Relates to the "juvenile offender second chance act" which establishes the ability for a person to be adjudicated to be a youthful offender and receive all provisions and benefits of being a youthful offender.
STATE OF NEW YORK
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4915
2023-2024 Regular Sessions
IN SENATE
February 17, 2023
___________
Introduced by Sen. 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, in relation to the "juvenile
offender second chance act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 4, 5 and 6 of section 720.10 of the criminal
2 procedure law, as renumbered by chapter 481 of the laws of 1978, are
3 renumbered subdivisions 5, 6 and 7 respectively and two new subdivisions
4 4 and 8 are added to read as follows:
5 4. Notwithstanding the provisions of subdivision two or three of this
6 section, a person seeking relief pursuant to subdivision two-a of
7 section 720.20 of this article, is an eligible youth if they meet the
8 following criteria:
9 (a) the person was convicted or sentenced as a juvenile offender as
10 defined in subdivision forty-two of section 1.20 of this chapter;
11 (b) the person is at least twenty-six years old;
12 (c) the person has not been convicted or sentenced for another felony;
13 (d) the person has not been convicted or sentenced for more than one
14 other misdemeanor;
15 (e) the person is not registered as a level three sex offender pursu-
16 ant to section one hundred sixty-eight-l of the correction law; and
17 (f) the person is not currently under strict intensive supervisions or
18 civil commitment pursuant to article ten of the mental hygiene law.
19 8. "Eligible youth petitioner" means a person eligible pursuant to
20 subdivision four of this section, who petitions the court for a youthful
21 offender finding.
22 § 2. Section 720.20 of the criminal procedure law is amended by adding
23 a new subdivision 2-a to read as follows:
24 2-a. Upon petition by an eligible youth petitioner, the court must
25 order a finding of fact in accordance with the criteria set forth in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03129-01-3
S. 4915 2
1 subdivision four of section 720.10 of this article. After receipt of
2 evidence in support and contradiction to said criteria, the court must
3 determine whether the person meets the criteria. If the court determines
4 the person meets the criteria set forth in subdivision four of section
5 720.10 of this article, the court must find the eligible youth petition-
6 er is a youthful offender.
7 § 3. Section 720.25 of the criminal procedure law, as added by chapter
8 402 of the laws of 2014, is amended to read as follows:
9 § 720.25 Youthful offender adjudication; certain exemptions.
10 Notwithstanding any inconsistent provisions of law:
11 1. where the court is required to find that a person is a youthful
12 offender pursuant to section 170.80 of this chapter, the fact that such
13 person has previously been convicted of a crime or adjudicated a youth-
14 ful offender shall not prevent such person from being adjudicated a
15 youthful offender as required by such section; [and]
16 2. a youthful offender adjudication pursuant to section 170.80 of this
17 chapter shall not be considered in determining whether a person is an
18 eligible youth, or in determining whether to find a person a youthful
19 offender, in any subsequent youthful offender adjudication; and
20 3. where the court is required to find that a person is a youthful
21 offender pursuant to sections 720.10 and 720.20 of this chapter, the
22 person shall have a youthful offender sentence imposed if they have not
23 completed their sentence for the conviction that is the subject of their
24 petition, and the person shall receive all other provisions and benefits
25 of the youthful offender adjudication wherever such provisions can
26 reasonably be so applied.
27 § 4. This act shall take effect on the first of November next succeed-
28 ing the date on which it shall have become a law.
