Bill Text: NY A05293 | 2025-2026 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-12 - referred to codes [A05293 Detail]
Download: New_York-2025-A05293-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5293 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. WALKER -- read once and referred 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 as19defined in subdivision forty-one of section 1.20, except as provided in20subdivision three, or (iii)] rape in the first degree, a crime formerly 21 defined in section 130.50 of the penal law, or the crime of aggravated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08479-01-5A. 5293 2 1 sexual abuse, except as provided in subdivision three of this section, 2 or 3 (b) such youth has previously been convicted and sentenced for a felo- 4 ny[, or5(c) such youth has previously been adjudicated a youthful offender6following conviction of a felony or has been adjudicated on or after7September first, nineteen hundred seventy-eight a juvenile delinquent8who committed a designated felony act as defined in the family court9act]. 10 3. Notwithstanding the provisions of subdivision two of this section, 11 a youth who has been convicted of [an armed felony offense or of] rape 12 in the first degree, criminal sexual act in the first degree, or aggra- 13 vated sexual abuse is an eligible youth if the court determines that 14 [one or more of the following factors exist:] the interest of justice 15 would be served by relieving the youth from the onus of a criminal 16 record and by not imposing an indeterminate sentence of more than four 17 years. In making such determination, the court shall weigh the follow- 18 ing factors: (i) the circumstances and seriousness of the offense with 19 due regard to the extent of the harm caused by it; (ii) any mitigating 20 circumstances that bear [directly upon] on the manner in which the crime 21 was committed; [or (ii)] (iii) where the [defendant] youth was not the 22 sole participant in the crime, the [defendant's participation was rela-23tively minor although not so minor as to constitute a defense to the24prosecution] level and extent of the defendant's direct involvement in 25 the criminal activity; (iv) the history and background of the youth; and 26 (v) prospects for rehabilitation of the youth or opportunities for 27 interventions that would assist the youth in leading a law-abiding life. 28 Where the court determines that the eligible youth is a youthful offen- 29 der, the court shall make a statement on the record of the reasons for 30 its determination, a transcript of which shall be forwarded to the state 31 division of criminal justice services, to be kept in accordance with the 32 provisions of subdivision three of section eight hundred thirty-seven-a 33 of the executive law. 34 4. "Youthful offender finding" means a finding, substituted for the 35 conviction of an eligible youth, pursuant to a determination that the 36 eligible youth is a youthful offender. 37 5. "Youthful offender sentence" means the sentence imposed upon a 38 youthful offender finding. 39 6. "Youthful offender adjudication". A youthful offender adjudication 40 is comprised of a youthful offender finding and the youthful offender 41 sentence imposed thereon and is completed by imposition and entry of the 42 youthful offender sentence. 43 § 2. Subdivision 3 of section 720.15 of the criminal procedure law is 44 REPEALED. 45 § 3. Subdivision 1 of section 720.20 of the criminal procedure law, as 46 amended by chapter 652 of the laws of 1974, is amended to read as 47 follows: 48 1. Upon conviction of an eligible youth, the court must order a pre- 49 sentence investigation of the defendant. After receipt of a written 50 report of the investigation and at the time of pronouncing sentence the 51 court must determine whether or not the eligible youth is a youthful 52 offender. Such determination shall be in accordance with the following 53 criteria: 54 (a) If [in the opinion of the court the interest of justice would be55served by relieving the eligible] the eligible youth is charged with a 56 misdemeanor offense, a class D or E felony offense, a class C felony asA. 5293 3 1 described in subdivision one of section 160.10 of the penal law or any 2 offense contained in article two hundred twenty of the penal law other 3 than a class A-I or A-II felony offense, the court shall find that such 4 defendant is a youthful offender. 5 (b) In all other cases, except when the youth is charged with rape in 6 the first degree, and aggravated sexual abuse, there shall be a presump- 7 tion to grant youthful offender status to an eligible youth in order to 8 relieve such youth from the onus of a criminal record [and by not impos-9ing], other consequences of a criminal conviction, and the imposition of 10 an indeterminate term of imprisonment of more than four years[, the11court may, in its discretion, find the eligible youth is a youthful12offender; and13(b) Where the conviction is had in a local criminal court and the14eligible youth had not prior to commencement of trial or entry of a plea15of guilty been convicted of a crime or found a youthful offender, the16court must find he is a youthful offender]. Upon motion of not less 17 than seven days' notice, the prosecutor may challenge the presumption to 18 grant youthful offender status. The court shall grant youthful offender 19 status unless the prosecutor rebuts the presumption and establishes by 20 clear and convincing evidence that the criteria set forth in subdivision 21 two of section 720.10 of this article require that youthful offender 22 status be denied. 23 § 4. Section 720.35 of the criminal procedure law, as added by chapter 24 981 of the laws of 1971, subdivision 1 as amended by chapter 23 of the 25 laws of 2021, subdivisions 2 and 4 as amended by section 87 of subpart B 26 of part C of chapter 62 of the laws of 2011 and subdivision 3 as amended 27 by chapter 181 of the laws of 2000, is amended to read as follows: 28 § 720.35 Youthful offender adjudication; effect thereof; records. 29 1. A youthful offender or young adult adjudication is not a judgment 30 of conviction for a crime or any other offense, and does not operate as 31 a disqualification of any person so adjudged to hold public office or 32 public employment or to receive any license granted by public authority 33 but shall be deemed a conviction only for the purposes of transfer of 34 supervision and custody pursuant to section two hundred fifty-nine-m of 35 the executive law. A defendant for whom a youthful offender adjudication 36 was substituted, who was originally charged with prostitution as defined 37 in section 230.00 of the penal law, shall be deemed a "sexually 38 exploited child" as defined in subdivision one of section four hundred 39 forty-seven-a of the social services law and therefore shall not be 40 considered an adult for purposes related to the charges in the youthful 41 offender proceeding or a proceeding under section 170.80 of this chap- 42 ter. 43 2. Except where specifically required or permitted by statute or upon 44 specific authorization of the court, all official records and papers, 45 whether on file with the court, a police agency or the division of crim- 46 inal justice services, relating to a case involving a youth or young 47 adult who has been adjudicated a youthful offender or granted a young 48 adult status finding, are confidential and may not be made available to 49 any person or public or private agency, other than the designated educa- 50 tional official of the public or private elementary or secondary school 51 in which the youth or young adult is enrolled as a student provided that 52 such local educational official shall only have made available a notice 53 of such adjudication and shall not have access to any other official 54 records and papers, such youth or young adult or such youth's or young 55 adult's designated agent (but only where the official records and papers 56 sought are on file with a court and request therefor is made to thatA. 5293 4 1 court or to a clerk thereof), an institution to which such youth or 2 young adult has been committed, the department of corrections and commu- 3 nity supervision and a probation department of this state that requires 4 such official records and papers for the purpose of carrying out duties 5 specifically authorized by law; provided, however, that information 6 regarding an order of protection or temporary order of protection issued 7 pursuant to section 530.12 of this chapter or a warrant issued in 8 connection therewith may be maintained on the statewide automated order 9 of protection and warrant registry established pursuant to section two 10 hundred twenty-one-a of the executive law during the period that such 11 order of protection or temporary order of protection is in full force 12 and effect or during which such warrant may be executed. Such confiden- 13 tial information may be made available pursuant to law only for purposes 14 of adjudicating or enforcing such order of protection or temporary order 15 of protection and, where provided to a designated educational official, 16 as defined in section 380.90 of this chapter, for purposes related to 17 the execution of the student's educational plan, where applicable, 18 successful school adjustment and reentry into the community. Such 19 notification shall be kept separate and apart from such student's school 20 records and shall be accessible only by the designated educational offi- 21 cial. Such notification shall not be part of such student's permanent 22 school record and shall not be appended to or included in any documenta- 23 tion regarding such student and shall be destroyed at such time as such 24 student is no longer enrolled in the school district. At no time shall 25 such notification be used for any purpose other than those specified in 26 this subdivision. 27 3. If a youth or young adult who has been adjudicated a youthful 28 offender or granted a young adult status finding is enrolled as a 29 student in a public or private elementary or secondary school the court 30 that has [adjudicated the youth as a] made the youthful offender or 31 young adult adjudication shall provide notification of such adjudication 32 to the designated educational official of the school in which such youth 33 or young adult is enrolled as a student. Such notification shall be 34 used by the designated educational official only for purposes related to 35 the execution of the student's educational plan, where applicable, 36 successful school adjustment and reentry into the community. Such 37 notification shall be kept separate and apart from such student's school 38 records and shall be accessible only by the designated educational offi- 39 cial. Such notification shall not be part of such student's permanent 40 school record and shall not be appended to or included in any documenta- 41 tion regarding such student and shall be destroyed at such time as such 42 student is no longer enrolled in the school district. At no time shall 43 such notification be used for any purpose other than those specified in 44 this subdivision. 45 4. Notwithstanding subdivision two of this section, whenever a person 46 is adjudicated a youthful offender or granted young adult status and the 47 conviction that was vacated and replaced by the youthful offender or 48 young adult status finding was for a sex offense as that term is defined 49 in article ten of the mental hygiene law, all records pertaining to the 50 youthful offender or young adult adjudication shall be included in those 51 records and reports that may be obtained by the commissioner of mental 52 health or the commissioner of developmental disabilities, as appropri- 53 ate; the case review panel; and the attorney general pursuant to section 54 10.05 of the mental hygiene law.A. 5293 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 [an10eligible youth, as defined in subdivision two of section 720.10, may11plea to a class B felony, upon consent of the district attorney, for12purposes 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.A. 5293 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 actionA. 5293 7 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 notA. 5293 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.A. 5293 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 was31entered pursuant to paragraph (b) of subdivision one of section 720.2032of 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 a39sentence of conditional discharge or unconditional discharge if the40youthful offender finding was substituted for a conviction of a felony41defined 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 sectionA. 5293 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 criminal7court] 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 the10trial been convicted of a crime or adjudicated a youthful offender must11be] 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.
