A01794 Summary:

BILL NO    A01794 

SAME AS    SAME AS S06524

SPONSOR    O'Donnell (MS)

COSPNSR    Jaffee, Clark, Perry

MLTSPNSR   

Amd S720.10, CP L

Increases the age of a person from nineteen to twenty-two to be deemed a youth
for youthful offender status.
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A01794 Actions:

BILL NO    A01794 

01/09/2013 referred to codes
06/12/2013 reported referred to rules
01/08/2014 referred to codes
06/03/2014 reported referred to rules
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A01794 Votes:

There are no votes for this bill in this legislative session.
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A01794 Memo:

BILL NUMBER:A1794

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to increasing the age of a person deemed a youth for  youthful  offender
status

PURPOSE  OR  GENERAL  IDEA  OF BILL:   This bill would change the age of
eligibility for youthful offenders, making older teenagers and those who
were twenty or twenty-one at the time the crime was  committed  eligible
for youthful offender treatment.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision one of Criminal Procedure Law
section  720.10  by  changing  the upper age of eligibility for youthful
offender treatment from less than nineteen" to "less than twenty-two."

Section 2 is the effective date, which is 60 days after the  bill  shall
have become a law.

JUSTIFICATION:    As the United States Supreme Court recognized in Roger
v. Simms, 543 U.S. 551 (2005), adolescents and teenagers differ  signif-
icantly  from  adults  with  respect  to  characteristics that lead to a
conclusion that juveniles have diminished culpability.  Youth  are  less
mature and have an underdeveloped sense of responsibility; they are more
vulnerable  to  outside  pressures,  including  peer pressure, and.other
negative influences; and their characters are less well formed and still
developing. Id. at 569-570. Youthful offender  status  recognizes  those
differences  and  provides  a mechanism for different treatment of young
offenders when appropriate. In light of the  research  discussed  below,
eligibility  for youthful offender treatment should be extended to those
who were less than twenty-two at the time the crime was committed.

Studies reviewed and summarized by  the  National  Conference  of  State
Legislatures support a conclusion that the neurobiological, psychosocial
and developmental differences between juveniles and adults continue into
the late teens and early twenties. A longitudinal study conducted by the
chief  of  Brain  Imaging in the Child Psychiatry Branch of the National
institute of Mental Health concluded that the average human brain is not
fully developed until age 25; critically, the  frontal  lobe,  which  is
responsible  for  functions  such  as  advanced  cognition,  controlling
impulses and judging consequences, continues to develop into  the  early
twenties.    The  MacArthur  Foundation  has  conducted psychosocial and
developmental research that corroborates the neurobiological findings.

PRIOR LEGISLATIVE HISTORY:

A.10267 (2012), referred to Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: To take effect 60 days after the bill shall have  become
a law.
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A01794 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1794

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of A. O'DONNELL, JAFFEE -- read once and referred to
         the Committee on Codes

       AN ACT to amend the criminal procedure law, in  relation  to  increasing
         the age of a person deemed a youth 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. 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  was at least sixteen years old and less than [nine-
    6  teen] TWENTY-TWO years old or a person charged  with  being  a  juvenile
    7  offender  as  defined  in  subdivision forty-two of section 1.20 of this
    8  chapter.
    9    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   10  have become a law.





        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01673-01-3
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