NY State Senate Bill 2021-S2799

Senate Bill S2799

2021-2022 Legislative Session

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

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jun 10, 2021	committed to rules
Feb 10, 2021	advanced to third reading
Feb 09, 2021	2nd report cal.
Feb 08, 2021	1st report cal.310
Jan 25, 2021	referred to codes

Votes

- Feb 8, 2021 - Codes Committee Vote
  S2799
  
  9
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 8, 2021
      
      aye (9)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (2)
      
      O'Mara
      
      Palumbo
      
      aye wr (2)
      
      Akshar
      
      Gallivan

co-Sponsors

2021-S2799 (ACTIVE) - Details

See Assembly Version of this Bill:: A5752
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
2017-2018: S5893, A2480
2019-2020: S2183, A718
2023-2024: S961, A742, A9145

2021-S2799 (ACTIVE) - Summary

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

2021-S2799 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2799

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
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 adju-
dication. 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 adju-
dication. 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 treat-
ment 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 Youth-
ful Offender status automatically if the person is a first-time offen-
der. 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:

2017-18: S5893/A.2480 (Joyner) - Referred to Codes
2019-20: S2183/A.718 (Joyner) - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

2021-S2799 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2799
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 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.
                                                            LBD03537-01-1

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Senate Bill S2799

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Sponsored By

Jamaal T. Bailey