Bill Text: NY A00742 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 742

Introduced

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

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2024-01-16 - enacting clause stricken [A00742 Detail]

Download: New_York-2023-A00742-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                           742

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        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    § 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.
                                                                   LBD00756-01-3