Bill Text: NY A04743 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 6-0)
Status: (Introduced - Dead) 2018-01-09 - amended on third reading (t) 4743b [A04743 Detail]
Download: New_York-2017-A04743-Amended.html
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 6-0)
Status: (Introduced - Dead) 2018-01-09 - amended on third reading (t) 4743b [A04743 Detail]
Download: New_York-2017-A04743-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4743--A 2017-2018 Regular Sessions IN ASSEMBLY February 3, 2017 ___________ Introduced by M. of A. O'DONNELL, JAFFEE, PERRY -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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-6teen] 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. [The17provisions of subdivision one requiring the accusatory instrument filed18against a youth to be sealed shall not apply where such youth has previ-19ously 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. LBD07161-04-7A. 4743--A 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.