NY State Senate Bill 2019-S520

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S520 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§720.10 & 720.20, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7763
2013-2014: S1983
2015-2016: S1742
2017-2018: S1159

2019-S520 (ACTIVE) - Summary

Alters the definition of "youth" to mean a person who is at least sixteen years old and less than twenty-one years old; provides that where the conviction is had in a local criminal court and the eligible youth charged with a crime is alleged to have been committed when he or she was at least sixteen years old and less than nineteen years had not prior to the commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court must find that he or she is a youthful offender.

2019-S520 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S520

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to youthful
offenders

 
PURPOSE:

The bill will extend the age of a person who can be defined as a youth
under the youthful offender section of the criminal procedure law.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 1 of section 720.10 of the criminal proce-
dure law to increase the maximum age of a youth from sixteen to twenty-
one years of age.

Section 2. Amends subdivision 1 of section 720.20 of the criminal proce-
dure law to add an age requirement to when a court must find the youth

to be a youthful offender. Because section one increase the age require-
ment to 21 years of age, this amendment specifies that a court must find
a youth a youthful offender if he or she is at least sixteen years old
and less than nineteen years of age.

Section 3. Effective date.

 
EXISTING LAW:

Subdivision 1 of CPL section 720.10 currently defines youth to be a
person at least sixteen years old and less than nineteen years old.
Subdivision 1, paragraph b of CPL section 720.20 currently states that
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 of
guilty, been convicted of a crime or found a youthful offender, the
court must find he or she is a youthful offender.

 
JUSTIFICATION:

In September 2011, Chief Judge Jonathan Lippman highlighted "glaring
problems" with New York's criminal system. One of these issues was the
age of criminal responsibility. In many states, the age of criminal
responsibility is 18 years of age, while in others it is 17.  An article
by the New York State Association of Criminal Defense Lawyers (NYSACDL)
highlighted the problem a criminal conviction has on the lives and
futures of young New Yorkers.

One of the recommendations in the article was to expand the availability
of youthful offender adjudication. This recommendation suggested that
the availability of youthful offender adjudication should be expanded to
include those as old as 20 or 21. The NYSACDL stated that this expansion
would be consistent with practices in other jurisdictions.

 
LEGISLATIVE HISTORY:

2017-18: S1159/A1674 - CODES/codes 2015-16: S1742/A1729 - Codes/Codes
2013-14: S1983/A8267 - Codes Committee/Codes Committee
2012: S7763 - Codes Committee
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2019-S520 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    520
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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
   offenders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 720.10 of the  criminal  procedure
 law,  as  amended by chapter 411 of the laws of 1979, is amended to read
 as follows:
   1. "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] TWENTY-ONE years old or a person charged with being  a  juve-
 nile  offender  as  defined  in subdivision forty-two of section 1.20 of
 this chapter.
   § 2. 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 the
 eligible youth CHARGED WITH A CRIME ALLEGED TO HAVE BEEN COMMITTED  WHEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD06274-01-9

 S. 520                              2
 
 HE  OR  SHE  WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN NINETEEN YEARS
 OLD had not prior to commencement of trial or entry of a plea of  guilty
 been  convicted  of a crime or found a youthful offender, the court must
 find he OR SHE is a youthful offender.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S520

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S520 (ACTIVE) - Details

2019-S520 (ACTIVE) - Summary

2019-S520 (ACTIVE) - Sponsor Memo

2019-S520 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S520

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S520 (ACTIVE) - Details

2019-S520 (ACTIVE) - Summary

2019-S520 (ACTIVE) - Sponsor Memo

2019-S520 (ACTIVE) - Bill Text download pdf

Comments