S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8381--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to granting certain individuals youthful offender status;  to
   add  a  new  category of individuals eligible for young adult offender
   status and first offender status; and to repeal certain provisions  of
   the criminal procedure law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 720.10 of the criminal procedure law, as  added  by
 chapter 981 of the laws of 1971, subdivision 1 as amended by chapter 411
 of the laws of 1979, subdivision 2 as amended by chapter 416 of the laws
 of 1986, paragraph (a) of subdivision 2 as amended by chapter 316 of the
 laws  of  2006,  subdivision  3 as amended by chapter 264 of the laws of
 2003, and subdivisions 4, 5 and 6 as renumbered by chapter  481  of  the
 laws of 1978, is amended to read as follows:
 § 720.10 Youthful offender procedure; definition of terms.
   As  used in this article, the following terms have the following mean-
 ings:
   1. ["Youth"] "ELIGIBLE YOUTH" means a  person  charged  with  a  crime
 alleged to have been committed when he OR SHE was at least sixteen years
 old  and  less  than nineteen years old or a person charged with being a
 juvenile offender as defined in subdivision forty-two of section 1.20 of
 this chapter.
   2. ["Eligible youth" means a youth who  is  eligible  to  be  found  a
 youthful offender. Every youth is so eligible unless:
   (a)  the  conviction  to be replaced by a youthful offender finding is
 for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
 defined  in subdivision forty-one of section 1.20, except as provided in
 subdivision three, or (iii) rape in the first  degree,  criminal  sexual

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

                                                            LBD13234-03-9

 A. 8381--A                          2

 act  in the first degree, or aggravated sexual abuse, except as provided
 in subdivision three, or
   (b) such youth has previously been convicted and sentenced for a felo-
 ny, or
   (c)  such  youth  has  previously been adjudicated a youthful offender
 following conviction of a felony or has been  adjudicated  on  or  after
 September  first,  nineteen  hundred seventy-eight a juvenile delinquent
 who committed a designated felony act as defined  in  the  family  court
 act.
   3.  Notwithstanding the provisions of subdivision two, a youth who has
 been convicted of an armed felony  offense  or  of  rape  in  the  first
 degree,  criminal  sexual  act in the first degree, or aggravated sexual
 abuse is an eligible youth if the court determines that one or  more  of
 the  following  factors  exist:  (i)  mitigating circumstances that bear
 directly upon the manner in which the crime was committed; or (ii) where
 the defendant was not the sole participant in the crime, the defendant's
 participation was relatively minor although not so minor as  to  consti-
 tute  a  defense to the prosecution. Where the court determines that the
 eligible youth is a youthful offender, the court shall make a  statement
 on  the  record  of  the  reasons for its determination, a transcript of
 which shall be forwarded to  the  state  division  of  criminal  justice
 services,  to  be  kept in accordance with the provisions of subdivision
 three of section eight hundred thirty-seven-a of the executive law.
   4.] "Youthful offender finding" means a finding, substituted  for  the
 conviction  of  an  eligible youth, pursuant to a determination that the
 eligible youth is a youthful offender.
   [5.] 3. "Youthful offender sentence" means the sentence imposed upon a
 youthful offender finding.
   [6.] 4. "Youthful offender adjudication". A youthful offender  adjudi-
 cation  is  comprised  of  a  youthful offender finding and the youthful
 offender sentence imposed thereon and is  completed  by  imposition  and
 entry of the youthful offender sentence.
   §  2. Subdivisions 3 and 4 of section 720.15 of the criminal procedure
 law are REPEALED.
   § 3. 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 THE ELIGIBLE YOUTH IS CHARGED WITH A VIOLATION OR A MISDEMEANOR
 OFFENSE, A CLASS D OR E FELONY OFFENSE, A CLASS C FELONY AS DESCRIBED IN
 SUBDIVISION ONE OF SECTION 160.10  OF  THE  PENAL  LAW  OR  ANY  OFFENSE
 CONTAINED  IN  ARTICLE  TWO  HUNDRED  TWENTY OF THE PENAL LAW, THE COURT
 SHALL FIND THAT HE OR SHE IS A YOUTHFUL OFFENDER.
   (B) IN ALL OTHER CASES, 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 THE  ATTENDANT  COLLATERAL  CONSEQUENCES  OF  THAT
 PERMANENT  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 the
 eligible youth had not prior to commencement of trial or entry of a plea

 A. 8381--A                          3

 of guilty been convicted of a crime or found a  youthful  offender,  the
 court must find he is a youthful offender.]
   (C)  THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
 AN ELIGIBLE YOUTH. THE DISTRICT ATTORNEY MAY CHALLENGE THIS  PRESUMPTION
 BY  FILING  A MOTION WITH THE COURT, WITH AT LEAST SEVEN DAYS' NOTICE TO
 THE ELIGIBLE YOUTH AND  HIS  OR  HER  ATTORNEY,  SHOWING  BY  CLEAR  AND
 CONVINCING  EVIDENCE THAT THE INTERESTS OF JUSTICE REQUIRE THE COURT NOT
 TO GRANT YOUTHFUL OFFENDER STATUS.
   § 4. Subparagraph (i) of paragraph (b) of  subdivision  3  of  section
 220.30  of  the criminal procedure law, as amended by chapter 410 of the
 laws of 1979, is amended to read as follows:
   (i) A plea of guilty, whether to the entire indictment or to  part  of
 the  indictment  for  any  crime other than a class A felony, may not be
 accepted on the condition that it constitutes a complete disposition  of
 one or more other indictments against the defendant wherein is charged a
 class  A-I  felony as defined in article two hundred twenty of the penal
 law or the attempt to commit any such class A-I felony, except  that  an
 eligible  youth,  as defined in subdivision [two] ONE of section 720.10,
 may plea to a class B felony, upon consent of the district attorney, for
 purposes of adjudication as a youthful offender.
   § 5. Subdivision 3 of section 420.30 of the criminal procedure law, as
 amended by section 5 of part F of chapter 56 of the  laws  of  2004,  is
 amended to read as follows:
   3. Restrictions. In no event shall a mandatory surcharge, sex offender
 registration  fee,  DNA  databank  fee or crime victim assistance fee be
 remitted provided, however, that a court  may  waive  the  crime  victim
 assistance  fee  if  such  defendant  is an eligible youth as defined in
 subdivision [two] ONE of section 720.10 of this chapter, and the imposi-
 tion of such fee would work an unreasonable hardship on  the  defendant,
 his  or  her  immediate  family, or any other person who is dependent on
 such defendant for financial support.
   § 6. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended by chapter 189 of the laws  of  2018,  is  amended  to  read  as
 follows:
   2.  Under no circumstances shall the mandatory surcharge, sex offender
 registration fee, DNA databank fee or the crime victim assistance fee be
 waived provided, however, that  a  court  may  waive  the  crime  victim
 assistance  fee  if  such  defendant  is an eligible youth as defined in
 subdivision [two] ONE of section 720.10 of this chapter, and the imposi-
 tion of such fee would work an unreasonable hardship on  the  defendant,
 his  or  her  immediate  family, or any other person who is dependent on
 such defendant for financial support. A court shall waive any  mandatory
 surcharge,  DNA  databank  fee and crime victim assistance fee when: (i)
 the defendant is convicted of loitering for the purpose of  engaging  in
 prostitution  under  section  240.37 of the penal law (provided that the
 defendant was not convicted of loitering for the purpose of  patronizing
 a person for prostitution); (ii) the defendant is convicted of prostitu-
 tion  under  section  230.00  of  the  penal law; (iii) the defendant is
 convicted of a violation in the event such conviction is in  lieu  of  a
 plea to or conviction for loitering for the purpose of engaging in pros-
 titution  under  section  240.37  of  the  penal  law (provided that the
 defendant was not alleged to be loitering for the purpose of patronizing
 a person for prostitution) or prostitution under section 230.00  of  the
 penal  law;  or (iv) the court finds that a defendant is a victim of sex
 trafficking under section 230.34 of the penal law or a victim  of  traf-
 ficking  in persons under the trafficking victims protection act (United

 A. 8381--A                          4
 
 States Code, Title 22, Chapter 78); or (v)  the  court  finds  that  the
 defendant  is  a  victim  of  sex  trafficking  of a child under section
 230.34-a of the penal law.
   § 7. The criminal procedure law is amended by adding a new article 721
 to read as follows:
                                ARTICLE 721
                            YOUNG ADULT STATUS
 
 SECTION 721.10 YOUNG ADULT STATUS PROCEDURE; DEFINITION OF TERMS.
         721.15 YOUNG  ADULT  STATUS  PROCEDURE;  SEALING  OF  ACCUSATORY
                  INSTRUMENT;   PRIVACY   OF   PROCEEDINGS;   PRELIMINARY
                  INSTRUCTIONS TO JURY.
         721.20 YOUNG  ADULT  STATUS  DETERMINATION;  WHEN  AND HOW MADE;
                  PROCEDURE THEREUPON.
         721.30 YOUNG  ADULT  ADJUDICATION;  POST-JUDGMENT  MOTIONS   AND
                  APPEAL.
         721.35 YOUNG ADULT ADJUDICATION; EFFECT THEREOF; RECORDS.
 § 721.10 YOUNG ADULT STATUS PROCEDURE; DEFINITION OF TERMS.
   AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
 INGS:
   1. "ELIGIBLE YOUNG ADULT" MEANS A  PERSON  CHARGED  WITH  A  CRIME  OR
 OFFENSE ALLEGED TO HAVE BEEN COMMITTED WHEN HE OR SHE WAS AT LEAST NINE-
 TEEN YEARS OLD AND LESS THAN TWENTY-FIVE YEARS OLD.
   2.  "YOUNG  ADULT  FINDING"  MEANS  A  FINDING,  SUBSTITUTED  FOR  THE
 CONVICTION OF AN ELIGIBLE YOUNG ADULT, PURSUANT TO A DETERMINATION  THAT
 THE ELIGIBLE YOUNG ADULT SHALL BE GRANTED YOUNG ADULT STATUS.
   3.  "YOUNG  ADULT  SENTENCE"  MEANS  THE SENTENCE IMPOSED UPON A YOUNG
 ADULT FINDING.
   4. "YOUNG ADULT ADJUDICATION" MEANS AN  ADJUDICATION  COMPRISED  OF  A
 YOUNG  ADULT FINDING AND THE YOUNG ADULT SENTENCE IMPOSED THEREON AND IS
 COMPLETED BY IMPOSITION AND ENTRY OF THE YOUNG ADULT SENTENCE.
 § 721.15 YOUNG ADULT STATUS PROCEDURE; SEALING OF ACCUSATORY INSTRUMENT;
            PRIVACY OF PROCEEDINGS; PRELIMINARY INSTRUCTIONS TO JURY.
   1. WHEN AN ACCUSATORY INSTRUMENT AGAINST AN APPARENTLY ELIGIBLE  YOUNG
 ADULT  IS  FILED WITH A COURT, IT SHALL BE FILED AS A SEALED INSTRUMENT,
 THOUGH ONLY WITH RESPECT TO THE PUBLIC.
   2. WHEN A YOUNG  ADULT  IS  INITIALLY  ARRAIGNED  UPON  AN  ACCUSATORY
 INSTRUMENT, SUCH ARRAIGNMENT AND ALL PROCEEDINGS IN THE ACTION THEREAFT-
 ER  MAY,  IN  THE  DISCRETION  OF  THE COURT AND WITH THE CONSENT OF THE
 ACCUSED, BE CONDUCTED IN PRIVATE.
 § 721.20 YOUNG ADULT STATUS DETERMINATION; WHEN AND HOW MADE;  PROCEDURE
            THEREUPON.
   UPON  CONVICTION  OF  AN  ELIGIBLE YOUNG ADULT, 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  SHALL  RECEIVE
 YOUNG  ADULT STATUS.  SUCH DETERMINATION SHALL BE IN ACCORDANCE WITH THE
 FOLLOWING CRITERIA:
   1. IF THE ELIGIBLE YOUNG ADULT IS CHARGED WITH A VIOLATION OR A MISDE-
 MEANOR OFFENSE, THE COURT SHALL FIND THAT HE OR SHE  IS  A  YOUNG  ADULT
 OFFENDER;
   2.  IN ALL OTHER CASES, IF IN THE OPINION OF THE COURT THE INTEREST OF
 JUSTICE WOULD BE SERVED BY RELIEVING THE ELIGIBLE YOUNG ADULT  FROM  THE
 ONUS  OF  A CRIMINAL RECORD AND THE ATTENDANT COLLATERAL CONSEQUENCES OF
 THAT PERMANENT CRIMINAL RECORD AND BY NOT IMPOSING AN INDETERMINATE TERM

 A. 8381--A                          5
 
 OF  IMPRISONMENT  OF  MORE  THAN  TEN  YEARS,  THE  COURT  MAY,  IN  ITS
 DISCRETION, FIND THE ELIGIBLE YOUNG ADULT IS A YOUNG ADULT OFFENDER; AND
   3.  THERE  SHALL  BE  A  PRESUMPTION TO GRANT YOUNG ADULT STATUS TO AN
 ELIGIBLE YOUNG ADULT, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH  NOT
 LESS  THAN  SEVEN  DAYS'  NOTICE  TO  SUCH PERSON OR HIS OR HER ATTORNEY
 DEMONSTRATES TO THE SATISFACTION OF  THE  COURT  THAT  THE  INTEREST  OF
 JUSTICE REQUIRE OTHERWISE.
 § 721.30 YOUNG ADULT ADJUDICATION; POST-JUDGMENT MOTIONS AND APPEAL.
   THE PROVISIONS OF THIS CHAPTER, GOVERNING THE MAKING AND DETERMINATION
 OF  POST-JUDGMENT MOTIONS AND THE TAKING AND DETERMINATION OF APPEALS IN
 CRIMINAL CASES, APPLY TO POST JUDGMENT MOTIONS AND APPEALS WITH  RESPECT
 TO  YOUNG ADULT ADJUDICATIONS WHEREVER SUCH PROVISIONS CAN REASONABLY BE
 SO APPLIED.
 § 721.35 YOUNG ADULT ADJUDICATION; EFFECT THEREOF; RECORDS.
   1. A YOUNG ADULT ADJUDICATION IS NOT A JUDGMENT OF  CONVICTION  FOR  A
 CRIME  OR  ANY OTHER OFFENSE, AND DOES NOT OPERATE AS A DISQUALIFICATION
 OF ANY PERSON SO ADJUDGED TO HOLD PUBLIC OFFICE OR PUBLIC EMPLOYMENT  OR
 TO RECEIVE ANY LICENSE GRANTED BY PUBLIC AUTHORITY BUT SHALL BE DEEMED A
 CONVICTION  ONLY FOR THE PURPOSES OF TRANSFER OF SUPERVISION AND CUSTODY
 PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-M OF THE EXECUTIVE LAW.
   2. EXCEPT WHERE SPECIFICALLY REQUIRED OR PERMITTED BY STATUTE OR  UPON
 SPECIFIC  AUTHORIZATION  OF THE COURT, UPON RECEIPT OF NOTIFICATION OF A
 YOUNG ADULT ADJUDICATION:
   (A) EVERY PHOTOGRAPH OF SUCH YOUNG ADULT  AND  PHOTOGRAPHIC  PLATE  OR
 PROOF,  AND  ALL PALMPRINTS AND FINGERPRINTS TAKEN OR MADE OF SUCH YOUNG
 ADULT PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN REGARD TO THE ACTION
 OR PROCEEDING TERMINATED, AND ALL DUPLICATES AND COPIES THEREOF,  EXCEPT
 A  DIGITAL  FINGERPRINT IMAGE WHERE AUTHORIZED PURSUANT TO PARAGRAPH (D)
 OF THIS SUBDIVISION, SHALL FORTHWITH BE, AT THE DISCRETION OF THE RECIP-
 IENT AGENCY, EITHER DESTROYED OR RETURNED TO SUCH YOUNG ADULT, OR TO THE
 ATTORNEY WHO REPRESENTED THE YOUNG ADULT AT THE TIME OF THE  TERMINATION
 OF  THE  ACTION  OR  PROCEEDING,  AT THE ADDRESS GIVEN BY SUCH PERSON OR
 ATTORNEY DURING THE ACTION OR PROCEEDING, BY THE  DIVISION  OF  CRIMINAL
 JUSTICE SERVICES AND BY ANY POLICE;
   (B)  ANY  POLICE  DEPARTMENT  OR LAW ENFORCEMENT AGENCY, INCLUDING THE
 DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH  TRANSMITTED  OR  OTHERWISE
 FORWARDED TO ANY AGENCY OF THE UNITED STATES OR OF ANY OTHER STATE OR OF
 ANY  OTHER JURISDICTION OUTSIDE THE STATE OF NEW YORK COPIES OF ANY SUCH
 PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS AND FINGERPRINTS,
 SHALL FORMALLY REQUEST IN WRITING THAT ALL SUCH COPIES BE  DESTROYED  OR
 RETURNED TO THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY WHICH TRANS-
 MITTED OR FORWARDED THEM, AND UPON SUCH RETURN SUCH DEPARTMENT OR AGENCY
 SHALL,  AT  ITS  DISCRETION,  EITHER  DESTROY OR RETURN THEM AS PROVIDED
 UNDER THIS SUBDIVISION;
   (C) ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST  OR  PROSE-
 CUTION,  INCLUDING  ALL  DUPLICATES AND COPIES THEREOF, ON FILE WITH THE
 DIVISION OF CRIMINAL JUSTICE SERVICES, POLICE  AGENCY,  OR  PROSECUTOR'S
 OFFICE SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR
 PRIVATE AGENCY;
   (D) THE RECORDS REFERRED TO IN PARAGRAPH (B) OF THIS SUBDIVISION SHALL
 BE  MADE  AVAILABLE  TO THE YOUNG ADULT ACCUSED OR TO SUCH YOUNG ADULT'S
 DESIGNATED AGENT, AND SHALL BE MADE AVAILABLE TO (I) A PROSECUTOR IN ANY
 PROCEEDING IN WHICH THE ACCUSED HAS  MOVED  FOR  AN  ORDER  PURSUANT  TO
 SECTION  170.56  OR  210.46  OF  THIS CHAPTER, OR (II) A LAW ENFORCEMENT
 AGENCY UPON EX PARTE MOTION IN ANY SUPERIOR COURT, OR  IN  ANY  DISTRICT
 COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK PROVIDED

 A. 8381--A                          6
 
 THAT  SUCH  COURT  SEALED THE RECORD, IF SUCH AGENCY DEMONSTRATES TO THE
 SATISFACTION OF THE COURT THAT JUSTICE REQUIRES  THAT  SUCH  RECORDS  BE
 MADE AVAILABLE TO IT, OR (III) ANY STATE OR LOCAL OFFICER OR AGENCY WITH
 RESPONSIBILITY  FOR  THE  ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE
 ACCUSED HAS MADE APPLICATION FOR SUCH A LICENSE, OR (IV)  THE  NEW  YORK
 STATE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION WHEN THE
 ACCUSED IS UNDER PAROLE SUPERVISION AS A RESULT OF  CONDITIONAL  RELEASE
 OR  PAROLE RELEASE GRANTED BY THE NEW YORK STATE BOARD OF PAROLE AND THE
 ARREST WHICH IS THE SUBJECT OF THE INQUIRY IS ONE WHICH  OCCURRED  WHILE
 THE  ACCUSED WAS UNDER SUCH SUPERVISION, OR (V) THE PROBATION DEPARTMENT
 RESPONSIBLE FOR SUPERVISION OF THE ACCUSED WHEN THE ARREST WHICH IS  THE
 SUBJECT OF THE INQUIRY IS ONE WHICH OCCURRED WHILE THE ACCUSED WAS UNDER
 SUCH SUPERVISION;
   (E)  AT  NO TIME SHALL SUCH NOTIFICATION BE USED FOR ANY PURPOSE OTHER
 THAN THOSE SPECIFIED IN THIS SUBDIVISION, PROVIDED, HOWEVER, THAT INFOR-
 MATION REGARDING AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION
 ISSUED PURSUANT TO SECTION 530.12 OF THIS PART OR A  WARRANT  ISSUED  IN
 CONNECTION  THEREWITH MAY BE MAINTAINED ON THE STATEWIDE AUTOMATED ORDER
 OF PROTECTION AND WARRANT REGISTRY ESTABLISHED PURSUANT TO  SECTION  TWO
 HUNDRED  TWENTY-ONE-A  OF  THE EXECUTIVE LAW DURING THE PERIOD THAT SUCH
 ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS  IN  FULL  FORCE
 AND  EFFECT OR DURING WHICH SUCH WARRANT MAY BE EXECUTED. SUCH CONFIDEN-
 TIAL INFORMATION MAY BE MADE AVAILABLE PURSUANT TO LAW ONLY FOR PURPOSES
 OF ADJUDICATING OR ENFORCING SUCH ORDER OF PROTECTION OR TEMPORARY ORDER
 OF PROTECTION; AND
   (F) WHERE FINGERPRINTS SUBJECT TO THE PROVISIONS OF THIS SECTION  HAVE
 BEEN RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE BEEN
 FILED  BY  THE  DIVISION AS DIGITAL IMAGES, SUCH IMAGES MAY BE RETAINED,
 PROVIDED THAT A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE  WITH  THE
 DIVISION WHICH WAS NOT SEALED PURSUANT TO THIS SECTION OR SECTION 160.50
 OF THIS CHAPTER.
   §  8.  The  criminal  procedure law is amended by adding a new section
 440.48 to read as follows:
 § 440.48 RESENTENCING; YOUTHFUL OFFENDER.
   1. ANY PERSON UNDER THE AGE OF TWENTY-FIVE AT THE TIME THE  CRIME  WAS
 COMMITTED  WHO  WAS  CONVICTED OF A MISDEMEANOR OR VIOLATION OFFENSE WHO
 WOULD HAVE BEEN CONSIDERED AN "ELIGIBLE YOUTH" PURSUANT  TO  SUBDIVISION
 ONE  OF  SECTION  720.10  OF  THIS CHAPTER AND AN "ELIGIBLE YOUNG ADULT"
 PURSUANT TO SUBDIVISION ONE OF SECTION 721.10 OF THIS CHAPTER AFTER  THE
 EFFECTIVE DATE OF THIS SECTION SHALL HAVE THEIR CONVICTION AUTOMATICALLY
 REPLACED  WITH  A YOUTHFUL OFFENDER ADJUDICATION OR YOUNG ADULT OFFENDER
 ADJUDICATION WITHIN SIX MONTHS OF SUCH DATE. THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  SHALL ESTABLISH STANDARDS TO ENSURE THAT SUCH PROCESS
 OCCURS AUTOMATICALLY FOR ALL PERSONS PRIOR TO SUCH SIX MONTH DEADLINE.
   2. ANY PERSON UNDER THE AGE OF TWENTY-FIVE AT THE TIME THE  CRIME  WAS
 COMMITTED WHO WOULD HAVE BEEN CONSIDERED AN "ELIGIBLE YOUTH" PURSUANT TO
 SUBDIVISION ONE OF SECTION 720.10 OF THIS CHAPTER AND AN "ELIGIBLE YOUNG
 ADULT"  PURSUANT  TO  SUBDIVISION  ONE OF SECTION 721.10 OF THIS CHAPTER
 AFTER THE EFFECTIVE DATE OF THIS SECTION, UPON NOTICE TO THE APPROPRIATE
 DISTRICT ATTORNEY, MAY PETITION TO BE RESENTENCED TO A YOUTHFUL OFFENDER
 ADJUDICATION OR YOUNG ADULT OFFENDER  ADJUDICATION  IN  ACCORDANCE  WITH
 ARTICLES SEVEN HUNDRED TWENTY AND SEVEN HUNDRED TWENTY-ONE OF THIS CHAP-
 TER IN THE COURT WHICH IMPOSED SUCH SENTENCE. EVEN IF A PERSON IS ELIGI-
 BLE FOR AUTOMATIC YOUTHFUL OFFENDER ADJUDICATION OR YOUNG ADULT OFFENDER
 ADJUDICATION  SEALING  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SUCH

 A. 8381--A                          7
 
 PERSON MAY STILL PETITION THE COURT FOR RESENTENCING PRIOR  TO  THE  SIX
 MONTH PERIOD DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   3. THE COURT SHALL CONSIDER THE FACTORS OUTLINED IN SUBDIVISION ONE OF
 SECTION  720.20 AND SUBDIVISION ONE OF SECTION 721.20 OF THIS CHAPTER IN
 DETERMINING WHETHER OR NOT A PERSON WHO  WOULD  HAVE  BEEN  AN  ELIGIBLE
 YOUTH  MAY  OR  SHALL BE GRANTED YOUTHFUL OFFENDER STATUS OR YOUNG ADULT
 OFFENDER STATUS FOR THE PRIOR CONVICTION.
   (A) IN CASES WHERE GRANTING YOUTHFUL OFFENDER STATUS  OR  YOUNG  ADULT
 OFFENDER  STATUS  IS  DISCRETIONARY AND NOT REQUIRED BY PARAGRAPH (A) OF
 SUBDIVISION ONE OF SECTION 720.20 OR PARAGRAPH (A) OF SUBDIVISION ONE OF
 SECTION 721.20 OF THIS CHAPTER, THE COURT SHALL ALSO CONSIDER ANY  ADDI-
 TIONAL EVIDENCE PRESENTED BY THE PERSON SEEKING RESENTENCING, INCLUDING:
   (I)  THE  AMOUNT  OF TIME THAT HAS ELAPSED SINCE THE PETITIONER'S LAST
 CONVICTION;
   (II) THE CHARACTER OF THE PETITIONER, INCLUDING ANY MEASURES  THAT  HE
 OR SHE HAS TAKEN TOWARDS REHABILITATION, SUCH AS PARTICIPATING IN TREAT-
 MENT  PROGRAMS,  WORK,  OR  SCHOOLING,  AND  PARTICIPATING  IN COMMUNITY
 SERVICE OR OTHER VOLUNTEER PROGRAMS;
   (III) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE FOR  WHICH  THE
 PETITIONER IS SEEKING RELIEF;
   (IV)  THE  IMPACT  OF  SEALING THE PETITIONER'S RECORD UPON HIS OR HER
 REHABILITATION AND UPON HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND
 REINTEGRATION INTO SOCIETY; AND
   (V) THE IMPACT OF COLLATERAL CONSEQUENCES OF  THE  CONVICTION  ON  THE
 DEFENDANT AND HIS OR HER FAMILY.
   (B)  THE  DISTRICT  ATTORNEY  MAY  CHALLENGE  THE PRESUMPTION TO GRANT
 YOUTHFUL OFFENDER STATUS PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF
 SECTION 720.20 AND PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 721.20 OF
 THIS CHAPTER.
   § 9. The criminal procedure law is amended by adding a new article 726
 to read as follows:
                                ARTICLE 726
                           FIRST OFFENDER STATUS
 SECTION 726.10 FIRST OFFENDER STATUS PROCEDURE; DEFINITION OF TERMS.
         726.20 FIRST OFFENDER STATUS DETERMINATION; WHEN AND  HOW  MADE;
                  PROCEDURE THEREUPON.
         726.30 FIRST  OFFENDER  ADJUDICATION;  POST-JUDGMENT MOTIONS AND
                  APPEAL.
         726.35 FIRST OFFENDER ADJUDICATION; EFFECT THEREOF; RECORDS.
 § 726.10 FIRST OFFENDER STATUS PROCEDURE; DEFINITION OF TERMS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
 MEANINGS:
   1.  "ELIGIBLE FIRST OFFENDER" MEANS ANY PERSON WHO STANDS CHARGED WITH
 A FELONY OR MISDEMEANOR OFFENSE ALLEGED TO HAVE BEEN COMMITTED  WHEN  HE
 OR SHE WAS AGED TWENTY-FIVE YEARS OR OLDER UNLESS:
   (A)  SUCH  OFFENDER  HAS BEEN PREVIOUSLY CONVICTED AND SENTENCED FOR A
 FELONY, OR
   (B) SUCH OFFENDER HAS BEEN PREVIOUSLY ADJUDICATED A YOUTHFUL  OFFENDER
 FOLLOWING  CONVICTION FOR A FELONY OR HAS BEEN ADJUDICATED A YOUNG ADULT
 OFFENDER FOLLOWING A CONVICTION FOR A FELONY.
   2. "FIRST OFFENDER FINDING"  MEANS  A  FINDING,  SUBSTITUTED  FOR  THE
 CONVICTION  OF  AN  ELIGIBLE FIRST OFFENDER, PURSUANT TO A DETERMINATION
 THAT THE ELIGIBLE FIRST OFFENDER SHALL BE GRANTED FIRST OFFENDER STATUS.
   3. "FIRST OFFENDER SENTENCE" MEANS THE SENTENCE IMPOSED UPON  A  FIRST
 OFFENDER FINDING.

 A. 8381--A                          8
 
   4.  "FIRST OFFENDER ADJUDICATION" MEANS AN ADJUDICATION COMPRISED OF A
 FIRST OFFENDER FINDING AND THE FIRST OFFENDER SENTENCE  IMPOSED  THEREON
 AND IS COMPLETED BY IMPOSITION AND ENTRY OF THE FIRST OFFENDER SENTENCE.
 § 726.20 FIRST  OFFENDER STATUS DETERMINATION; WHEN AND HOW MADE; PROCE-
            DURE THEREUPON.
   1. UPON CONVICTION OF AN ELIGIBLE FIRST OFFENDER, THE COURT MUST ORDER
 A PRE-SENTENCE INVESTIGATION OF THE DEFENDANT. AFTER RECEIPT OF A  WRIT-
 TEN  REPORT OF THE INVESTIGATION AND AT THE TIME OF PRONOUNCING SENTENCE
 THE COURT MUST DETERMINE WHETHER OR NOT  THE  ELIGIBLE  DEFENDANT  SHALL
 RECEIVE FIRST OFFENDER STATUS. SUCH DETERMINATION SHALL BE IN ACCORDANCE
 WITH THE FOLLOWING CRITERIA:
   (A)  IF  THE  ELIGIBLE FIRST OFFENDER IS CHARGED WITH A VIOLATION OR A
 MISDEMEANOR OFFENSE, THE COURT SHALL FIND THAT HE  OR  SHE  IS  A  FIRST
 OFFENDER;
   (B) IN ALL OTHER CASES, IF IN THE OPINION OF THE COURT THE INTEREST OF
 JUSTICE WOULD BE SERVED BY RELIEVING THE ELIGIBLE OFFENDER FROM THE ONUS
 OF  A  CRIMINAL RECORD AND THE ATTENDANT COLLATERAL CONSEQUENCES OF THAT
 PERMANENT CRIMINAL RECORD, THE COURT MAY, IN ITS  DISCRETION,  FIND  THE
 ELIGIBLE OFFENDER IS A FIRST OFFENDER; AND
   (C)  THERE SHALL BE A PRESUMPTION TO GRANT FIRST OFFENDER STATUS TO AN
 ELIGIBLE FIRST OFFENDER, UNLESS THE DISTRICT ATTORNEY UPON  MOTION  WITH
 NOT  LESS  THAN SEVEN DAYS' NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY
 DEMONSTRATES TO THE SATISFACTION OF  THE  COURT  THAT  THE  INTEREST  OF
 JUSTICE REQUIRE OTHERWISE.
   2. WHEN AN AUTHORIZED COURT DETERMINES, PURSUANT TO SUBDIVISION ONE OF
 THIS  SECTION,  THAT  THE  DEFENDANT  IS AN ELIGIBLE FIRST OFFENDER, THE
 FOLLOWING SENTENCES MAY BE IMPOSED:
   (A) AN AUTHORIZED PRISON SENTENCE PURSUANT TO ARTICLE SEVENTY  OF  THE
 PENAL LAW;
   (B)  AN  AUTHORIZED  SENTENCE  OF PROBATION, CONDITIONAL DISCHARGE, OR
 UNCONDITIONAL DISCHARGE PURSUANT TO ARTICLE SIXTY-FIVE OF THE PENAL LAW;
 OR
   (C) ANY OTHER AUTHORIZED DISPOSITION PURSUANT TO ARTICLE SIXTY OF  THE
 PENAL LAW.
 § 726.30 FIRST OFFENDER ADJUDICATION; POST-JUDGMENT MOTIONS AND APPEAL.
   THE PROVISIONS OF THIS CHAPTER, GOVERNING THE MAKING AND DETERMINATION
 OF  POST-JUDGMENT MOTIONS AND THE TAKING AND DETERMINATION OF APPEALS IN
 CRIMINAL CASES, APPLY TO POST JUDGMENT MOTIONS AND APPEALS WITH  RESPECT
 TO  FIRST OFFENDER ADJUDICATIONS WHEREVER SUCH PROVISIONS CAN REASONABLY
 BE SO APPLIED.
 § 726.35 FIRST OFFENDER ADJUDICATION; EFFECT THEREOF; RECORDS.
   1. A FIRST OFFENDER ADJUDICATION IS NOT A JUDGMENT OF CONVICTION FOR A
 CRIME OR ANY OTHER OFFENSE, AND DOES NOT OPERATE AS  A  DISQUALIFICATION
 OF  ANY PERSON SO ADJUDGED TO HOLD PUBLIC OFFICE OR PUBLIC EMPLOYMENT OR
 TO RECEIVE ANY LICENSE GRANTED BY PUBLIC AUTHORITY BUT SHALL BE DEEMED A
 CONVICTION ONLY FOR THE PURPOSES OF TRANSFER OF SUPERVISION AND  CUSTODY
 PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-M OF THE EXECUTIVE LAW.
   2.  EXCEPT WHERE SPECIFICALLY REQUIRED OR PERMITTED BY STATUTE OR UPON
 SPECIFIC AUTHORIZATION OF THE COURT, UPON RECEIPT OF NOTIFICATION  OF  A
 FIRST OFFENDER ADJUDICATION:
   (A) EVERY PHOTOGRAPH OF SUCH OFFENDER AND PHOTOGRAPHIC PLATE OR PROOF,
 AND ALL PALMPRINTS AND FINGERPRINTS TAKEN OR MADE OF SUCH FIRST OFFENDER
 PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE IN REGARD TO THE ACTION OR
 PROCEEDING TERMINATED, AND ALL DUPLICATES AND COPIES THEREOF,  EXCEPT  A
 DIGITAL  FINGERPRINT IMAGE WHERE AUTHORIZED PURSUANT TO PARAGRAPH (E) OF
 THIS SUBDIVISION, SHALL FORTHWITH BE, AT THE DISCRETION OF THE RECIPIENT

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 AGENCY, EITHER DESTROYED OR RETURNED TO SUCH FIRST OFFENDER, OR  TO  THE
 ATTORNEY  WHO  REPRESENTED  THE FIRST OFFENDER AT THE TIME OF THE TERMI-
 NATION OF THE ACTION OR PROCEEDING, AT THE ADDRESS GIVEN BY SUCH  PERSON
 OR ATTORNEY DURING THE ACTION OR PROCEEDING, BY THE DIVISION OF CRIMINAL
 JUSTICE  SERVICES AND BY ANY POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY
 HAVING ANY SUCH PHOTOGRAPH, PHOTOGRAPHIC PLATE OR PROOF,  PALMPRINTS  OR
 FINGERPRINTS IN ITS POSSESSION OR UNDER ITS CONTROL;
   (B)  ANY  POLICE  DEPARTMENT  OR LAW ENFORCEMENT AGENCY, INCLUDING THE
 DIVISION OF CRIMINAL JUSTICE SERVICES, WHICH  TRANSMITTED  OR  OTHERWISE
 FORWARDED TO ANY AGENCY OF THE UNITED STATES OR OF ANY OTHER STATE OR OF
 ANY  OTHER JURISDICTION OUTSIDE THE STATE OF NEW YORK COPIES OF ANY SUCH
 PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALMPRINTS AND FINGERPRINTS,
 SHALL FORMALLY REQUEST IN WRITING THAT ALL SUCH COPIES BE  DESTROYED  OR
 RETURNED TO THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY WHICH TRANS-
 MITTED OR FORWARDED THEM, AND UPON SUCH RETURN SUCH DEPARTMENT OR AGENCY
 SHALL,  AT  ITS  DISCRETION,  EITHER  DESTROY OR RETURN THEM AS PROVIDED
 UNDER THIS SUBDIVISION;
   (C) ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST  OR  PROSE-
 CUTION,  INCLUDING  ALL  DUPLICATES AND COPIES THEREOF, ON FILE WITH THE
 DIVISION OF CRIMINAL JUSTICE SERVICES, POLICE  AGENCY,  OR  PROSECUTOR'S
 OFFICE SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR
 PRIVATE AGENCY;
   (D) THE RECORDS REFERRED TO IN PARAGRAPH (C) OF THIS SUBDIVISION SHALL
 BE  MADE  AVAILABLE  TO  THE  ACCUSED  FIRST  OFFENDER  OR TO SUCH FIRST
 OFFENDER'S DESIGNATED AGENT, AND SHALL BE MADE AVAILABLE TO (I) A PROSE-
 CUTOR IN ANY PROCEEDING IN WHICH THE ACCUSED  HAS  MOVED  FOR  AN  ORDER
 PURSUANT  TO  SECTION  170.56  OR  210.46 OF THIS CHAPTER, OR (II) A LAW
 ENFORCEMENT AGENCY UPON EX PARTE MOTION IN ANY SUPERIOR COURT, OR IN ANY
 DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
 PROVIDED THAT SUCH COURT SEALED THE RECORD, IF SUCH AGENCY  DEMONSTRATES
 TO THE SATISFACTION OF THE COURT THAT JUSTICE REQUIRES THAT SUCH RECORDS
 BE  MADE  AVAILABLE TO IT, OR (III) ANY STATE OR LOCAL OFFICER OR AGENCY
 WITH RESPONSIBILITY FOR THE ISSUANCE OF LICENSES TO POSSESS  GUNS,  WHEN
 THE  ACCUSED  HAS  MADE  APPLICATION FOR SUCH A LICENSE, OR (IV) THE NEW
 YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHEN  THE
 ACCUSED  IS  UNDER PAROLE SUPERVISION AS A RESULT OF CONDITIONAL RELEASE
 OR PAROLE RELEASE GRANTED BY THE NEW YORK STATE BOARD OF PAROLE AND  THE
 ARREST  WHICH  IS THE SUBJECT OF THE INQUIRY IS ONE WHICH OCCURRED WHILE
 THE ACCUSED WAS UNDER SUCH SUPERVISION, OR (V) THE PROBATION  DEPARTMENT
 RESPONSIBLE  FOR SUPERVISION OF THE ACCUSED WHEN THE ARREST WHICH IS THE
 SUBJECT OF THE INQUIRY IS ONE WHICH OCCURRED WHILE THE ACCUSED WAS UNDER
 SUCH SUPERVISION;
   (E) AT NO TIME SHALL SUCH NOTIFICATION BE USED FOR ANY  PURPOSE  OTHER
 THAN THOSE SPECIFIED IN THIS SUBDIVISION, PROVIDED, HOWEVER, THAT INFOR-
 MATION REGARDING AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION
 ISSUED  PURSUANT  TO  SECTION 530.12 OF THIS PART OR A WARRANT ISSUED IN
 CONNECTION THEREWITH MAY BE MAINTAINED ON THE STATEWIDE AUTOMATED  ORDER
 OF  PROTECTION  AND WARRANT REGISTRY ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW DURING THE  PERIOD  THAT  SUCH
 ORDER  OF  PROTECTION  OR TEMPORARY ORDER OF PROTECTION IS IN FULL FORCE
 AND EFFECT OR DURING WHICH SUCH WARRANT MAY BE EXECUTED. SUCH  CONFIDEN-
 TIAL INFORMATION MAY BE MADE AVAILABLE PURSUANT TO LAW ONLY FOR PURPOSES
 OF ADJUDICATING OR ENFORCING SUCH ORDER OF PROTECTION OR TEMPORARY ORDER
 OF PROTECTION; AND
   (F)  WHERE FINGERPRINTS SUBJECT TO THE PROVISIONS OF THIS SECTION HAVE
 BEEN RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND HAVE BEEN

 A. 8381--A                         10
 
 FILED BY THE DIVISION AS DIGITAL IMAGES, SUCH IMAGES  MAY  BE  RETAINED,
 PROVIDED  THAT  A FINGERPRINT CARD OF THE INDIVIDUAL IS ON FILE WITH THE
 DIVISION WHICH WAS NOT SEALED PURSUANT TO THIS SECTION OR SECTION 160.50
 OF THIS CHAPTER.
   §  10.  Subdivision  2  of section 60.00 of the penal law, as added by
 chapter 481 of the laws of 1978, is amended to read as follows:
   2. The sole provision of this article that shall apply in the case  of
 an  offense committed by a juvenile offender [is] OR A DEFENDANT ADJUDI-
 CATED A YOUTHFUL OFFENDER OR YOUNG ADULT IN section 60.10 of this  arti-
 cle and no other provisions of this article shall be deemed or construed
 to apply in any such case.
   §  11.  Subdivisions  1  and  3  of section 60.02 of the penal law, as
 amended by chapter 471 of the laws of 1980, and subdivision 3 as amended
 by section 1 of part Y of chapter 56 of the laws of 2008, are amended to
 read as follows:
   (1) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been substituted for a conviction of an offense other than a
 felony, the court must impose a sentence authorized for the offense  for
 which the youthful offender finding was substituted[, except that if the
 youthful  offender  finding  was  entered  pursuant  to paragraph (b) of
 subdivision one of section 720.20 of the  criminal  procedure  law,  the
 court  must  not impose a definite or intermittent sentence of imprison-
 ment with a term of more than six months]; or
   (3) The provisions of section 60.35 of this article shall NOT apply to
 a sentence imposed upon  a  JUVENILE  OFFENDER  CONVICTION,  A  youthful
 offender  FINDING,  OR A YOUNG ADULT OFFENDER finding [and the amount of
 the mandatory surcharge and crime victim assistance fee which  shall  be
 levied  at  sentencing  shall  be  equal to the amount specified in such
 section for the offense of conviction for which  the  youthful  offender
 finding  was  substituted;  provided,  however  that the court shall not
 impose the sex offender registration fee, DNA databank  fee  or  supple-
 mental sex offender victim fee, as defined in subparagraphs (iv) and (v)
 of  paragraph  (a) and paragraph (b) of subdivision one of section 60.35
 of this article, for an offense in which the conviction was  substituted
 with a youthful offender finding].
   §  12.  Subdivision 4 of section 80.00 of the penal law, as amended by
 chapter 338 of the laws of 1989, is amended to read as follows:
   4. Exception. The provisions of this section  shall  not  apply  to  a
 corporation, OR ELIGIBLE YOUTH AS DEFINED IN SECTION 720.10 OF THE CRIM-
 INAL PROCEDURE LAW.
   §  13.  Subdivision  6 of section 80.05 of the penal law is amended to
 read as follows:
   6. Exception. The provisions of this section  shall  not  apply  to  a
 corporation, OR ELIGIBLE YOUTH AS DEFINED IN SECTION 720.10 OF THE CRIM-
 INAL PROCEDURE LAW.
   §  14.  This  act  shall  take  effect  on  the first of November next
 succeeding the date on which it shall have become a law and shall  apply
 to any criminal case pending on such effective date.