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