Bill Text: NY A04743 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 6-0)

Status: (Introduced - Dead) 2018-01-09 - amended on third reading (t) 4743b [A04743 Detail]

Download: New_York-2017-A04743-Amended.html

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                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-
     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.
                                                                   LBD07161-04-7
        A. 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.