NY State Senate Bill 2017-S5893

Senate Bill S5893

2017-2018 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 - 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
May 05, 2017	referred to codes

co-Sponsors

2017-S5893 (ACTIVE) - Details

See Assembly Version of this Bill:: A2480
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §720.20, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A7212
2019-2020: S2183, A718
2021-2022: S2799, A5752
2023-2024: S961, A742, A9145

2017-S5893 (ACTIVE) - Summary

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

2017-S5893 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5893

 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 adjudication. 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 adjudication. 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.

 JUSTIFICATION :

A young person-age 16, 17 or 18-who commits a crime may be adjudicated

a Youthful Offender and punished. This status removes the criminal
label from the youth, allowing the person to not acquire a criminal
record and label that would otherwise stay with the person through
life. Youthful Offender status is required with a first-time offender
who commits a misdemeanor; but the treatment differs, depending on the
court in which the case is handled. If the youth is charged in a
superior court (county or supreme court), upon a conviction for a
misdemeanor, the judge has discretion on whether to grant the status.
This differential in treatment makes little sense. Whether the
first-time youthful misdemeanor defendant is convicted in a local
(justice or city court) or a superior court, the person should be
treated the same, including receiving Youthful Offender status
automatically if the person is a first-time offender. This legislation
would have no effect upon a person, age 16-18, who is convicted of a
felony. With such a person, the sentencing judge has discretion on
whether to grant Youthful Offender status.

 LEGISLATIVE HISTORY OF BILL :

2015-16: A.7212 (Joyner) - Passed Assembly

 FISCAL IMPLICATIONS :

None.

2017-S5893 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5893
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2017
                                ___________
 
 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.
                                                            LBD06713-01-7

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Senate Bill S5893

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Sponsored By

Jamaal T. Bailey