Denies eligibility for youthful offender treatment upon conviction of a class B violent felony, unless the court determines that such person was a minor participant in the crime or that mitigating circumstances exist which bear directly upon the manner in which the crime was committed.
STATE OF NEW YORK
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3078
2013-2014 Regular Sessions
IN SENATE
January 29, 2013
___________
Introduced by Sen. YOUNG -- 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 eligibility
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. Subdivisions 2 and 3 of section 720.10 of the criminal
2 procedure law, subdivision 2 as amended by chapter 416 of the laws of
3 1986, paragraph (a) of subdivision 2 as amended by chapter 316 of the
4 laws of 2006 and subdivision 3 as amended by chapter 264 of the laws of
5 2003, are amended to read as follows:
6 2. "Eligible youth" means a youth who is eligible to be found a youth-
7 ful offender. Every youth is so eligible unless:
8 (a) the conviction to be replaced by a youthful offender finding is
9 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
10 defined in subdivision forty-one of section 1.20, except as provided in
11 subdivision three, or (iii) [rape in the first degree, criminal sexual
12 act in the first degree, or aggravated sexual abuse] a class B violent
13 felony offense as defined in paragraph (a) of subdivision one of section
14 70.02 of the penal law, except as provided in subdivision three, or
15 (b) such youth has previously been convicted and sentenced for a felo-
16 ny, or
17 (c) such youth has previously been adjudicated a youthful offender
18 following conviction of a felony or has been adjudicated on or after
19 September first, nineteen hundred seventy-eight a juvenile delinquent
20 who committed a designated felony act as defined in the family court
21 act.
22 3. Notwithstanding the provisions of subdivision two, a youth who has
23 been convicted of an armed felony offense or [of rape in the first
24 degree, criminal sexual act in the first degree, or aggravated sexual
25 abuse] a class B violent felony offense is an eligible youth if the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06955-01-3
S. 3078 2
1 court determines that one or more of the following factors exist: (i)
2 mitigating circumstances that bear directly upon the manner in which the
3 crime was committed; or (ii) where the defendant was not the sole
4 participant in the crime, the defendant's participation was relatively
5 minor although not so minor as to constitute a defense to the prose-
6 cution. Where the court determines that the eligible youth is a youthful
7 offender, the court shall make a statement on the record of the reasons
8 for its determination, a transcript of which shall be forwarded to the
9 state division of criminal justice services, to be kept in accordance
10 with the provisions of subdivision three of section eight hundred thir-
11 ty-seven-a of the executive law.
12 § 2. This act shall take effect on the first of November next succeed-
13 ing the date on which it shall have become a law; provided, however,
14 that the provisions of this act shall apply only to offenses committed
15 on or after such effective date.
