Rpld §720.15 sub 3, amd CP L, generally; amd §§60.00, 60.02, 80.00 & 80.05, Pen L
Relates to granting certain individuals youthful offender status; adds a new category of individuals eligible for young adult offender status; provides for process and sentencing requirements related to such statuses.
STATE OF NEW YORK
________________________________________________________________________
4330
2025-2026 Regular Sessions
IN SENATE
February 4, 2025
___________
Introduced by Sens. MYRIE, BAILEY, BRISPORT, BROUK, CLEARE, FERNANDEZ,
GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL, PARKER, RAMOS, RIVERA,
SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to granting certain individuals youthful offender status; to
add a new category of individuals eligible for young adult offender
status; and to repeal certain provisions of the criminal procedure law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 720.10 of the criminal procedure law, as added by
2 chapter 981 of the laws of 1971, subdivision 1 as amended by chapter 411
3 of the laws of 1979, subdivision 2 as amended by chapter 416 of the laws
4 of 1986, paragraph (a) of subdivision 2 as amended by chapter 23 of the
5 laws of 2024, subdivision 3 as amended by chapter 264 of the laws of
6 2003, and subdivisions 4, 5 and 6 as renumbered by chapter 481 of the
7 laws of 1978, is amended to read as follows:
8 § 720.10 Youthful offender procedure; definition of terms.
9 As used in this article, the following terms have the following mean-
10 ings:
11 1. "Youth" means a person charged with a crime alleged to have been
12 committed when [he] such person was at least sixteen years old and less
13 than nineteen years old or a person charged with being a juvenile offen-
14 der as defined in subdivision forty-two of section 1.20 of this chapter.
15 2. "Eligible youth" means a youth who is eligible to be found a youth-
16 ful offender. Every youth is so eligible unless:
17 (a) the conviction to be replaced by a youthful offender finding is
18 for (i) a class A-I or class A-II felony, or (ii) [an armed felony as
19 defined in subdivision forty-one of section 1.20, except as provided in
20 subdivision three, or (iii)] rape in the first degree, a crime formerly
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08479-01-5
S. 4330 2
1 defined in section 130.50 of the penal law, or the crime of aggravated
2 sexual abuse, except as provided in subdivision three of this section,
3 or
4 (b) such youth has previously been convicted and sentenced for a felo-
5 ny[, or
6 (c) such youth has previously been adjudicated a youthful offender
7 following conviction of a felony or has been adjudicated on or after
8 September first, nineteen hundred seventy-eight a juvenile delinquent
9 who committed a designated felony act as defined in the family court
10 act].
11 3. Notwithstanding the provisions of subdivision two of this section,
12 a youth who has been convicted of [an armed felony offense or of] rape
13 in the first degree, criminal sexual act in the first degree, or aggra-
14 vated sexual abuse is an eligible youth if the court determines that
15 [one or more of the following factors exist:] the interest of justice
16 would be served by relieving the youth from the onus of a criminal
17 record and by not imposing an indeterminate sentence of more than four
18 years. In making such determination, the court shall weigh the follow-
19 ing factors: (i) the circumstances and seriousness of the offense with
20 due regard to the extent of the harm caused by it; (ii) any mitigating
21 circumstances that bear [directly upon] on the manner in which the crime
22 was committed; [or (ii)] (iii) where the [defendant] youth was not the
23 sole participant in the crime, the [defendant's participation was rela-
24 tively minor although not so minor as to constitute a defense to the
25 prosecution] level and extent of the defendant's direct involvement in
26 the criminal activity; (iv) the history and background of the youth; and
27 (v) prospects for rehabilitation of the youth or opportunities for
28 interventions that would assist the youth in leading a law-abiding life.
29 Where the court determines that the eligible youth is a youthful offen-
30 der, the court shall make a statement on the record of the reasons for
31 its determination, a transcript of which shall be forwarded to the state
32 division of criminal justice services, to be kept in accordance with the
33 provisions of subdivision three of section eight hundred thirty-seven-a
34 of the executive law.
35 4. "Youthful offender finding" means a finding, substituted for the
36 conviction of an eligible youth, pursuant to a determination that the
37 eligible youth is a youthful offender.
38 5. "Youthful offender sentence" means the sentence imposed upon a
39 youthful offender finding.
40 6. "Youthful offender adjudication". A youthful offender adjudication
41 is comprised of a youthful offender finding and the youthful offender
42 sentence imposed thereon and is completed by imposition and entry of the
43 youthful offender sentence.
44 § 2. Subdivision 3 of section 720.15 of the criminal procedure law is
45 REPEALED.
46 § 3. Subdivision 1 of section 720.20 of the criminal procedure law, as
47 amended by chapter 652 of the laws of 1974, is amended to read as
48 follows:
49 1. Upon conviction of an eligible youth, the court must order a pre-
50 sentence investigation of the defendant. After receipt of a written
51 report of the investigation and at the time of pronouncing sentence the
52 court must determine whether or not the eligible youth is a youthful
53 offender. Such determination shall be in accordance with the following
54 criteria:
55 (a) If [in the opinion of the court the interest of justice would be
56 served by relieving the eligible] the eligible youth is charged with a
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1 misdemeanor offense, a class D or E felony offense, a class C felony as
2 described in subdivision one of section 160.10 of the penal law or any
3 offense contained in article two hundred twenty of the penal law other
4 than a class A-I or A-II felony offense, the court shall find that such
5 defendant is a youthful offender.
6 (b) In all other cases, except when the youth is charged with rape in
7 the first degree, and aggravated sexual abuse, there shall be a presump-
8 tion to grant youthful offender status to an eligible youth in order to
9 relieve such youth from the onus of a criminal record [and by not impos-
10 ing], other consequences of a criminal conviction, and the imposition of
11 an indeterminate term of imprisonment of more than four years[, the
12 court may, in its discretion, find the eligible youth is a youthful
13 offender; and
14 (b) Where the conviction is had in a local criminal court and the
15 eligible youth had not prior to commencement of trial or entry of a plea
16 of guilty been convicted of a crime or found a youthful offender, the
17 court must find he is a youthful offender]. Upon motion of not less
18 than seven days' notice, the prosecutor may challenge the presumption to
19 grant youthful offender status. The court shall grant youthful offender
20 status unless the prosecutor rebuts the presumption and establishes by
21 clear and convincing evidence that the criteria set forth in subdivision
22 two of section 720.10 of this article require that youthful offender
23 status be denied.
24 § 4. Section 720.35 of the criminal procedure law, as added by chapter
25 981 of the laws of 1971, subdivision 1 as amended by chapter 23 of the
26 laws of 2021, subdivisions 2 and 4 as amended by section 87 of subpart B
27 of part C of chapter 62 of the laws of 2011 and subdivision 3 as amended
28 by chapter 181 of the laws of 2000, is amended to read as follows:
29 § 720.35 Youthful offender adjudication; effect thereof; records.
30 1. A youthful offender or young adult adjudication is not a judgment
31 of conviction for a crime or any other offense, and does not operate as
32 a disqualification of any person so adjudged to hold public office or
33 public employment or to receive any license granted by public authority
34 but shall be deemed a conviction only for the purposes of transfer of
35 supervision and custody pursuant to section two hundred fifty-nine-m of
36 the executive law. A defendant for whom a youthful offender adjudication
37 was substituted, who was originally charged with prostitution as defined
38 in section 230.00 of the penal law, shall be deemed a "sexually
39 exploited child" as defined in subdivision one of section four hundred
40 forty-seven-a of the social services law and therefore shall not be
41 considered an adult for purposes related to the charges in the youthful
42 offender proceeding or a proceeding under section 170.80 of this chap-
43 ter.
44 2. Except where specifically required or permitted by statute or upon
45 specific authorization of the court, all official records and papers,
46 whether on file with the court, a police agency or the division of crim-
47 inal justice services, relating to a case involving a youth or young
48 adult who has been adjudicated a youthful offender or granted a young
49 adult status finding, are confidential and may not be made available to
50 any person or public or private agency, other than the designated educa-
51 tional official of the public or private elementary or secondary school
52 in which the youth or young adult is enrolled as a student provided that
53 such local educational official shall only have made available a notice
54 of such adjudication and shall not have access to any other official
55 records and papers, such youth or young adult or such youth's or young
56 adult's designated agent (but only where the official records and papers
S. 4330 4
1 sought are on file with a court and request therefor is made to that
2 court or to a clerk thereof), an institution to which such youth or
3 young adult has been committed, the department of corrections and commu-
4 nity supervision and a probation department of this state that requires
5 such official records and papers for the purpose of carrying out duties
6 specifically authorized by law; provided, however, that information
7 regarding an order of protection or temporary order of protection issued
8 pursuant to section 530.12 of this chapter or a warrant issued in
9 connection therewith may be maintained on the statewide automated order
10 of protection and warrant registry established pursuant to section two
11 hundred twenty-one-a of the executive law during the period that such
12 order of protection or temporary order of protection is in full force
13 and effect or during which such warrant may be executed. Such confiden-
14 tial information may be made available pursuant to law only for purposes
15 of adjudicating or enforcing such order of protection or temporary order
16 of protection and, where provided to a designated educational official,
17 as defined in section 380.90 of this chapter, for purposes related to
18 the execution of the student's educational plan, where applicable,
19 successful school adjustment and reentry into the community. Such
20 notification shall be kept separate and apart from such student's school
21 records and shall be accessible only by the designated educational offi-
22 cial. Such notification shall not be part of such student's permanent
23 school record and shall not be appended to or included in any documenta-
24 tion regarding such student and shall be destroyed at such time as such
25 student is no longer enrolled in the school district. At no time shall
26 such notification be used for any purpose other than those specified in
27 this subdivision.
28 3. If a youth or young adult who has been adjudicated a youthful
29 offender or granted a young adult status finding is enrolled as a
30 student in a public or private elementary or secondary school the court
31 that has [adjudicated the youth as a] made the youthful offender or
32 young adult adjudication shall provide notification of such adjudication
33 to the designated educational official of the school in which such youth
34 or young adult is enrolled as a student. Such notification shall be
35 used by the designated educational official only for purposes related to
36 the execution of the student's educational plan, where applicable,
37 successful school adjustment and reentry into the community. Such
38 notification shall be kept separate and apart from such student's school
39 records and shall be accessible only by the designated educational offi-
40 cial. Such notification shall not be part of such student's permanent
41 school record and shall not be appended to or included in any documenta-
42 tion regarding such student and shall be destroyed at such time as such
43 student is no longer enrolled in the school district. At no time shall
44 such notification be used for any purpose other than those specified in
45 this subdivision.
46 4. Notwithstanding subdivision two of this section, whenever a person
47 is adjudicated a youthful offender or granted young adult status and the
48 conviction that was vacated and replaced by the youthful offender or
49 young adult status finding was for a sex offense as that term is defined
50 in article ten of the mental hygiene law, all records pertaining to the
51 youthful offender or young adult adjudication shall be included in those
52 records and reports that may be obtained by the commissioner of mental
53 health or the commissioner of developmental disabilities, as appropri-
54 ate; the case review panel; and the attorney general pursuant to section
55 10.05 of the mental hygiene law.
S. 4330 5
1 § 5. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2 220.30 of the criminal procedure law, as amended by chapter 410 of the
3 laws of 1979, is amended to read as follows:
4 (i) A plea of guilty, whether to the entire indictment or to part of
5 the indictment for any crime other than a class A felony, may not be
6 accepted on the condition that it constitutes a complete disposition of
7 one or more other indictments against the defendant wherein is charged a
8 class A-I felony as defined in article two hundred twenty of the penal
9 law or the attempt to commit any such class A-I felony, except that [an
10 eligible youth, as defined in subdivision two of section 720.10, may
11 plea to a class B felony, upon consent of the district attorney, for
12 purposes of adjudication as a youthful offender] this restriction shall
13 not apply to an eligible youth, as defined in subdivision two of section
14 720.10 of this chapter, or an eligible young adult, as defined in subdi-
15 vision two of section 721.10 of this chapter.
16 § 6. Subdivision 3 of section 420.30 of the criminal procedure law, as
17 amended by chapter 144 of the laws of 2020, is amended to read as
18 follows:
19 3. Restrictions. Except as provided for in subdivision two-a of
20 section 420.35 of this article, in no event shall a mandatory surcharge,
21 sex offender registration fee, DNA databank fee or crime victim assist-
22 ance fee be remitted. In no event shall such fees be imposed for a
23 juvenile offender, a youthful offender or a young adult status finding.
24 § 7. Subdivision 2 of section 420.35 of the criminal procedure law, as
25 amended by chapter 23 of the laws of 2021, is amended as follows:
26 2. Except as provided in this subdivision or subdivision two-a of this
27 section, under no circumstances shall the mandatory surcharge, sex
28 offender registration fee, DNA databank fee or the crime victim assist-
29 ance fee be waived. A court shall waive any mandatory surcharge, DNA
30 databank fee and crime victim assistance fee when: (i) the defendant is
31 convicted of prostitution under section 230.00 of the penal law; (ii)
32 the defendant is convicted of a violation in the event such conviction
33 is in lieu of a plea to or conviction for prostitution under section
34 230.00 of the penal law; (iii) the court finds that a defendant is a
35 victim of sex trafficking under section 230.34 of the penal law or a
36 victim of trafficking in persons under the trafficking victims
37 protection act (United States Code, Title 22, Chapter 78); [or] (iv) the
38 court finds that the defendant is a victim of sex trafficking of a child
39 under section 230.34-a of the penal law; or (v) the court determines
40 that the defendant is a youthful offender pursuant to article seven
41 hundred twenty of this chapter or the court grants the defendant young
42 adult status pursuant to article seven hundred twenty-one of this chap-
43 ter.
44 § 8. The criminal procedure law is amended by adding a new article 721
45 to read as follows:
46 ARTICLE 721
47 YOUNG ADULT STATUS
48 Section 721.10 Young adult status procedure; definition of terms.
49 721.15 Young adult status procedure; sealing of accusatory
50 instrument; privacy of proceedings; preliminary
51 instructions to jury.
52 721.20 Young adult status determination; when and how made;
53 procedure thereupon.
54 721.30 Young adult adjudication; post-judgment motions and
55 appeals.
56 721.35 Young adult adjudication; effect thereof; records.
S. 4330 6
1 § 721.10 Young adult status procedure; definition of terms.
2 As used in this article, the following terms have the following mean-
3 ings:
4 1. "Young adult" means a person charged with a crime alleged to have
5 been committed when such person was at least nineteen years old and less
6 than twenty-six years old.
7 2. "Eligible young adult" means a person who is at least nineteen
8 years old and less than twenty-six years old who is eligible for young
9 adult status. Every young adult is so eligible unless: (a) the
10 conviction to be replaced by young adult adjudication is for (i) a class
11 A-I or class A-II felony, or (ii) rape in the first degree, criminal
12 sexual act in the first degree, or aggravated sexual abuse, except as
13 provided in subdivision three of this section, or (b) such young adult
14 has previously been convicted and sentenced for a felony.
15 3. Notwithstanding the provisions of subdivision two of this section,
16 a young adult who has been convicted of rape in the first degree, crimi-
17 nal sexual act in the first degree, or aggravated sexual abuse is an
18 eligible youth if the court determines, without applying the presumption
19 defined in paragraph (b) of subdivision one of section 721.20 of this
20 article, that the interest of justice would be served by relieving the
21 young adult from the onus of a criminal record and by not imposing an
22 indeterminate sentence of more than four years. In making such determi-
23 nation, the court shall weigh the following factors:
24 (a) The circumstances and seriousness of the offense with due regard
25 to the extent of the harm caused by it.
26 (b) Any mitigating circumstances that bear on the manner in which the
27 crime was committed.
28 (c) Where the young adult was not the sole participant in the crime,
29 the level and extent of such young adult's direct involvement in the
30 criminal activity.
31 (d) The history and background of the young adult.
32 (e) Prospects for rehabilitation of the young adult or opportunities
33 for interventions that would assist the young adult in leading a law-a-
34 biding life.
35 Where the court makes a young adult status finding, the court shall
36 make a statement on the record of the reasons for its determination, a
37 transcript of which shall be forwarded to the state division of criminal
38 justice services, to be kept in accordance with the provisions of subdi-
39 vision three of section eight hundred thirty-seven-a of the executive
40 law.
41 4. "Young adult finding" means a finding, substituted for the
42 conviction of an eligible young adult, pursuant to a determination that
43 the eligible young adult shall be granted young adult status.
44 5. "Young adult sentence" means the sentence imposed upon a young
45 adult finding.
46 6. "Young adult adjudication" means an adjudication comprised of a
47 young adult finding and the young adult sentence imposed thereon and is
48 completed by imposition and entry of the young adult sentence.
49 § 721.15 Young adult status procedure; sealing of accusatory instrument;
50 privacy of proceedings; preliminary instructions to jury.
51 1. When an accusatory instrument against an apparently eligible young
52 adult is filed with a court, it shall be filed as a sealed instrument,
53 though only with respect to the public.
54 2. When an eligible young adult is initially arraigned upon an accusa-
55 tory instrument, such arraignment and all proceedings in the action
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1 thereafter may, in the discretion of the court and with the consent of
2 the accused, be conducted in private.
3 § 721.20 Young adult status determination; when and how made; procedure
4 thereupon.
5 1. Upon conviction of an eligible young adult, the court shall order a
6 pre-sentence investigation of the defendant. After receipt of a written
7 report of the investigation and at the time of pronouncing sentence the
8 court shall determine whether or not the eligible youth will receive
9 young adult status. Such determination shall be in accordance with the
10 following criteria:
11 (a) If the eligible young adult is charged with a misdemeanor offense,
12 the court shall grant such eligible young adult young adult status;
13 (b) In all other cases, except rape in the first degree, criminal
14 sexual act in the first degree, and aggravated sexual abuse, there shall
15 be a presumption to grant eligible young adult status to an eligible
16 young adult in order to relieve such young adult from the onus of a
17 criminal record, other consequences of a criminal conviction, and the
18 imposition of an indeterminate term of imprisonment of more than four
19 years. Upon motion on not less than seven days' notice, the prosecutor
20 may challenge the presumption to grant young adult status. The court
21 shall grant young adult status unless the prosecutor rebuts the presump-
22 tion and establishes by clear and convincing evidence that the criteria
23 set forth in subdivision two of section 721.10 of this article require
24 that young adult status be denied.
25 2. Where an eligible young adult is convicted of two or more crimes or
26 offenses set forth in separate counts of an accusatory instrument or set
27 forth in two or more accusatory instruments consolidated for trial
28 purposes, the court shall not grant such eligible young adult young
29 adult status with respect to any such conviction pursuant to subdivision
30 one of this section unless it grants young adult status with respect to
31 all such convictions.
32 3. Upon determining to grant young adult status, the court shall
33 direct that the conviction be deemed vacated and replaced by a young
34 adult status finding; and the court shall sentence the young adult
35 pursuant to section 60.02 of the penal law.
36 4. Upon determining that an eligible young adult shall not be granted
37 young adult status, the court shall order the accusatory instrument
38 unsealed and continue the action to judgment pursuant to the ordinary
39 rules governing criminal prosecutions.
40 § 721.30 Young adult adjudication; post-judgment motions and appeals.
41 The provisions of this chapter, governing the making and determination
42 of post-judgment motions and the taking and determination of appeals in
43 criminal cases, apply to post-judgment motions and appeals with respect
44 to young adult adjudications wherever such provisions can reasonably be
45 so applied.
46 § 721.35 Young adult adjudication; effect thereof; records.
47 1. A young adult adjudication is not a judgment of conviction for a
48 crime or any other offense, and does not operate as a disqualification
49 of any person so adjudged to hold public office or public employment or
50 to receive any license granted by public authority but shall be deemed a
51 conviction only for the purposes of transfer of supervision and custody
52 pursuant to section two hundred fifty-nine-m of the executive law.
53 2. Upon receipt of notification of a young adult adjudication, such
54 adjudication and all records thereof shall be sealed in the same manner
55 as defined in section 720.35 of this title; and such records shall not
S. 4330 8
1 be available except where specifically required by statute or upon
2 specific authorization by the court.
3 § 9. The criminal procedure law is amended by adding a new section
4 440.49 to read as follows:
5 § 440.49 Resentencing; youthful offender.
6 1. Any person under the age of twenty-six at the time the crime was
7 committed who was convicted of a misdemeanor or violation offense who
8 would have been considered an "eligible youth" pursuant to subdivision
9 two of section 720.10 of this chapter and an "eligible young adult"
10 pursuant to subdivision two of section 721.10 of this chapter after the
11 effective date of this section shall have their conviction automatically
12 replaced with a youthful offender adjudication or young adult offender
13 adjudication within six months of the statute's effective date. The
14 division of criminal justice services shall establish standards to
15 ensure that such process occurs automatically for all persons prior to
16 such six month deadline.
17 2. Any person under the age of twenty-six at the time the crime was
18 committed who would have been considered an "eligible youth" pursuant to
19 subdivision two of section 720.10 of this chapter and an "eligible young
20 adult" pursuant to subdivision two of section 721.10 of this chapter
21 after the effective date of this section, upon notice to the appropriate
22 district attorney, may petition to be resentenced to a youthful offender
23 adjudication or young adult offender adjudication in accordance with
24 articles seven hundred twenty and seven hundred twenty-one of this chap-
25 ter in the court which imposed such sentence. Even if a person is eligi-
26 ble for automatic youthful offender adjudication or young adult offender
27 adjudication sealing pursuant to subdivision one of this section, such
28 person may still petition the court for resentencing prior to the six
29 month period described in subdivision one of this section.
30 3. The court shall consider the factors outlined in subdivision two of
31 section 720.20 and subdivision two of section 721.20 of this chapter in
32 determining whether or not a person who would have been an eligible
33 youth may or shall be granted youthful offender status or young adult
34 offender status for the prior conviction.
35 (a) In cases where granting youthful offender status or young adult
36 offender status is discretionary and not required by paragraph (a) of
37 subdivision one of section 720.20 or paragraph (a) of subdivision one of
38 section 721.20 of this chapter, the court shall also consider any addi-
39 tional evidence presented by the person seeking resentencing, including:
40 (i) the amount of time that has elapsed since the petitioner's last
41 conviction;
42 (ii) the character of the petitioner, including any measures that such
43 petitioner has taken towards rehabilitation, such as participating in
44 treatment programs, work, or schooling, and participating in community
45 service or other volunteer programs;
46 (iii) the circumstances and seriousness of the offense for which the
47 petitioner is seeking relief;
48 (iv) the impact of sealing the petitioner's record upon such
49 petitioner's rehabilitation and upon such petitioner's successful and
50 productive reentry and reintegration into society; and
51 (v) the impact of collateral consequences of the conviction on the
52 petitioner and such petitioner's family.
53 (b) The district attorney may challenge the presumption to grant
54 youthful offender status pursuant to paragraph (b) of subdivision one of
55 section 720.20 and paragraph (b) of subdivision one of section 721.20 of
56 this chapter.
S. 4330 9
1 4. Subdivision one of section seven hundred seventeen and subdivision
2 four of section seven hundred twenty-two of the county law, and the
3 related provisions of article eighteen-A of such law shall apply to the
4 preparation and proceedings on motions pursuant to this section, includ-
5 ing any appeals.
6 § 10. Section 450.10 of the criminal procedure law is amended by
7 adding a new subdivision 6 to read as follows:
8 6. An order denying a motion, made pursuant to section 440.49 of this
9 title, for granting youthful offender or young adult status.
10 § 11. Subdivision 2 of section 60.00 of the penal law, as added by
11 chapter 481 of the laws of 1978, is amended and a new subdivision 3 is
12 added to read as follows:
13 2. The sole provision of this article that shall apply in the case of
14 an offense committed by a juvenile offender [is] or a defendant adjudi-
15 cated a youthful offender or young adult in section 60.10 of this arti-
16 cle and no other provisions of this article shall be deemed or construed
17 to apply in any such case.
18 3. The sole provisions of this article that may apply in the case of
19 an offense committed by a defendant adjudicated a youthful offender or
20 young adult status are sections 60.02 and 60.10-a of this article and no
21 other provisions of this article shall be deemed or construed to apply
22 in any such case.
23 § 12. Subdivisions 1 and 2 of section 60.02 of the penal law, as
24 amended by chapter 471 of the laws of 1980, are amended and a new subdi-
25 vision 3 is added to read as follows:
26 (1) If the sentence is to be imposed upon a youthful offender or young
27 adult status finding which has been substituted for a conviction of an
28 offense other than a felony, the court must impose a sentence authorized
29 for the offense for which the youthful offender or young adult finding
30 was substituted[, except that if the youthful offender finding was
31 entered pursuant to paragraph (b) of subdivision one of section 720.20
32 of the criminal procedure law,] where the conviction is for a misdemea-
33 nor the court must not impose a definite or intermittent sentence of
34 imprisonment with a term of more than six months; or
35 (2) If the sentence is to be imposed upon a youthful offender finding
36 which has been substituted for a conviction for any felony, the court
37 must impose a sentence authorized to be imposed upon a person convicted
38 of a class E felony [provided, however, that the court must not impose a
39 sentence of conditional discharge or unconditional discharge if the
40 youthful offender finding was substituted for a conviction of a felony
41 defined in article two hundred twenty of this chapter].
42 (3) If the sentence is to be imposed upon a young adult status finding
43 which has been substituted for a conviction for any felony, the court
44 shall impose a sentence authorized to be imposed upon a person convicted
45 of a class E felony.
46 § 13. Subdivision 4 of section 80.00 of the penal law, as amended by
47 chapter 338 of the laws of 1989, is amended to read as follows:
48 4. Exception. The provisions of this section shall not apply to a
49 corporation, or to a youthful offender finding as defined in section
50 720.10 of the criminal procedure law or young adult status finding as
51 defined in section 721.10 of the criminal procedure law.
52 § 14. Subdivision 6 of section 80.05 of the penal law is amended to
53 read as follows:
54 6. Exception. The provisions of this section shall not apply to a
55 corporation, or to a youthful offender finding as defined in section
S. 4330 10
1 720.10 of the criminal procedure law or young adult status finding as
2 defined in section 721.10 of the criminal procedure law.
3 § 15. Subdivision 4 of section 340.40 of the criminal procedure law,
4 as amended by chapter 806 of the laws of 2021, is amended to read as
5 follows:
6 4. Notwithstanding any other provision of law, [in any local criminal
7 court] the trial of a person who is an eligible youth within the meaning
8 of the youthful offender procedure set forth in article seven hundred
9 twenty of this chapter [and who has not prior to commencement of the
10 trial been convicted of a crime or adjudicated a youthful offender must
11 be] shall be a jury trial or, where the eligible youth has waived a jury
12 trial pursuant to section 320.10 of this part, a single judge trial.
13 § 16. This act shall take effect on the first of November next
14 succeeding the date on which it shall have become a law and shall apply
15 to any criminal case pending on such effective date.
