S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6178
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       Introduced  by M. of A. BORELLI -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the criminal procedure  law,  in  relation  to  youthful
         offender procedure
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 720.35 of the criminal procedure law is amended by
    2  adding a new subdivision 5 to read as follows:
    3    5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
    4  WHENEVER  A PERSON IS ADJUDICATED A YOUTHFUL OFFENDER AND THE CONVICTION
    5  THAT WAS VACATED AND REPLACED  BY  THE  YOUTHFUL  OFFENDER  FINDING  WAS
    6  EITHER  MAKING  GRAFFITI IN VIOLATION OF SECTION 145.60 OF THE PENAL LAW
    7  OR POSSESSION OF GRAFFITI INSTRUMENTS IN VIOLATION OF SECTION 145.65  OF
    8  THE  PENAL LAW, THEN THE NAME OF THE YOUTHFUL OFFENDER AND THE CRIME FOR
    9  WHICH THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED SHALL NOT BE  CONFI-
   10  DENTIAL  AND  MAY  BE  MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE
   11  AGENCY.
   12    S 2. This act shall take effect on the first of November next succeed-
   13  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.
                                                                  LBD01522-01-5