Bill Text: NY A04974 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4974 (Prior Session Legislation)

Introduced

Bill Title: Provides that a person adjudicated a youthful offender shall have the felony conviction which was vacated as a result of youthful offender adjudication reinstated and considered as a predicate felony when convicted of a subsequent felony within 5 years of such adjudication.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04974 Detail]

Download: New_York-2011-A04974-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4974
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced  by  M.  of A. MAYERSOHN, SCHIMMINGER, GUNTHER -- Multi-Spon-
         sored by -- M. of A.  AUBRY, COLTON, SCARBOROUGH, SWEENEY -- read once
         and referred to the Committee on Codes
       AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
         relation to youthful offenders
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
    2  section 720.40 to read as follows:
    3  S  720.40  YOUTHFUL  OFFENDER  ADJUDICATION;  REINSTATEMENT OF PREDICATE
    4                 FELONY CONVICTION.
    5    UPON THE FELONY CONVICTION OF A PERSON WITHIN  FIVE  YEARS  OF  HAVING
    6  BEEN ADJUDICATED A FELONY OFFENDER, THE PREVIOUS FELONY CONVICTION WHICH
    7  WAS  VACATED  PURSUANT  TO  SUBDIVISION  THREE OF SECTION 720.20 OF THIS
    8  ARTICLE SHALL BE REINSTATED AS OF THE TIME OF  SUCH  PRIOR  ADJUDICATION
    9  AND  SUCH  REINSTATED  CONVICTION SHALL BE CONSIDERED A PREDICATE FELONY
   10  CONVICTION FOR PURPOSES OF SENTENCING PURSUANT TO SECTION 70.06  OF  THE
   11  PENAL LAW.
   12    S  2. Paragraph (b) of subdivision 1 of section 70.06 of the penal law
   13  is amended by adding a new subparagraph (vii) to read as follows:
   14    (VII) NOTWITHSTANDING THE PROVISIONS  OF  SUBPARAGRAPH  (IV)  OF  THIS
   15  PARAGRAPH TO THE CONTRARY, SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN
   16  FIVE  YEARS BEFORE COMMISSION OF THE FELONY OF WHICH THE DEFENDANT PRES-
   17  ENTLY STANDS CONVICTED WHERE SUCH SENTENCE INCLUDED  ADJUDICATION  AS  A
   18  YOUTHFUL OFFENDER PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMI-
   19  NAL PROCEDURE LAW.
   20    S 3. This act shall take effect on the first of November next succeed-
   21  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08641-01-1