S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5207
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
   Committee 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:

   Section  1. Subdivisions 4, 5, and 6 of section 720.10 of the criminal
 procedure law, as renumbered by chapter 481 of the  laws  of  1978,  are
 renumbered subdivisions 5, 6 and 7 respectively and two new subdivisions
 4 and 8 are added to read as follows:
   4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OR THREE OF THIS
 SECTION, A YOUTH SEEKING RELIEF PURSUANT TO SUBDIVISION TWO  OF  SECTION
 720.20  OF THIS ARTICLE, IS AN ELIGIBLE YOUTH IF THEY MEET THE FOLLOWING
 CRITERIA:
   (A) THE YOUTH WAS CONVICTED OR SENTENCED AS  A  JUVENILE  OFFENDER  AS
 DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER;
   (B) THE YOUTH IS AT LEAST TWENTY-SIX YEARS OLD;
   (C) THE YOUTH HAS NOT BEEN CONVICTED OR SENTENCED FOR ANOTHER FELONY;
   (D)  THE  YOUTH  HAS NOT BEEN CONVICTED OR SENTENCED FOR MORE THAN ONE
 OTHER MISDEMEANOR;
   (E) THE YOUTH IS NOT REGISTERED AS A LEVEL THREE SEX OFFENDER PURSUANT
 TO SECTION ONE HUNDRED SIXTY-EIGHT OF THE CORRECTION LAW; AND
   (F) THE YOUTH IS NOT CURRENTLY UNDER STRICT INTENSIVE SUPERVISIONS  OR
 CIVIL COMMITMENT PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW.
   8.  "ELIGIBLE  YOUTH  PETITIONER"  MEANS  A YOUTH ELIGIBLE PURSUANT TO
 SUBDIVISION FOUR OF THIS SECTION, WHO PETITIONS THE COURT FOR A YOUTHFUL
 OFFENDER FINDING.
   § 2. Subdivisions 2, 3, and 4 of section 720.20 of the criminal proce-
 dure law, are renumbered subdivisions 3, 4 and 5 respectively and a  new
 subdivision 2 is added to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07630-01-7
              

 A. 5207                             2
 
   2. UPON PETITION BY AN ELIGIBLE YOUTH PETITIONER, THE COURT MUST ORDER
 A  FINDING OF FACT IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SUBDIVI-
 SION FOUR OF SECTION 720.10 OF THIS ARTICLE. AFTER RECEIPT  OF  EVIDENCE
 IN  SUPPORT AND CONTRADICTION TO SAID CRITERIA, THE COURT MUST DETERMINE
 WHETHER  THE YOUTH MEETS THE CRITERIA. IF THE COURT DETERMINES THE YOUTH
 MEETS THE CRITERIA SET FORTH IN SUBDIVISION FOUR OF  SECTION  720.10  OF
 THIS  ARTICLE,  THE  COURT  MUST FIND THE ELIGIBLE YOUTH PETITIONER IS A
 YOUTHFUL OFFENDER.
   § 3. Section 720.25 of the criminal procedure law, as added by chapter
 402 of the laws of 2014, is amended to read as follows:
 § 720.25 Youthful offender adjudication; certain exemptions.
   Notwithstanding any inconsistent provisions of law:
   1. where the court is required to find that a  person  is  a  youthful
 offender  pursuant to section 170.80 of this chapter, the fact that such
 person has previously been convicted of a crime or adjudicated a  youth-
 ful  offender  shall  not  prevent  such person from being adjudicated a
 youthful offender as required by such section; [and]
   2. a youthful offender adjudication pursuant to section 170.80 of this
 chapter shall not be considered in determining whether a  person  is  an
 eligible  youth,  or  in determining whether to find a person a youthful
 offender, in any subsequent youthful offender adjudication; AND
   3. WHERE THE COURT IS REQUIRED TO FIND THAT A  PERSON  IS  A  YOUTHFUL
 OFFENDER  PURSUANT  TO  SECTIONS  720.10 AND 720.20 OF THIS CHAPTER, THE
 PERSON SHALL HAVE A YOUTHFUL OFFENDER SENTENCE IMPOSED IF THEY HAVE  NOT
 COMPLETED THEIR SENTENCE FOR THE CONVICTION THAT IS THE SUBJECT OF THEIR
 PETITION, AND THE PERSON SHALL RECEIVE ALL OTHER PROVISIONS AND BENEFITS
 OF  THE  YOUTHFUL  OFFENDER  ADJUDICATION  WHEREVER  SUCH PROVISIONS CAN
 REASONABLY BE SO APPLIED.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.