Bill Text: NY S05391 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides that eligible youth who were not given youthful offender status by the court be eligible for conviction sealing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05391 Detail]

Download: New_York-2019-S05391-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5391--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 29, 2019
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be  committed  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, in relation to eligibility
          for conviction sealing for eligible youth

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 720.20 of the criminal procedure law is amended by
     2  adding a new subdivision 5 to read as follows:
     3    5. (a) Notwithstanding any other law, where an eligible youth was  not
     4  determined  to  be a youthful offender by the court pursuant to subdivi-
     5  sion one of this section, but was otherwise eligible to be determined to
     6  be a youthful offender pursuant to this article, such  individual  shall
     7  be  eligible  to apply for conviction sealing in accordance with section
     8  160.59 of this chapter. An "eligible offense" for such individual  shall
     9  include  any  crime  defined  in the laws of this state other than (i) a
    10  class A-I or class A-II felony, or (ii) an armed felony  as  defined  in
    11  subdivision  forty-one  of  section  1.20  of  this  chapter,  except as
    12  provided in paragraph (b) of this subdivision, or (iii) an  offense  for
    13  which  registration  as  a  sex offender is required pursuant to article
    14  six-C of the correction law.
    15    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    16  sion,  an  eligible  youth  who  has  been  convicted of an armed felony
    17  offense is eligible for conviction sealing pursuant to section 160.59 of
    18  this chapter if the sentencing judge, or county or supreme court  deter-
    19  mines  that  one  or more of the following factors exist: (i) mitigating
    20  circumstances that bear directly upon the manner in which the crime  was
    21  committed;  or  (ii) where the defendant was not the sole participant in
    22  the crime, the defendant's participation was relatively  minor  although
    23  not so minor as to constitute a defense to the prosecution.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04909-04-9
        S. 5391--A                          2

     1    (c)  An eligible youth who has previously applied for conviction seal-
     2  ing under section 160.59 of this  chapter,  but  was  denied,  shall  be
     3  permitted to reapply for such sealing pursuant to the provisions of this
     4  subdivision.
     5    § 2. This act shall take effect immediately.