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.
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