NY State Senate Bill 2021-S2224

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 20, 2021	referred to codes

2021-S2224 (ACTIVE) - Details

See Assembly Version of this Bill:: A6491
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§720.10, 720.20 & 720.25, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A5207
2019-2020: S7539, A3837
2023-2024: S4915, A4432

2021-S2224 (ACTIVE) - Summary

Relates to the "juvenile offender second chance act" which establishes the ability for a person to be adjudicated to be a youthful offender and receive all provisions and benefits of being a youthful offender.

2021-S2224 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2224

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the "juvenile
offender second chance act"

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to give first time juvenile offenders a
second chance before putting them through a criminal conviction system
so that they still have the opportunity to grow and be contributing
members to society.

 
SUMMARY OF PROVISIONS:

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 subdivi-
sions 4 and 8 are added.

 
JUSTIFICATION:

Under the current New York State (NYS) criminal code, juvenile offenders
are given lower sentences than adults with convictions for the same
crimes, but have the same collateral consequences of conviction as adult
offenders. This bill provides a second chance for young offenders to
overcome the onus of a criminal conviction. Under the bill a first-time
juvenile offender who is not a level three sex offender and who has
reached the age of 26 could petition to be retroactively adjudicated as
a youthful offender. This bill would allow such juvenile offenders to
become contributing members of society without the stigma of a criminal
conviction.

 
PRIOR LEGISLATION HISTORY:

2017-2018: A5207; Referred to Codes

2019-2020: A3837; Referred to Codes

S.7539 of 2020; Referred to Codes

 
FISCAL IMPLICATIONS:

N/A

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

2021-S2224 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2224
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 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 PERSON 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  PERSON  WAS CONVICTED OR SENTENCED AS A JUVENILE OFFENDER AS
 DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER;
   (B) THE PERSON IS AT LEAST TWENTY-SIX YEARS OLD;
   (C) THE PERSON HAS NOT BEEN CONVICTED OR SENTENCED FOR ANOTHER FELONY;
   (D) THE PERSON HAS NOT BEEN CONVICTED OR SENTENCED FOR MORE  THAN  ONE
 OTHER MISDEMEANOR;
   (E)  THE PERSON IS NOT REGISTERED AS A LEVEL THREE SEX OFFENDER PURSU-
 ANT TO SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW; AND
   (F) THE PERSON 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  PERSON  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.
                                                            LBD05906-01-1

 S. 2224                             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  PERSON  MEETS  THE  CRITERIA.  IF THE COURT DETERMINES THE
 PERSON MEETS THE CRITERIA SET  FORTH  IN  SUBDIVISION  FOUR  OF  SECTION
 720.10 OF THIS ARTICLE, THE COURT MUST FIND THE ELIGIBLE YOUTH PETITION-
 ER 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2224

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S2224 (ACTIVE) - Details

2021-S2224 (ACTIVE) - Summary

2021-S2224 (ACTIVE) - Sponsor Memo

2021-S2224 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2224

Share this bill

Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S2224 (ACTIVE) - Details

2021-S2224 (ACTIVE) - Summary

2021-S2224 (ACTIVE) - Sponsor Memo

2021-S2224 (ACTIVE) - Bill Text download pdf

Comments