Assembly Bill A7212

2015-2016 Legislative Session

Relates to conferring youthful offender status upon conviction of an eligible youth for a misdemeanor

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Archive: Last Bill Status - On Floor Calendar

  • 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

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2015-A7212 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง720.20, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2480
2019-2020: A718
2021-2022: A5752
2023-2024: A742, A9145

2015-A7212 (ACTIVE) - Summary

Relates to conferring youthful offender status upon conviction of an eligible youth for a misdemeanor.

2015-A7212 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7212

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2015
                               ___________

Introduced by M. of A. JOYNER -- read once and referred 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.
  S 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.
                                                           LBD09627-03-5

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