Bill Text: NY A04432 | 2023-2024 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to codes [A04432 Detail]

Download: New_York-2023-A04432-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4432

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
          tee 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
        A. 4432                             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.