Bill Text: NY S00512 | 2017-2018 | General Assembly | Introduced

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Bill Title: Denies eligibility for youthful offender treatment upon conviction of a class B violent felony, unless the court determines that such person was a minor participant in the crime or that mitigating circumstances exist which bear directly upon the manner in which the crime was committed.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S00512 Detail]

Download: New_York-2017-S00512-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           512
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. YOUNG, FUNKE -- read twice and ordered printed, and
          when printed to be committed to the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation  to  eligibility
          for youthful offender status
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2 and 3 of  section  720.10  of  the  criminal
     2  procedure  law,  subdivision  2 as amended by chapter 416 of the laws of
     3  1986, paragraph (a) of subdivision 2 as amended by chapter  316  of  the
     4  laws  of 2006 and subdivision 3 as amended by chapter 264 of the laws of
     5  2003, are amended to read as follows:
     6    2. "Eligible youth" means a youth who is eligible to be found a youth-
     7  ful offender.  Every youth is so eligible unless:
     8    (a) the conviction to be replaced by a youthful  offender  finding  is
     9  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
    10  defined in subdivision forty-one of section 1.20, except as provided  in
    11  subdivision  three,  or (iii) [rape in the first degree, criminal sexual
    12  act in the first degree, or aggravated sexual abuse] a class  B  violent
    13  felony offense as defined in paragraph (a) of subdivision one of section
    14  70.02 of the penal law, except as provided in subdivision three, or
    15    (b) such youth has previously been convicted and sentenced for a felo-
    16  ny, or
    17    (c)    such  youth has previously been adjudicated a youthful offender
    18  following conviction of a felony or has been  adjudicated  on  or  after
    19  September  first,  nineteen  hundred seventy-eight a juvenile delinquent
    20  who committed a designated felony act as defined  in  the  family  court
    21  act.
    22    3.  Notwithstanding the provisions of subdivision two, a youth who has
    23  been convicted of an armed felony offense  or  [of  rape  in  the  first
    24  degree,  criminal  sexual  act in the first degree, or aggravated sexual

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05753-01-7
        S. 512                              2

     1  abuse] a class B violent felony offense is  an  eligible  youth  if  the
     2  court  determines  that  one or more of the following factors exist: (i)
     3  mitigating circumstances that bear directly upon the manner in which the
     4  crime  was  committed;  or  (ii)  where  the  defendant was not the sole
     5  participant in the crime, the defendant's participation  was  relatively
     6  minor  although  not  so  minor as to constitute a defense to the prose-
     7  cution. Where the court determines that the eligible youth is a youthful
     8  offender, the court shall make a statement on the record of the  reasons
     9  for  its  determination, a transcript of which shall be forwarded to the
    10  state division of criminal justice services, to be  kept  in  accordance
    11  with  the provisions of subdivision three of section eight hundred thir-
    12  ty-seven-a of the executive law.
    13    § 2. This act shall take effect on the first of November next succeed-
    14  ing the date on which it shall have become  a  law;  provided,  however,
    15  that  the  provisions of this act shall apply only to offenses committed
    16  on or after such effective date.