Bill Text: NY A05619 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that eligible youth who were not given youthful offender status by the court be eligible for conviction sealing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05619 Detail]

Download: New_York-2021-A05619-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5619

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2021
                                       ___________

        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law, in relation  to  eligibility
          for conviction sealing for eligible youth

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 160.59 of the criminal procedure law is amended  by
     2  adding a new subdivision 12 to read as follows:
     3    12. (a) Notwithstanding any other law, where an eligible youth was not
     4  determined  to  be a youthful offender by the court pursuant to subdivi-
     5  sion one of section 720.20 of this chapter, but was  otherwise  eligible
     6  to  be  determined  to  be a youthful offender pursuant to article seven
     7  hundred twenty of this chapter, such individual  shall  be  eligible  to
     8  apply  for conviction sealing in accordance with this section.  Notwith-
     9  standing paragraph (a) of subdivision one of this section, an  "eligible
    10  offense" for such individual shall include any crime defined in the laws
    11  of  this  state other than (i) a class A-I or class A-II felony, or (ii)
    12  an armed felony as defined in subdivision  forty-one  of  section  1.20,
    13  except  as  provided  in  paragraph (b) of this subdivision, or (iii) an
    14  offense for which registration as a sex offender is required pursuant to
    15  article six-C of the correction law.
    16    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    17  sion,  an  eligible  youth  who  has  been  convicted of an armed felony
    18  offense is eligible for conviction sealing pursuant to this  section  if
    19  the  sentencing judge, or county or supreme court determines that one or
    20  more of the following factors exist: (i) mitigating  circumstances  that
    21  bear  directly upon the manner in which the crime was committed; or (ii)
    22  where the defendant was not the  sole  participant  in  the  crime,  the
    23  defendant's  participation was relatively minor although not so minor as
    24  to constitute a defense to the prosecution.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02403-03-1
        A. 5619                             2

     1    (c) An eligible youth who has previously applied for conviction  seal-
     2  ing  under  this  section, but was denied, shall be permitted to reapply
     3  for such sealing pursuant to the provisions of this subdivision.
     4    § 2. This act shall take effect immediately.