Bill Text: NY S03475 | 2015-2016 | General Assembly | Introduced


Bill Title: Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S03475 Detail]

Download: New_York-2015-S03475-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3475
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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
         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
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