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A09145 Summary:

BILL NOA09145
 
SAME ASSAME AS S00961
 
SPONSORGibbs
 
COSPNSRAubry, Shimsky, Forrest, Taylor, Epstein, Weprin
 
MLTSPNSR
 
Amd §720.20, CP L
 
Relates to conferring youthful offender status upon conviction of an eligible youth for a misdemeanor.
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A09145 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9145
 
SPONSOR: Gibbs
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to youthful offender determinations   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to bring parity between local courts and superior courts by removing the requirement that first-time youthful defendants are convicted in a local criminal court and replacing it with a requirement that the conviction must be for a misdemeanor to automat- ically be granted youthful offender status.   SUMMARY OF PROVISIONS: Section 1. Amends Subdivision 1 of section 720.20 of the criminal proce- dure law, as amended by chapter 652 of the laws of 1974, to replace the requirement that a "conviction is had in local criminal court" with the requirement that the conviction be "for a misdemeanor" offense for a youthful defendant to automatically be granted youthful offender status. Section 2. Sets that this act shall take effect immediately and apply to criminal convictions of eligible youths entered into on and after such date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION: A young person-age 16, 17 or 18-who commits a crime maybe adjudicated a Youthful Offender and punished. This status removes the criminal label from the youth, allowing the person to not acquire a criminal record and label that would otherwise stay with the person through life. Youthful Offender status is required with a first-time offender who commits a misdemeanor; but the treatment differs, depending on the court in which the case is handled. Currently, when a first-time youthful misdemeanor defendant is convicted in a local court (justice or city court), the judge must grant youthful offender status. If the youth is charged in a superior court (county or supreme court), upon a conviction for a misde- meanor, the judge has discretion on whether to grant the status. This differential in treatment makes little sense. Whether the first-time youthful misdemeanor defendant is convicted in a local or a superior court, the person should be treated the same, including receiving Youthful Offender status automatically if the person is a first-time offender. This legislation would have no effect upon a person, age 1618, who is convicted of a felony. With such a person, the sentencing judge has discretion on whether to grant Youthful Offender status.   PRIOR LEGISLATIVE HISTORY: 2024 A742 (Joyner) - ordered to third reading cal.25 2023 A742 (Joyner) - reported from codes, referred to rules, reported from rules, ordered to third reading rules cal.181 2022 A5752 (Joyner) - ordered to third reading cal.187 2021 A5752 (Joyner) - reported from codes, referred to rules, reported from rules, ordered to third reading rules cal.567 2020 A718 (Joyner) - ordered to third reading cal.37 2019 A718 (Joyner) - reported from codes, advanced to third reading cal.127 2018 A2480 (Joyner) - ordered to third reading cal.198 2017 A2480 (Joyner) - reported from codes, referred to rules, reported from rules, ordered to third reading rules cal.87 2016 A7212 (Joyner) - returned to Assembly, ordered to third reading cal.274 2015 A7212 (Joyner) - reported from codes, referred to rules, reported from rules, ordered to third reading rules cal.143, passed Assembly, died in Senate   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately and apply to criminal convictions of eligible youths entered into on and after such date.
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A09145 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9145
 
                   IN ASSEMBLY
 
                                    February 8, 2024
                                       ___________
 
        Introduced  by  M. of A. GIBBS, AUBRY, SHIMSKY, FORREST, TAYLOR, EPSTEIN
          -- read once and referred 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.
                                                                   LBD00756-01-3
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