposed thereon and is completed by imposition and 32 entry of the youthful offender sentence. 33 § 2. Subdivisions 3 and 4 of section 720.15 of the criminal procedure 34 law are REPEALED. 35 § 3. Subdivision 1 of section 720.20 of the criminal procedure law, as 36 amended by chapter 652 of the laws of 1974, is amended to read as 37 follows: 38 1. Upon conviction of an eligible youth, the court must order a pre- 39 sentence investigation of the defendant. After receipt of a written 40 report of the investigation and at the time of pronouncing sentence the 41 court must determine whether or not the eligible youth is a youthful 42 offender. Such determination shall be in accordance with the following 43 criteria: 44 (a) If the eligible youth is charged with a violation or a misdemeanor 45 offense, a class D or E felony offense, a class C felony as described in 46 subdivision one of section 160.10 of the penal law or any offense 47 contained in article two hundred twenty of the penal law, the court 48 shall find that he or she is a youthful offender. 49 (b) In all other cases, if in the opinion of the court the interest of 50 justice would be served by relieving the eligible youth from the onus of 51 a criminal record and the attendant collateral consequences of that 52 permanent criminal record and by not imposing an indeterminate term of 53 imprisonment of more than four years, the court may, in its discretion, 54 find the eligible youth is a youthful offender[; and55(b) Where the conviction is had in a local criminal court and the56eligible youth had not prior to commencement of trial or entry of a pleaA. 8381--A 3 1of guilty been convicted of a crime or found a youthful offender, the2court must find he is a youthful offender.] 3 (c) There shall be a presumption to grant youthful offender status to 4 an eligible youth. The district attorney may challenge this presumption 5 by filing a motion with the court, with at least seven days' notice to 6 the eligible youth and his or her attorney, showing by clear and 7 convincing evidence that the interests of justice require the court not 8 to grant youthful offender status. 9 § 4. Subparagraph (i) of paragraph (b) of subdivision 3 of section 10 220.30 of the criminal procedure law, as amended by chapter 410 of the 11 laws of 1979, is amended to read as follows: 12 (i) A plea of guilty, whether to the entire indictment or to part of 13 the indictment for any crime other than a class A felony, may not be 14 accepted on the condition that it constitutes a complete disposition of 15 one or more other indictments against the defendant wherein is charged a 16 class A-I felony as defined in article two hundred twenty of the penal 17 law or the attempt to commit any such class A-I felony, except that an 18 eligible youth, as defined in subdivision [two] one of section 720.10, 19 may plea to a class B felony, upon consent of the district attorney, for 20 purposes of adjudication as a youthful offender. 21 § 5. Subdivision 3 of section 420.30 of the criminal procedure law, as 22 amended by section 5 of part F of chapter 56 of the laws of 2004, is 23 amended to read as follows: 24 3. Restrictions. In no event shall a mandatory surcharge, sex offender 25 registration fee, DNA databank fee or crime victim assistance fee be 26 remitted provided, however, that a court may waive the crime victim 27 assistance fee if such defendant is an eligible youth as defined in 28 subdivision [two] one of section 720.10 of this chapter, and the imposi- 29 tion of such fee would work an unreasonable hardship on the defendant, 30 his or her immediate family, or any other person who is dependent on 31 such defendant for financial support. 32 § 6. Subdivision 2 of section 420.35 of the criminal procedure law, as 33 amended by chapter 189 of the laws of 2018, is amended to read as 34 follows: 35 2. Under no circumstances shall the mandatory surcharge, sex offender 36 registration fee, DNA databank fee or the crime victim assistance fee be 37 waived provided, however, that a court may waive the crime victim 38 assistance fee if such defendant is an eligible youth as defined in 39 subdivision [two] one of section 720.10 of this chapter, and the imposi- 40 tion of such fee would work an unreasonable hardship on the defendant, 41 his or her immediate family, or any other person who is dependent on 42 such defendant for financial support. A court shall waive any mandatory 43 surcharge, DNA databank fee and crime victim assistance fee when: (i) 44 the defendant is convicted of loitering for the purpose of engaging in 45 prostitution under section 240.37 of the penal law (provided that the 46 defendant was not convicted of loitering for the purpose of patronizing 47 a person for prostitution); (ii) the defendant is convicted of prostitu- 48 tion under section 230.00 of the penal law; (iii) the defendant is 49 convicted of a violation in the event such conviction is in lieu of a 50 plea to or conviction for loitering for the purpose of engaging in pros- 51 titution under section 240.37 of the penal law (provided that the 52 defendant was not alleged to be loitering for the purpose of patronizing 53 a person for prostitution) or prostitution under section 230.00 of the 54 penal law; or (iv) the court finds that a defendant is a victim of sex 55 trafficking under section 230.34 of the penal law or a victim of traf- 56 ficking in persons under the trafficking victims protection act (UnitedA. 8381--A 4 1 States Code, Title 22, Chapter 78); or (v) the court finds that the 2 defendant is a victim of sex trafficking of a child under section 3 230.34-a of the penal law. 4 § 7. The criminal procedure law is amended by adding a new article 721 5 to read as follows: 6 ARTICLE 721 7 YOUNG ADULT STATUS 8 Section 721.10 Young adult status procedure; definition of terms. 9 721.15 Young adult status procedure; sealing of accusatory 10 instrument; privacy of proceedings; preliminary 11 instructions to jury. 12 721.20 Young adult status determination; when and how made; 13 procedure thereupon. 14 721.30 Young adult adjudication; post-judgment motions and 15 appeal. 16 721.35 Young adult adjudication; effect thereof; records. 17 § 721.10 Young adult status procedure; definition of terms. 18 As used in this article, the following terms have the following mean- 19 ings: 20 1. "Eligible young adult" means a person charged with a crime or 21 offense alleged to have been committed when he or she was at least nine- 22 teen years old and less than twenty-five years old. 23 2. "Young adult finding" means a finding, substituted for the 24 conviction of an eligible young adult, pursuant to a determination that 25 the eligible young adult shall be granted young adult status. 26 3. "Young adult sentence" means the sentence imposed upon a young 27 adult finding. 28 4. "Young adult adjudication" means an adjudication comprised of a 29 young adult finding and the young adult sentence imposed thereon and is 30 completed by imposition and entry of the young adult sentence. 31 § 721.15 Young adult status procedure; sealing of accusatory instrument; 32 privacy of proceedings; preliminary instructions to jury. 33 1. When an accusatory instrument against an apparently eligible young 34 adult is filed with a court, it shall be filed as a sealed instrument, 35 though only with respect to the public. 36 2. When a young adult is initially arraigned upon an accusatory 37 instrument, such arraignment and all proceedings in the action thereaft- 38 er may, in the discretion of the court and with the consent of the 39 accused, be conducted in private. 40 § 721.20 Young adult status determination; when and how made; procedure 41 thereupon. 42 Upon conviction of an eligible young adult, the court must order a 43 pre-sentence investigation of the defendant. After receipt of a written 44 report of the investigation and at the time of pronouncing sentence the 45 court must determine whether or not the eligible youth shall receive 46 young adult status. Such determination shall be in accordance with the 47 following criteria: 48 1. If the eligible young adult is charged with a violation or a misde- 49 meanor offense, the court shall find that he or she is a young adult 50 offender; 51 2. In all other cases, if in the opinion of the court the interest of 52 justice would be served by relieving the eligible young adult from the 53 onus of a criminal record and the attendant collateral consequences of 54 that permanent criminal record and by not imposing an indeterminate termA. 8381--A 5 1 of imprisonment of more than ten years, the court may, in its 2 discretion, find the eligible young adult is a young adult offender; and 3 3. There shall be a presumption to grant young adult status to an 4 eligible young adult, unless the district attorney upon motion with not 5 less than seven days' notice to such person or his or her attorney 6 demonstrates to the satisfaction of the court that the interest of 7 justice require otherwise. 8 § 721.30 Young adult adjudication; post-judgment motions and appeal. 9 The provisions of this chapter, governing the making and determination 10 of post-judgment motions and the taking and determination of appeals in 11 criminal cases, apply to post judgment motions and appeals with respect 12 to young adult adjudications wherever such provisions can reasonably be 13 so applied. 14 § 721.35 Young adult adjudication; effect thereof; records. 15 1. A young adult adjudication is not a judgment of conviction for a 16 crime or any other offense, and does not operate as a disqualification 17 of any person so adjudged to hold public office or public employment or 18 to receive any license granted by public authority but shall be deemed a 19 conviction only for the purposes of transfer of supervision and custody 20 pursuant to section two hundred fifty-nine-m of the executive law. 21 2. Except where specifically required or permitted by statute or upon 22 specific authorization of the court, upon receipt of notification of a 23 young adult adjudication: 24 (a) every photograph of such young adult and photographic plate or 25 proof, and all palmprints and fingerprints taken or made of such young 26 adult pursuant to the provisions of this article in regard to the action 27 or proceeding terminated, and all duplicates and copies thereof, except 28 a digital fingerprint image where authorized pursuant to paragraph (d) 29 of this subdivision, shall forthwith be, at the discretion of the recip- 30 ient agency, either destroyed or returned to such young adult, or to the 31 attorney who represented the young adult at the time of the termination 32 of the action or proceeding, at the address given by such person or 33 attorney during the action or proceeding, by the division of criminal 34 justice services and by any police; 35 (b) any police department or law enforcement agency, including the 36 division of criminal justice services, which transmitted or otherwise 37 forwarded to any agency of the United States or of any other state or of 38 any other jurisdiction outside the state of New York copies of any such 39 photographs, photographic plates or proofs, palmprints and fingerprints, 40 shall formally request in writing that all such copies be destroyed or 41 returned to the police department or law enforcement agency which trans- 42 mitted or forwarded them, and upon such return such department or agency 43 shall, at its discretion, either destroy or return them as provided 44 under this subdivision; 45 (c) all official records and papers relating to the arrest or prose- 46 cution, including all duplicates and copies thereof, on file with the 47 division of criminal justice services, police agency, or prosecutor's 48 office shall be sealed and not made available to any person or public or 49 private agency; 50 (d) the records referred to in paragraph (b) of this subdivision shall 51 be made available to the young adult accused or to such young adult's 52 designated agent, and shall be made available to (i) a prosecutor in any 53 proceeding in which the accused has moved for an order pursuant to 54 section 170.56 or 210.46 of this chapter, or (ii) a law enforcement 55 agency upon ex parte motion in any superior court, or in any district 56 court, city court or the criminal court of the city of New York providedA. 8381--A 6 1 that such court sealed the record, if such agency demonstrates to the 2 satisfaction of the court that justice requires that such records be 3 made available to it, or (iii) any state or local officer or agency with 4 responsibility for the issuance of licenses to possess guns, when the 5 accused has made application for such a license, or (iv) the New York 6 state department of corrections and community supervision when the 7 accused is under parole supervision as a result of conditional release 8 or parole release granted by the New York state board of parole and the 9 arrest which is the subject of the inquiry is one which occurred while 10 the accused was under such supervision, or (v) the probation department 11 responsible for supervision of the accused when the arrest which is the 12 subject of the inquiry is one which occurred while the accused was under 13 such supervision; 14 (e) at no time shall such notification be used for any purpose other 15 than those specified in this subdivision, provided, however, that infor- 16 mation regarding an order of protection or temporary order of protection 17 issued pursuant to section 530.12 of this part or a warrant issued in 18 connection therewith may be maintained on the statewide automated order 19 of protection and warrant registry established pursuant to section two 20 hundred twenty-one-a of the executive law during the period that such 21 order of protection or temporary order of protection is in full force 22 and effect or during which such warrant may be executed. Such confiden- 23 tial information may be made available pursuant to law only for purposes 24 of adjudicating or enforcing such order of protection or temporary order 25 of protection; and 26 (f) where fingerprints subject to the provisions of this section have 27 been received by the division of criminal justice services and have been 28 filed by the division as digital images, such images may be retained, 29 provided that a fingerprint card of the individual is on file with the 30 division which was not sealed pursuant to this section or section 160.50 31 of this chapter. 32 § 8. The criminal procedure law is amended by adding a new section 33 440.48 to read as follows: 34 § 440.48 Resentencing; youthful offender. 35 1. Any person under the age of twenty-five at the time the crime was 36 committed who was convicted of a misdemeanor or violation offense who 37 would have been considered an "eligible youth" pursuant to subdivision 38 one of section 720.10 of this chapter and an "eligible young adult" 39 pursuant to subdivision one of section 721.10 of this chapter after the 40 effective date of this section shall have their conviction automatically 41 replaced with a youthful offender adjudication or young adult offender 42 adjudication within six months of such date. The division of criminal 43 justice services shall establish standards to ensure that such process 44 occurs automatically for all persons prior to such six month deadline. 45 2. Any person under the age of twenty-five at the time the crime was 46 committed who would have been considered an "eligible youth" pursuant to 47 subdivision one of section 720.10 of this chapter and an "eligible young 48 adult" pursuant to subdivision one of section 721.10 of this chapter 49 after the effective date of this section, upon notice to the appropriate 50 district attorney, may petition to be resentenced to a youthful offender 51 adjudication or young adult offender adjudication in accordance with 52 articles seven hundred twenty and seven hundred twenty-one of this chap- 53 ter in the court which imposed such sentence. Even if a person is eligi- 54 ble for automatic youthful offender adjudication or young adult offender 55 adjudication sealing pursuant to subdivision one of this section, suchA. 8381--A 7 1 person may still petition the court for resentencing prior to the six 2 month period described in subdivision one of this section. 3 3. The court shall consider the factors outlined in subdivision one of 4 section 720.20 and subdivision one of section 721.20 of this chapter in 5 determining whether or not a person who would have been an eligible 6 youth may or shall be granted youthful offender status or young adult 7 offender status for the prior conviction. 8 (a) In cases where granting youthful offender status or young adult 9 offender status is discretionary and not required by paragraph (a) of 10 subdivision one of section 720.20 or paragraph (a) of subdivision one of 11 section 721.20 of this chapter, the court shall also consider any addi- 12 tional evidence presented by the person seeking resentencing, including: 13 (i) the amount of time that has elapsed since the petitioner's last 14 conviction; 15 (ii) the character of the petitioner, including any measures that he 16 or she has taken towards rehabilitation, such as participating in treat- 17 ment programs, work, or schooling, and participating in community 18 service or other volunteer programs; 19 (iii) the circumstances and seriousness of the offense for which the 20 petitioner is seeking relief; 21 (iv) the impact of sealing the petitioner's record upon his or her 22 rehabilitation and upon his or her successful and productive reentry and 23 reintegration into society; and 24 (v) the impact of collateral consequences of the conviction on the 25 defendant and his or her family. 26 (b) The district attorney may challenge the presumption to grant 27 youthful offender status pursuant to paragraph (c) of subdivision one of 28 section 720.20 and paragraph (c) of subdivision one of section 721.20 of 29 this chapter. 30 § 9. The criminal procedure law is amended by adding a new article 726 31 to read as follows: 32 ARTICLE 726 33 FIRST OFFENDER STATUS 34 Section 726.10 First offender status procedure; definition of terms. 35 726.20 First offender status determination; when and how made; 36 procedure thereupon. 37 726.30 First offender adjudication; post-judgment motions and 38 appeal. 39 726.35 First offender adjudication; effect thereof; records. 40 § 726.10 First offender status procedure; definition of terms. 41 As used in this article, the following terms shall have the following 42 meanings: 43 1. "Eligible first offender" means any person who stands charged with 44 a felony or misdemeanor offense alleged to have been committed when he 45 or she was aged twenty-five years or older unless: 46 (a) Such offender has been previously convicted and sentenced for a 47 felony, or 48 (b) Such offender has been previously adjudicated a youthful offender 49 following conviction for a felony or has been adjudicated a young adult 50 offender following a conviction for a felony. 51 2. "First offender finding" means a finding, substituted for the 52 conviction of an eligible first offender, pursuant to a determination 53 that the eligible first offender shall be granted first offender status. 54 3. "First offender sentence" means the sentence imposed upon a first 55 offender finding.A. 8381--A 8 1 4. "First offender adjudication" means an adjudication comprised of a 2 first offender finding and the first offender sentence imposed thereon 3 and is completed by imposition and entry of the first offender sentence. 4 § 726.20 First offender status determination; when and how made; proce- 5 dure thereupon. 6 1. Upon conviction of an eligible first offender, the court must order 7 a pre-sentence investigation of the defendant. After receipt of a writ- 8 ten report of the investigation and at the time of pronouncing sentence 9 the court must determine whether or not the eligible defendant shall 10 receive first offender status. Such determination shall be in accordance 11 with the following criteria: 12 (a) If the eligible first offender is charged with a violation or a 13 misdemeanor offense, the court shall find that he or she is a first 14 offender; 15 (b) In all other cases, if in the opinion of the court the interest of 16 justice would be served by relieving the eligible offender from the onus 17 of a criminal record and the attendant collateral consequences of that 18 permanent criminal record, the court may, in its discretion, find the 19 eligible offender is a first offender; and 20 (c) There shall be a presumption to grant first offender status to an 21 eligible first offender, unless the district attorney upon motion with 22 not less than seven days' notice to such person or his or her attorney 23 demonstrates to the satisfaction of the court that the interest of 24 justice require otherwise. 25 2. When an authorized court determines, pursuant to subdivision one of 26 this section, that the defendant is an eligible first offender, the 27 following sentences may be imposed: 28 (a) An authorized prison sentence pursuant to article seventy of the 29 penal law; 30 (b) An authorized sentence of probation, conditional discharge, or 31 unconditional discharge pursuant to article sixty-five of the penal law; 32 or 33 (c) Any other authorized disposition pursuant to article sixty of the 34 penal law. 35 § 726.30 First offender adjudication; post-judgment motions and appeal. 36 The provisions of this chapter, governing the making and determination 37 of post-judgment motions and the taking and determination of appeals in 38 criminal cases, apply to post judgment motions and appeals with respect 39 to first offender adjudications wherever such provisions can reasonably 40 be so applied. 41 § 726.35 First offender adjudication; effect thereof; records. 42 1. A first offender adjudication is not a judgment of conviction for a 43 crime or any other offense, and does not operate as a disqualification 44 of any person so adjudged to hold public office or public employment or 45 to receive any license granted by public authority but shall be deemed a 46 conviction only for the purposes of transfer of supervision and custody 47 pursuant to section two hundred fifty-nine-m of the executive law. 48 2. Except where specifically required or permitted by statute or upon 49 specific authorization of the court, upon receipt of notification of a 50 first offender adjudication: 51 (a) every photograph of such offender and photographic plate or proof, 52 and all palmprints and fingerprints taken or made of such first offender 53 pursuant to the provisions of this article in regard to the action or 54 proceeding terminated, and all duplicates and copies thereof, except a 55 digital fingerprint image where authorized pursuant to paragraph (e) of 56 this subdivision, shall forthwith be, at the discretion of the recipientA. 8381--A 9 1 agency, either destroyed or returned to such first offender, or to the 2 attorney who represented the first offender at the time of the termi- 3 nation of the action or proceeding, at the address given by such person 4 or attorney during the action or proceeding, by the division of criminal 5 justice services and by any police department or law enforcement agency 6 having any such photograph, photographic plate or proof, palmprints or 7 fingerprints in its possession or under its control; 8 (b) any police department or law enforcement agency, including the 9 division of criminal justice services, which transmitted or otherwise 10 forwarded to any agency of the United States or of any other state or of 11 any other jurisdiction outside the state of New York copies of any such 12 photographs, photographic plates or proofs, palmprints and fingerprints, 13 shall formally request in writing that all such copies be destroyed or 14 returned to the police department or law enforcement agency which trans- 15 mitted or forwarded them, and upon such return such department or agency 16 shall, at its discretion, either destroy or return them as provided 17 under this subdivision; 18 (c) all official records and papers relating to the arrest or prose- 19 cution, including all duplicates and copies thereof, on file with the 20 division of criminal justice services, police agency, or prosecutor's 21 office shall be sealed and not made available to any person or public or 22 private agency; 23 (d) the records referred to in paragraph (c) of this subdivision shall 24 be made available to the accused first offender or to such first 25 offender's designated agent, and shall be made available to (i) a prose- 26 cutor in any proceeding in which the accused has moved for an order 27 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law 28 enforcement agency upon ex parte motion in any superior court, or in any 29 district court, city court or the criminal court of the city of New York 30 provided that such court sealed the record, if such agency demonstrates 31 to the satisfaction of the court that justice requires that such records 32 be made available to it, or (iii) any state or local officer or agency 33 with responsibility for the issuance of licenses to possess guns, when 34 the accused has made application for such a license, or (iv) the New 35 York state department of corrections and community supervision when the 36 accused is under parole supervision as a result of conditional release 37 or parole release granted by the New York state board of parole and the 38 arrest which is the subject of the inquiry is one which occurred while 39 the accused was under such supervision, or (v) the probation department 40 responsible for supervision of the accused when the arrest which is the 41 subject of the inquiry is one which occurred while the accused was under 42 such supervision; 43 (e) at no time shall such notification be used for any purpose other 44 than those specified in this subdivision, provided, however, that infor- 45 mation regarding an order of protection or temporary order of protection 46 issued pursuant to section 530.12 of this part or a warrant issued in 47 connection therewith may be maintained on the statewide automated order 48 of protection and warrant registry established pursuant to section two 49 hundred twenty-one-a of the executive law during the period that such 50 order of protection or temporary order of protection is in full force 51 and effect or during which such warrant may be executed. Such confiden- 52 tial information may be made available pursuant to law only for purposes 53 of adjudicating or enforcing such order of protection or temporary order 54 of protection; and 55 (f) where fingerprints subject to the provisions of this section have 56 been received by the division of criminal justice services and have beenA. 8381--A 10 1 filed by the division as digital images, such images may be retained, 2 provided that a fingerprint card of the individual is on file with the 3 division which was not sealed pursuant to this section or section 160.50 4 of this chapter. 5 § 10. Subdivision 2 of section 60.00 of the penal law, as added by 6 chapter 481 of the laws of 1978, is amended to read as follows: 7 2. The sole provision of this article that shall apply in the case of 8 an offense committed by a juvenile offender [is] or a defendant adjudi- 9 cated a youthful offender or young adult in section 60.10 of this arti- 10 cle and no other provisions of this article shall be deemed or construed 11 to apply in any such case. 12 § 11. Subdivisions 1 and 3 of section 60.02 of the penal law, as 13 amended by chapter 471 of the laws of 1980, and subdivision 3 as amended 14 by section 1 of part Y of chapter 56 of the laws of 2008, are amended to 15 read as follows: 16 (1) If the sentence is to be imposed upon a youthful offender finding 17 which has been substituted for a conviction of an offense other than a 18 felony, the court must impose a sentence authorized for the offense for 19 which the youthful offender finding was substituted[, except that if the20youthful offender finding was entered pursuant to paragraph (b) of21subdivision one of section 720.20 of the criminal procedure law, the22court must not impose a definite or intermittent sentence of imprison-23ment with a term of more than six months]; or 24 (3) The provisions of section 60.35 of this article shall not apply to 25 a sentence imposed upon a juvenile offender conviction, a youthful 26 offender finding, or a young adult offender finding [and the amount of27the mandatory surcharge and crime victim assistance fee which shall be28levied at sentencing shall be equal to the amount specified in such29section for the offense of conviction for which the youthful offender30finding was substituted; provided, however that the court shall not31impose the sex offender registration fee, DNA databank fee or supple-32mental sex offender victim fee, as defined in subparagraphs (iv) and (v)33of paragraph (a) and paragraph (b) of subdivision one of section 60.3534of this article, for an offense in which the conviction was substituted35with a youthful offender finding]. 36 § 12. Subdivision 4 of section 80.00 of the penal law, as amended by 37 chapter 338 of the laws of 1989, is amended to read as follows: 38 4. Exception. The provisions of this section shall not apply to a 39 corporation, or eligible youth as defined in section 720.10 of the crim- 40 inal procedure law. 41 § 13. Subdivision 6 of section 80.05 of the penal law is amended to 42 read as follows: 43 6. Exception. The provisions of this section shall not apply to a 44 corporation, or eligible youth as defined in section 720.10 of the crim- 45 inal procedure law. 46 § 14. This act shall take effect on the first of November next 47 succeeding the date on which it shall have become a law and shall apply 48 to any criminal case pending on such effective date.
