Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to codes returned to senate died in assembly |
Jun 09, 2023 |
referred to codes delivered to assembly passed senate |
Jun 08, 2023 |
ordered to third reading cal.1794 committee discharged and committed to rules |
Jan 09, 2023 |
referred to codes |
Senate Bill S961
2023-2024 Legislative Session
Sponsored By
(D) 36th Senate District
Current Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2023-S961 (ACTIVE) - Details
2023-S961 (ACTIVE) - Sponsor Memo
BILL NUMBER: S961 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to youthful offender determinations SUMMARY OF PROVISIONS: This legislation will alter the current practice in which defendants who are ages 16, 17, or 18 are considered for Youthful Offender status. A defendant who is a first-time offender and is charged with a misdemeanor in a local court will, upon guilty plea or conviction, have the conviction replaced automatically and receive a Youthful Offender adju- dication. In contrast, the same first-time offender who is charged with a misdemeanor in superior court (county or supreme) will, upon guilty plea or conviction, not automatically receive a Youthful Offender adju- dication. This legislation will require that both classes of youthful defendants be treated the same in relation to eligibility for Youthful Offender status. It will require a defendant in a superior court who is found guilty of a misdemeanor, either by guilty plea or after trial, be adjudicated a Youthful Offender.
2023-S961 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 961 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ Introduced by Sen. BAILEY -- 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 youthful offender determinations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 720.20 of the criminal procedure law, as amended by chapter 652 of the laws of 1974, is amended to read as follows: 1. Upon conviction of an eligible youth, the court must order a pre- sentence investigation of the defendant. After receipt of a written report of the investigation and at the time of pronouncing sentence the court must determine whether or not the eligible youth is a youthful offender. Such determination shall be in accordance with the following criteria: (a) If in the opinion of the court the interest of justice would be served by relieving the eligible youth from the onus of a criminal record and by not imposing an indeterminate term of imprisonment of more than four years, the court may, in its discretion, find the eligible youth is a youthful offender; and (b) Where the conviction is [had in a local criminal court and] FOR A MISDEMEANOR AND PROVIDED the eligible youth had not prior to commence- ment of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court must find he is a youthful offen- der. § 2. This act shall take effect immediately and apply to criminal convictions of eligible youths entered into on and after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00756-01-3
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