Bill Text: NY S01983 | 2013-2014 | General Assembly | Introduced

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Bill Title: Alters the definition of "youth" to mean a person who is at least sixteen years old and less than twenty-one years old; provides that where the conviction is had in a local criminal court and the eligible youth charged with a crime is alleged to have been committed when he or she was at least sixteen years old and less than nineteen years had not prior to the commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court must find that he or she is a youthful offender.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S01983 Detail]

Download: New_York-2013-S01983-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1983
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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  youthful
         offenders
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 720.10 of the  criminal  procedure
    2  law,  as  amended by chapter 411 of the laws of 1979, is amended to read
    3  as follows:
    4    1. "Youth" means a person charged with a crime alleged  to  have  been
    5  committed  when  he  OR SHE was at least sixteen years old and less than
    6  [nineteen] TWENTY-ONE years old or a person charged with being  a  juve-
    7  nile  offender  as  defined  in subdivision forty-two of section 1.20 of
    8  this chapter.
    9    S 2. Subdivision 1 of section 720.20 of the criminal procedure law, as
   10  amended by chapter 652 of the laws  of  1974,  is  amended  to  read  as
   11  follows:
   12    1.   Upon conviction of an eligible youth, the court must order a pre-
   13  sentence investigation of the defendant.   After receipt  of  a  written
   14  report  of the investigation and at the time of pronouncing sentence the
   15  court must determine whether or not the eligible  youth  is  a  youthful
   16  offender.   Such determination shall be in accordance with the following
   17  criteria:
   18    (a)  If in the opinion of the court the interest of justice  would  be
   19  served  by  relieving  the  eligible  youth  from the onus of a criminal
   20  record and by not imposing an indeterminate term of imprisonment of more
   21  than four years, the court may, in its  discretion,  find  the  eligible
   22  youth is a youthful offender; and
   23    (b)    Where  the  conviction is had in a local criminal court and the
   24  eligible youth CHARGED WITH A CRIME ALLEGED TO HAVE BEEN COMMITTED  WHEN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05344-01-3
       S. 1983                             2
    1  HE  OR  SHE  WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN NINETEEN YEARS
    2  OLD had not prior to commencement of trial or entry of a plea of  guilty
    3  been  convicted  of a crime or found a youthful offender, the court must
    4  find he OR SHE is a youthful offender.
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.