Bill Text: NY S04129 | 2017-2018 | General Assembly | Amended

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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 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S04129 Detail]

Download: New_York-2017-S04129-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4129--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 3, 2017
                                       ___________
        Introduced  by Sens. MONTGOMERY, COMRIE -- read twice and ordered print-
          ed, and when printed to be committed to  the  Committee  on  Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  criminal procedure law, in relation to granting
          certain individuals youthful offender status
          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. Subdivision 3 of section 720.15 of the criminal procedure law, as
    10  amended  by  chapter  774  of  the  laws  of 1985, is amended to read as
    11  follows:
    12    3. The provisions of subdivisions one and two of this section  requir-
    13  ing or authorizing the accusatory instrument filed against a youth to be
    14  sealed,  and  the  arraignment  and  all proceedings in the action to be
    15  conducted in private shall not apply in connection with a pending charge
    16  of committing any felony sex offense as defined in the penal  law.  [The
    17  provisions  of subdivision one requiring the accusatory instrument filed
    18  against a youth to be sealed shall not apply where such youth has previ-
    19  ously been adjudicated a youthful offender or convicted of a crime.]
    20    § 3. Subdivision 1 of section 720.20 of the criminal procedure law, as
    21  amended by chapter 652 of the laws  of  1974,  is  amended  to  read  as
    22  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07161-05-7
        S. 4129--B                          2
     1    1.  Upon  conviction of an eligible youth, the court must order a pre-
     2  sentence investigation of the defendant.   After receipt  of  a  written
     3  report  of the investigation and at the time of pronouncing sentence the
     4  court must determine whether or not the eligible  youth  is  a  youthful
     5  offender.   Such determination shall be in accordance with the following
     6  criteria:
     7    (a)  If in the opinion of the court the interest of justice  would  be
     8  served  by  relieving  the  eligible  youth  from the onus of a criminal
     9  record and by not imposing an indeterminate term of imprisonment of more
    10  than four years, the court may, in its  discretion,  find  the  eligible
    11  youth is a youthful offender; [and]
    12    (b)    Where  the  conviction is had in a local criminal court and the
    13  eligible youth had not prior to commencement of trial or entry of a plea
    14  of guilty been convicted of a crime or found a  youthful  offender,  the
    15  court must find he is a youthful offender; and
    16    (c)  There shall be a presumption to grant youthful offender status to
    17  an eligible youth, unless the district attorney  upon  motion  with  not
    18  less than seven days notice to such person or his or her attorney demon-
    19  strates  to  the satisfaction of the court that the interests of justice
    20  require otherwise.
    21    § 4. This act shall take effect immediately; provided,  however,  that
    22  section  two of this act shall take effect on the thirtieth day after it
    23  shall have become a law.