Bill Text: NY S05893 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to conferring youthful offender status upon conviction of an eligible youth for a misdemeanor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S05893 Detail]

Download: New_York-2017-S05893-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5893
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 5, 2017
                                       ___________
        Introduced  by  Sen.  BAILEY -- 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 determinations
          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 720.20 of the  criminal  procedure
     2  law,  as  amended by chapter 652 of the laws of 1974, is amended to read
     3  as follows:
     4    1.  Upon conviction of an eligible youth, the court must order a  pre-
     5  sentence  investigation  of  the defendant.   After receipt of a written
     6  report of the investigation and at the time of pronouncing sentence  the
     7  court  must  determine  whether  or not the eligible youth is a youthful
     8  offender.  Such determination shall be in accordance with the  following
     9  criteria:
    10    (a)    If in the opinion of the court the interest of justice would be
    11  served by relieving the eligible youth  from  the  onus  of  a  criminal
    12  record and by not imposing an indeterminate term of imprisonment of more
    13  than  four  years,  the  court may, in its discretion, find the eligible
    14  youth is a youthful offender; and
    15    (b)  Where the conviction is [had in a local criminal court and] for a
    16  misdemeanor and provided the eligible youth had not prior  to  commence-
    17  ment  of trial or entry of a plea of guilty been convicted of a crime or
    18  found a youthful offender, the court must find he is a  youthful  offen-
    19  der.
    20    §  2.  This  act  shall  take effect immediately and apply to criminal
    21  convictions of eligible youths entered into on and after such date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06713-01-7