Reforms youthful offender laws so that a person who commits a violent offense within 5 years of a youthful offender adjudication is treated as a repeat felon; removes the confidentiality of such youthful offender adjudication records.
STATE OF NEW YORK
________________________________________________________________________
6454
2011-2012 Regular Sessions
IN ASSEMBLY
March 17, 2011
___________
Introduced by M. of A. JOHNS, GIGLIO -- Multi-Sponsored by -- M. of A.
BURLING, CALHOUN, CROUCH, GOODELL, GRAF, KATZ, LOSQUADRO, MURRAY,
N. RIVERA, TEDISCO -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to treatment of
certain youthful offenders as repeat felons
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 720.35 of the criminal procedure
2 law, as amended by chapter 452 of the laws of 1992, is amended to read
3 as follows:
4 1. A youthful offender adjudication is not a judgment of conviction
5 for a crime or any other offense, and does not operate as a disquali-
6 fication of any person so adjudged to hold public office or public
7 employment or to receive any license granted by public authority but
8 shall be deemed a conviction [only] (a) for the purposes of transfer of
9 supervision and custody pursuant to section two hundred fifty-nine-m of
10 the executive law or (b) for the purpose of determining whether the
11 person is subject to sentence pursuant to section 70.04, 70.06, 70.08 or
12 70.10 of the penal law, whenever the person has committed a violent
13 felony offense, as defined in subdivision one of section 70.02 of the
14 penal law, within five years of the date on which he or she was adjudi-
15 cated a youthful offender for a felony offense, and has been convicted
16 of such violent felony offense.
17 § 2. Section 720.35 of the criminal procedure law is amended by adding
18 a new subdivision 5 to read as follows:
19 5. Notwithstanding subdivision two of this section, whenever a person
20 stands convicted of a violent felony offense committed within five years
21 of the date on which he or she is adjudicated a youthful offender for a
22 felony offense, all records pertaining to the youthful offender adjudi-
23 cation shall no longer be confidential.
24 § 3. This act shall take effect on the first of November next succeed-
25 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09256-01-1
