Bill Text: NY S02224 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the "juvenile offender second chance act" which establishes the ability for a person to be adjudicated to be a youthful offender and receive all provisions and benefits of being a youthful offender.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S02224 Detail]

Download: New_York-2021-S02224-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2224

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 20, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- 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 the "juvenile
          offender second chance act"

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

     1    Section 1. Subdivisions 4, 5 and 6 of section 720.10 of  the  criminal
     2  procedure  law,  as  renumbered  by chapter 481 of the laws of 1978, are
     3  renumbered subdivisions 5, 6 and 7 respectively and two new subdivisions
     4  4 and 8 are added to read as follows:
     5    4. Notwithstanding the provisions of subdivision two or three of  this
     6  section,  a person seeking relief pursuant to subdivision two of section
     7  720.20 of this article, is an eligible youth if they meet the  following
     8  criteria:
     9    (a)  the  person  was convicted or sentenced as a juvenile offender as
    10  defined in subdivision forty-two of section 1.20 of this chapter;
    11    (b) the person is at least twenty-six years old;
    12    (c) the person has not been convicted or sentenced for another felony;
    13    (d) the person has not been convicted or sentenced for more  than  one
    14  other misdemeanor;
    15    (e)  the person is not registered as a level three sex offender pursu-
    16  ant to section one hundred sixty-eight-l of the correction law; and
    17    (f) the person is not currently under strict intensive supervisions or
    18  civil commitment pursuant to article ten of the mental hygiene law.
    19    8. "Eligible youth petitioner" means a  person  eligible  pursuant  to
    20  subdivision four of this section, who petitions the court for a youthful
    21  offender finding.
    22    §  2. Subdivisions 2, 3 and 4 of section 720.20 of the criminal proce-
    23  dure law are renumbered subdivisions 3, 4 and 5 respectively and  a  new
    24  subdivision 2 is added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05906-01-1
        S. 2224                             2

     1    2. Upon petition by an eligible youth petitioner, the court must order
     2  a  finding of fact in accordance with the criteria set forth in subdivi-
     3  sion four of section 720.10 of this article. After receipt  of  evidence
     4  in  support and contradiction to said criteria, the court must determine
     5  whether  the  person  meets  the  criteria.  If the court determines the
     6  person meets the criteria set  forth  in  subdivision  four  of  section
     7  720.10 of this article, the court must find the eligible youth petition-
     8  er is a youthful offender.
     9    § 3. Section 720.25 of the criminal procedure law, as added by chapter
    10  402 of the laws of 2014, is amended to read as follows:
    11  § 720.25 Youthful offender adjudication; certain exemptions.
    12    Notwithstanding any inconsistent provisions of law:
    13    1.  where  the  court  is required to find that a person is a youthful
    14  offender pursuant to section 170.80 of this chapter, the fact that  such
    15  person  has previously been convicted of a crime or adjudicated a youth-
    16  ful offender shall not prevent such  person  from  being  adjudicated  a
    17  youthful offender as required by such section; [and]
    18    2. a youthful offender adjudication pursuant to section 170.80 of this
    19  chapter  shall  not  be considered in determining whether a person is an
    20  eligible youth, or in determining whether to find a  person  a  youthful
    21  offender, in any subsequent youthful offender adjudication; and
    22    3.  where  the  court  is required to find that a person is a youthful
    23  offender pursuant to sections 720.10 and 720.20  of  this  chapter,  the
    24  person  shall have a youthful offender sentence imposed if they have not
    25  completed their sentence for the conviction that is the subject of their
    26  petition, and the person shall receive all other provisions and benefits
    27  of the youthful  offender  adjudication  wherever  such  provisions  can
    28  reasonably be so applied.
    29    § 4. This act shall take effect on the first of November next succeed-
    30  ing the date on which it shall have become a law.