Bill Text: NY S03045 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that eligible youth who were not given youthful offender status by the court be eligible for conviction sealing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S03045 Detail]

Download: New_York-2023-S03045-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3045

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 27, 2023
                                       ___________

        Introduced  by  Sen.  MYRIE  -- 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  eligibility
          for conviction sealing for eligible youth

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 720.20 of the criminal procedure law is amended  by
     2  adding a new subdivision 6 to read as follows:
     3    6.  (a) Notwithstanding any other law, where an eligible youth was not
     4  determined to be a youthful offender by the court pursuant  to  subdivi-
     5  sion one of this section, but was otherwise eligible to be determined to
     6  be  a  youthful offender pursuant to this article, such individual shall
     7  be eligible to apply for conviction sealing in accordance  with  section
     8  160.59  of this chapter. An "eligible offense" for such individual shall
     9  include any crime defined in the laws of this state  other  than  (i)  a
    10  class  A-I  or  class A-II felony, or (ii) an armed felony as defined in
    11  subdivision forty-one  of  section  1.20  of  this  chapter,  except  as
    12  provided  in  paragraph (b) of this subdivision, or (iii) an offense for
    13  which registration as a sex offender is  required  pursuant  to  article
    14  six-C of the correction law.
    15    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    16  sion, an eligible youth who  has  been  convicted  of  an  armed  felony
    17  offense is eligible for conviction sealing pursuant to section 160.59 of
    18  this  chapter if the sentencing judge, or county or supreme court deter-
    19  mines that one or more of the following factors  exist:  (i)  mitigating
    20  circumstances  that bear directly upon the manner in which the crime was
    21  committed; or (ii) where the defendant was not the sole  participant  in
    22  the  crime,  the defendant's participation was relatively minor although
    23  not so minor as to constitute a defense to the prosecution.
    24    (c) An eligible youth who has previously applied for conviction  seal-
    25  ing  under  section  160.59  of  this  chapter, but was denied, shall be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00784-01-3
        S. 3045                             2

     1  permitted to reapply for such sealing pursuant to the provisions of this
     2  subdivision.
     3    § 2. This act shall take effect immediately.