Amd §§720.10, 720.15 & 720.20, rpld §720.10 sub 2 ¶(c), CP L
Increases the age of a person from nineteen to twenty-two to be deemed a youth for youthful offender status and provides that there is a presumption of such status unless the interest of justice requires otherwise and proper notice is given.
STATE OF NEW YORK
________________________________________________________________________
4743--B
Cal. No. 339
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
___________
Introduced by M. of A. O'DONNELL, JAFFEE, PERRY, ZEBROWSKI, MOSLEY --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- ordered to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the criminal procedure law, in relation to granting
certain individuals youthful offender status; and to repeal certain
provisions of such law relating thereto
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 § 2. Paragraph (c) of subdivision 2 of section 720.10 of the criminal
10 procedure law is REPEALED.
11 § 3. Subdivision 3 of section 720.15 of the criminal procedure law, as
12 amended by chapter 774 of the laws of 1985, is amended to read as
13 follows:
14 3. The provisions of subdivisions one and two of this section requir-
15 ing or authorizing the accusatory instrument filed against a youth to be
16 sealed, and the arraignment and all proceedings in the action to be
17 conducted in private shall not apply in connection with a pending charge
18 of committing any felony sex offense as defined in the penal law. [The
19 provisions of subdivision one requiring the accusatory instrument filed
20 against a youth to be sealed shall not apply where such youth has previ-
21 ously been adjudicated a youthful offender or convicted of a crime.]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07161-06-7
A. 4743--B 2
1 § 4. Subdivision 1 of section 720.20 of the criminal procedure law, as
2 amended by chapter 652 of the laws of 1974, is amended to read as
3 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 the
16 eligible youth had not prior to commencement of trial or entry of a plea
17 of guilty been convicted of a crime or found a youthful offender, the
18 court must find he is a youthful offender; and
19 (c) There shall be a presumption to grant youthful offender status to
20 an eligible youth, unless the district attorney upon motion with not
21 less than seven days notice to such person or his or her attorney demon-
22 strates to the satisfaction of the court that the interests of justice
23 require otherwise.
24 § 5. This act shall take effect immediately; provided, however, that
25 section three of this act shall take effect on the thirtieth day after
26 it shall have become a law.
