NY State Senate Bill 2025-S4330

Senate Bill S4330

2025-2026 Legislative Session

Relates to granting certain individuals youthful offender status or young adult offender status; repealer

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Current 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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Feb 04, 2025	referred to codes

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2025-S4330 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §720.15 sub 3, amd CP L, generally; amd §§60.00, 60.02, 80.00 & 80.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5749
2023-2024: S3426

2025-S4330 (ACTIVE) - Summary

Relates to granting certain individuals youthful offender status; adds a new category of individuals eligible for young adult offender status; provides for process and sentencing requirements related to such statuses.

2025-S4330 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4330

SPONSOR: MYRIE
 
TITLE OF BILL:

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 to repeal certain provisions of the criminal procedure law
relating thereto


 
PURPOSE:

To update New York's criminal law to reflect twenty-first-century under-
standing of the adolescent brain and criminal culpability, by creating a
new Young Adult Offender status to apply to those who are 19 to 25 years
old at the time of the alleged offense, as well as a new First Offender
status for those 22 or older at the time of the alleged offense.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 720.10 of the Criminal Procedure
Law as added by chapter 981 of the laws of 1971 which defines key terms
such as, "Youth", "Eligible Youth", "Youthful offender finding", "Youth-
ful offender sentence", "Youthful offender adjudication" along with an
exemption highlighting the best course of action when a "youth" has been
convicted of specific criminal acts.

Section 2 repeals subdivision 3 of section 720.15 of the Criminal Proce-
dure Law.

Section 3 amends subdivision 1 of section 720.20 of the Criminal Proce-
dure Law to say that once someone is convicted as an eligible youth the
court must order a presentence investigation to determine whether or not
they qualify to be considered an "youthful offender".  Considerations
are that the charge is a misdemeanor offense, a class D or E felony, or
a class C felony. Anything other than that will fail the consideration
to be considered a "youthful offender".

Section 4 of the bill amends section 720.35, of the Criminal Procedure
Law, it also highlights that a youthful offender adjudication is not a
judgment of a crime for any other purpose than to highlight it during a
custody battle or supervision. The notification of this adjudication
will be kept private to all parties unless it is requested by the desig-
nated educational official who oversees the person at a private elemen-
tary or secondary school. At that point, it will be left to the
discretion of the official to use this information to help make an
educative plan for the child.

Section 5 of the bill amends subparagraph (i) of paragraph (b) of subdi-
vision 3 of section 220.30, as amended by Criminal Procedure Law chapter
410 of the laws of 1979, which does not allow for a plea of guilty to a
part or all aspects of the charge being presented. If the felony that is
being charged is a class A-I felony unless they qualify as an "eligible
youth"

Section 6 of the bill amends subdivision 3 of section 420.30 of the
Criminal Procedure Law, which allows for an "eligible youth" not to be
required to pay the fees charged when needing to complete the sex offen-
der registration fee, DNA Databank fee, or crime victim assistance fee.

Section 7 of the bill amends subdivision 2 of section 420.35 of the
Criminal Procedure Law which allows an "eligible youth" not to be
required to pay the fees charged when needing to complete the sex offen-
der registration fee, DNA Databank fee, or crime victim assistance fee.
In any other situation, all of these fees will not be allowed to be
waived under any condition unless otherwise stated.

Section 8 of the bill amends the Criminal Procedure Law by adding arti-
cle 721 which defines what young adult status procedure is, how it is
defined, and how it can be adjudicated.

Section 9 of the bill amends the Criminal Procedure Law by adding a new
section 440.49 that focuses on defining what an eligible youth is, and
the special stipulations that would grant a convicted person a "young
adult" status. It also allows the District Attorney the right to call
into question the status that was granted by the committee.

Section 10 of the bill amends Criminal Procedure at Law section 450.10
by adding a new subdivision 6 that allows for the denial of a motion to
grant a "youthful offender" status.

Section 11 of the bill amends PL section 60.00, subdivision 2 by adding
a new subdivision 3 that states it is only applicable to a juvenile
offender or someone who has been granted a "youthful offender" status.

Section 12 of the bill amends Subdivisions 1 and 2 of section 60.02 of
the penal law by adding a new subdivision 3 that states if someone is
granted a "young adult" sentence" then the punishment must be swapped as
long as it is not a felony. If the crime is considered to be a misdemea-
nor then the maximum sentence should 'not be bigger than 6 months.

Section 13 amends subdivision 4 of section 80.00 of the penal law with
the use of chapter 338 of the laws of 1989 that a corporation is ineli-
gible to qualify for a "young adult" status.

Section 14 amends subdivision 6 of section 80.05 of the penal law to
restrict a corporation by making them ineligible to qualify for a "young
adult" status.

Section 15 amends subdivision 4 of section 340.40 of the criminal proce-
dure law with the use of chapter 806 of the laws of 2021 that states
that under an "eligible youth" status any trial will automatically be a
jury trial unless at the specific request of the person being charged.
As such it will become a single-judge trial.

Section 16 provides the effective date.

 
JUSTIFICATION:

Modem neuroscience research shows that an adolescent's brain is not
fully developed until their mid-twenties. As the United States Supreme
Court recognized in Roper v. Simmons, 54.3 U.S. 551 (2005), adolescents
have diminished culpability for their actions as compared to adults.
"Youth are less mature and have an underdeveloped sense of responsibil-
ity; they are more vulnerable to outside pressures, including peer pres-
sure, and other negative influences; and their characters are less well
formed and still developing." Id. at 569-570. Youthful offender (YO)
status recognizes the differences in legal culpability between adoles-
cents and adults and provides a mechanism for different treatment of
young offenders when appropriate. Under the existing YO statute, youth
benefit from reduced sentencing, including alternatives to incarceration
and, because a YO adjudication is sealed to the public, the young person
is protected from devastating collateral consequences associated with a
permanent criminal record, including deportation, eligibility for
student loans, and employment and housing discrimination. All of these
protections are appropriate given the age of the offender.  Studies
reviewed and summarized by the National Conference of State Legislatures
support a conclusion that the neurobiological, psychosocial, and devel-
opmental differences between juveniles and adults continue into the late
teens and early twenties. A longitudinal study conducted by the chief of
Brain Imaging in the Child Psychiatry Branch of the National Institute
of Mental Health concluded that the average human brain is not fully
developed until age 25; critically, the frontal lobe, which is responsi-
ble for functions such as advanced cognition, controlling impulses and
judging consequences, continues to develop into the early twenties.  The
MacArthur Foundation has conducted psychosocial and developmental
research that corroborates the neurobiological findings.

New York must update its criminal procedure laws to reflect twenty-
first-century understanding of the adolescent brain and criminal culpa-
bility. This bill provides judges the discretion to grant the sealing
and sentencing protections of youthful offender status for youth until
their 26th birthday. The bill is also retroactive, in recognition of the
enormous harm that New York State has inflicted on youth - and almost
exclusively only youth of color - over the past forty years by saddling
youth with a permanent criminal record that stays with them their entire
life.

 
LEGISLATIVE HISTORY:

S3426 of 2023-24: Referred to Codes.

S5749A of 2021-22: Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S4330 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4330
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sens. MYRIE, BAILEY, BRISPORT, BROUK, CLEARE, FERNANDEZ,
   GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL,  PARKER,  RAMOS,  RIVERA,
   SALAZAR, 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  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 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 23 of  the
 laws  of  2024,  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" means a person charged with a crime alleged  to  have  been
 committed  when [he] SUCH PERSON was at least sixteen years old and less
 than nineteen years old or a person charged with being a juvenile offen-
 der 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 youth-
 ful 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, a crime formerly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08479-01-5

 S. 4330                             2
 
 defined in section 130.50 of the penal law, or the crime  of  aggravated
 sexual  abuse,  except as provided in subdivision three OF THIS SECTION,
 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 of this section,
 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 aggra-
 vated sexual abuse is an eligible youth if  the  court  determines  that
 [one  or  more  of the following factors exist:] THE INTEREST OF JUSTICE
 WOULD BE SERVED BY RELIEVING THE YOUTH  FROM  THE  ONUS  OF  A  CRIMINAL
 RECORD  AND  BY NOT IMPOSING AN INDETERMINATE SENTENCE OF MORE THAN FOUR
 YEARS.  IN MAKING SUCH DETERMINATION, THE COURT SHALL WEIGH THE  FOLLOW-
 ING  FACTORS:  (i) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE WITH
 DUE REGARD TO THE EXTENT OF THE HARM CAUSED BY IT; (II)  ANY  mitigating
 circumstances that bear [directly upon] ON the manner in which the crime
 was  committed;  [or (ii)] (III) where the [defendant] YOUTH was not the
 sole participant in the crime, the [defendant's participation was  rela-
 tively  minor  although  not  so minor as to constitute a defense to the
 prosecution] LEVEL AND EXTENT OF THE DEFENDANT'S DIRECT  INVOLVEMENT  IN
 THE CRIMINAL ACTIVITY; (IV) THE HISTORY AND BACKGROUND OF THE YOUTH; AND
 (V)  PROSPECTS  FOR  REHABILITATION  OF  THE  YOUTH OR OPPORTUNITIES FOR
 INTERVENTIONS THAT WOULD ASSIST THE YOUTH IN LEADING A LAW-ABIDING LIFE.
 Where the court determines that the eligible youth is a youthful  offen-
 der,  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.  "Youthful  offender  sentence"  means  the sentence imposed upon a
 youthful offender finding.
   6. "Youthful offender adjudication". A youthful offender  adjudication
 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. Subdivision 3 of section 720.15 of the criminal procedure law  is
 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  [in the opinion of the court the interest of justice would be
 served by relieving the eligible] THE ELIGIBLE YOUTH IS CHARGED  WITH  A
 S. 4330                             3
 
 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 OTHER
 THAN  A CLASS A-I OR A-II FELONY OFFENSE, THE COURT SHALL FIND THAT SUCH
 DEFENDANT IS A YOUTHFUL OFFENDER.
   (B) IN ALL OTHER CASES, EXCEPT WHEN THE YOUTH IS CHARGED WITH RAPE  IN
 THE FIRST DEGREE, AND AGGRAVATED SEXUAL ABUSE, THERE SHALL BE A PRESUMP-
 TION  TO GRANT YOUTHFUL OFFENDER STATUS TO AN ELIGIBLE YOUTH IN ORDER TO
 RELIEVE SUCH youth from the onus of a criminal record [and by not impos-
 ing], OTHER CONSEQUENCES OF A CRIMINAL CONVICTION, AND THE IMPOSITION OF
 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
 of  guilty  been  convicted of a crime or found a youthful offender, the
 court must find he is a youthful offender].   UPON MOTION  OF  NOT  LESS
 THAN SEVEN DAYS' NOTICE, THE PROSECUTOR MAY CHALLENGE THE PRESUMPTION TO
 GRANT YOUTHFUL OFFENDER STATUS.  THE COURT SHALL GRANT YOUTHFUL OFFENDER
 STATUS  UNLESS  THE PROSECUTOR REBUTS THE PRESUMPTION AND ESTABLISHES BY
 CLEAR AND CONVINCING EVIDENCE THAT THE CRITERIA SET FORTH IN SUBDIVISION
 TWO OF SECTION 720.10 OF THIS ARTICLE  REQUIRE  THAT  YOUTHFUL  OFFENDER
 STATUS BE DENIED.
   § 4. Section 720.35 of the criminal procedure law, as added by chapter
 981  of  the laws of 1971, subdivision 1 as amended by chapter 23 of the
 laws of 2021, subdivisions 2 and 4 as amended by section 87 of subpart B
 of part C of chapter 62 of the laws of 2011 and subdivision 3 as amended
 by chapter 181 of the laws of 2000, is amended to read as follows:
 § 720.35 Youthful offender adjudication; effect thereof; records.
   1. A youthful offender OR 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. A defendant for whom a youthful offender adjudication
 was substituted, who was originally charged with prostitution as defined
 in section 230.00  of  the  penal  law,  shall  be  deemed  a  "sexually
 exploited  child"  as defined in subdivision one of section four hundred
 forty-seven-a of the social services law  and  therefore  shall  not  be
 considered  an adult for purposes related to the charges in the youthful
 offender proceeding or a proceeding under section 170.80 of  this  chap-
 ter.
   2.  Except where specifically required or permitted by statute or upon
 specific authorization of the court, all official  records  and  papers,
 whether on file with the court, a police agency or the division of crim-
 inal  justice  services,  relating  to a case involving a youth OR YOUNG
 ADULT who has been adjudicated a youthful offender OR  GRANTED  A  YOUNG
 ADULT  STATUS FINDING, are confidential and may not be made available to
 any person or public or private agency, other than the designated educa-
 tional official of the public or private elementary or secondary  school
 in which the youth OR YOUNG ADULT is enrolled as a student provided that
 such  local educational official shall only have made available a notice
 of such adjudication and shall not have access  to  any  other  official
 records  and  papers, such youth OR YOUNG ADULT or such youth's OR YOUNG
 ADULT'S designated agent (but only where the official records and papers
 S. 4330                             4
 
 sought are on file with a court and request therefor  is  made  to  that
 court  or  to  a  clerk  thereof), an institution to which such youth OR
 YOUNG ADULT has been committed, the department of corrections and commu-
 nity  supervision and a probation department of this state that requires
 such official records and papers for the purpose of carrying out  duties
 specifically  authorized  by  law;  provided,  however, that information
 regarding an order of protection or temporary order of protection issued
 pursuant to section 530.12 of  this  chapter  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, where provided to a designated educational  official,
 as  defined  in  section 380.90 of this chapter, for purposes related to
 the execution of  the  student's  educational  plan,  where  applicable,
 successful  school  adjustment  and  reentry  into  the  community. Such
 notification shall be kept separate and apart from such student's school
 records and shall be accessible only by the designated educational offi-
 cial. Such notification shall not be part of  such  student's  permanent
 school record and shall not be appended to or included in any documenta-
 tion  regarding such student and shall be destroyed at such time as such
 student is no longer enrolled in the school district. At no  time  shall
 such  notification be used for any purpose other than those specified in
 this subdivision.
   3. If a youth OR YOUNG ADULT  who  has  been  adjudicated  a  youthful
 offender  OR  GRANTED  A  YOUNG  ADULT  STATUS  FINDING is enrolled as a
 student in a public or private elementary or secondary school the  court
 that  has  [adjudicated  the  youth  as a] MADE THE youthful offender OR
 YOUNG ADULT ADJUDICATION shall provide notification of such adjudication
 to the designated educational official of the school in which such youth
 OR YOUNG ADULT is enrolled as a student.   Such  notification  shall  be
 used by the designated educational official only for purposes related to
 the  execution  of  the  student's  educational  plan, where applicable,
 successful school  adjustment  and  reentry  into  the  community.  Such
 notification shall be kept separate and apart from such student's school
 records and shall be accessible only by the designated educational offi-
 cial.  Such  notification  shall not be part of such student's permanent
 school record and shall not be appended to or included in any documenta-
 tion regarding such student and shall be destroyed at such time as  such
 student  is  no longer enrolled in the school district. At no time shall
 such notification be used for any purpose other than those specified  in
 this subdivision.
   4.  Notwithstanding subdivision two of this section, whenever a person
 is adjudicated a youthful offender OR GRANTED YOUNG ADULT STATUS and the
 conviction that was vacated and replaced by  the  youthful  offender  OR
 YOUNG ADULT STATUS finding was for a sex offense as that term is defined
 in  article ten of the mental hygiene law, all records pertaining to the
 youthful offender OR YOUNG ADULT adjudication shall be included in those
 records and reports that may be obtained by the commissioner  of  mental
 health  or  the commissioner of developmental disabilities, as appropri-
 ate; the case review panel; and the attorney general pursuant to section
 10.05 of the mental hygiene law.
 S. 4330                             5
 
   § 5. 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  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] THIS RESTRICTION  SHALL
 NOT APPLY TO AN ELIGIBLE YOUTH, AS DEFINED IN SUBDIVISION TWO OF SECTION
 720.10 OF THIS CHAPTER, OR AN ELIGIBLE YOUNG ADULT, AS DEFINED IN SUBDI-
 VISION TWO OF SECTION 721.10 OF THIS CHAPTER.
   § 6. Subdivision 3 of section 420.30 of the criminal procedure law, as
 amended  by  chapter  144  of  the  laws  of 2020, is amended to read as
 follows:
   3. Restrictions. Except  as  provided  for  in  subdivision  two-a  of
 section 420.35 of this article, in no event shall a mandatory surcharge,
 sex  offender registration fee, DNA databank fee or crime victim assist-
 ance fee be remitted.  IN NO EVENT SHALL SUCH  FEES  BE  IMPOSED  FOR  A
 JUVENILE OFFENDER, A YOUTHFUL OFFENDER OR A YOUNG ADULT STATUS FINDING.
   § 7. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended by chapter 23 of the laws of 2021, is amended as follows:
   2. Except as provided in this subdivision or subdivision two-a of this
 section,  under  no  circumstances  shall  the  mandatory surcharge, sex
 offender registration fee, DNA databank fee or the crime victim  assist-
 ance  fee  be  waived.  A court shall waive any mandatory surcharge, DNA
 databank fee and crime victim assistance fee when: (i) the defendant  is
 convicted  of  prostitution  under section 230.00 of the penal law; (ii)
 the defendant is convicted of a violation in the event  such  conviction
 is  in  lieu  of  a plea to or conviction for prostitution under section
 230.00 of the penal law; (iii) the court finds that  a  defendant  is  a
 victim  of  sex  trafficking  under section 230.34 of the penal law or a
 victim  of  trafficking  in  persons  under  the   trafficking   victims
 protection act (United States Code, Title 22, Chapter 78); [or] (iv) the
 court finds that the defendant is a victim of sex trafficking of a child
 under  section  230.34-a  of  the penal law; OR (V) THE COURT DETERMINES
 THAT THE DEFENDANT IS A YOUTHFUL  OFFENDER  PURSUANT  TO  ARTICLE  SEVEN
 HUNDRED  TWENTY  OF THIS CHAPTER OR THE COURT GRANTS THE DEFENDANT YOUNG
 ADULT STATUS PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-ONE OF THIS  CHAP-
 TER.
   § 8. 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
                  APPEALS.
         721.35 YOUNG ADULT ADJUDICATION; EFFECT THEREOF; RECORDS.
 S. 4330                             6
 
 § 721.10 YOUNG ADULT STATUS PROCEDURE; DEFINITION OF TERMS.
   AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
 INGS:
   1.  "YOUNG ADULT" MEANS A PERSON CHARGED WITH A CRIME ALLEGED TO  HAVE
 BEEN COMMITTED WHEN SUCH PERSON WAS AT LEAST NINETEEN YEARS OLD AND LESS
 THAN TWENTY-SIX YEARS OLD.
   2.  "ELIGIBLE  YOUNG  ADULT"  MEANS  A PERSON WHO IS AT LEAST NINETEEN
 YEARS OLD AND LESS THAN TWENTY-SIX YEARS OLD WHO IS ELIGIBLE  FOR  YOUNG
 ADULT  STATUS.  EVERY  YOUNG  ADULT  IS  SO  ELIGIBLE  UNLESS:   (A) THE
 CONVICTION TO BE REPLACED BY YOUNG ADULT ADJUDICATION IS FOR (I) A CLASS
 A-I OR CLASS A-II FELONY, OR (II) RAPE IN  THE  FIRST  DEGREE,  CRIMINAL
 SEXUAL  ACT  IN  THE FIRST DEGREE, OR AGGRAVATED SEXUAL ABUSE, EXCEPT AS
 PROVIDED IN SUBDIVISION THREE OF THIS SECTION, OR (B) SUCH  YOUNG  ADULT
 HAS PREVIOUSLY BEEN CONVICTED AND SENTENCED FOR A FELONY.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 A YOUNG ADULT WHO HAS BEEN CONVICTED OF RAPE IN THE FIRST DEGREE, CRIMI-
 NAL SEXUAL ACT IN THE FIRST DEGREE, OR AGGRAVATED  SEXUAL  ABUSE  IS  AN
 ELIGIBLE YOUTH IF THE COURT DETERMINES, WITHOUT APPLYING THE PRESUMPTION
 DEFINED  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION 721.20 OF THIS
 ARTICLE, THAT THE INTEREST OF JUSTICE WOULD BE SERVED BY  RELIEVING  THE
 YOUNG  ADULT  FROM  THE ONUS OF A CRIMINAL RECORD AND BY NOT IMPOSING AN
 INDETERMINATE SENTENCE OF MORE THAN FOUR YEARS.  IN MAKING SUCH DETERMI-
 NATION, THE COURT SHALL WEIGH THE FOLLOWING FACTORS:
   (A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE WITH  DUE  REGARD
 TO THE EXTENT OF THE HARM CAUSED BY IT.
   (B)  ANY MITIGATING CIRCUMSTANCES THAT BEAR ON THE MANNER IN WHICH THE
 CRIME WAS COMMITTED.
   (C) WHERE THE YOUNG ADULT WAS NOT THE SOLE PARTICIPANT IN  THE  CRIME,
 THE  LEVEL  AND  EXTENT  OF SUCH YOUNG ADULT'S DIRECT INVOLVEMENT IN THE
 CRIMINAL ACTIVITY.
   (D) THE HISTORY AND BACKGROUND OF THE YOUNG ADULT.
   (E) PROSPECTS FOR REHABILITATION OF THE YOUNG ADULT  OR  OPPORTUNITIES
 FOR  INTERVENTIONS THAT WOULD ASSIST THE YOUNG ADULT IN LEADING A LAW-A-
 BIDING LIFE.
   WHERE THE COURT MAKES A YOUNG ADULT STATUS FINDING,  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 SUBDI-
 VISION THREE OF SECTION EIGHT HUNDRED THIRTY-SEVEN-A  OF  THE  EXECUTIVE
 LAW.
   4.    "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.
   5.  "YOUNG  ADULT  SENTENCE"  MEANS  THE SENTENCE IMPOSED UPON A YOUNG
 ADULT FINDING.
   6. "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 AN ELIGIBLE YOUNG ADULT IS INITIALLY ARRAIGNED UPON AN ACCUSA-
 TORY INSTRUMENT, SUCH ARRAIGNMENT AND  ALL  PROCEEDINGS  IN  THE  ACTION
 S. 4330                             7
 
 THEREAFTER  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.
   1. UPON CONVICTION OF AN ELIGIBLE YOUNG ADULT, THE COURT SHALL 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 SHALL DETERMINE WHETHER OR NOT THE  ELIGIBLE  YOUTH  WILL  RECEIVE
 YOUNG  ADULT STATUS.  SUCH DETERMINATION SHALL BE IN ACCORDANCE WITH THE
 FOLLOWING CRITERIA:
   (A) IF THE ELIGIBLE YOUNG ADULT IS CHARGED WITH A MISDEMEANOR OFFENSE,
 THE COURT SHALL GRANT SUCH ELIGIBLE YOUNG ADULT YOUNG ADULT STATUS;
   (B) IN ALL OTHER CASES, EXCEPT RAPE  IN  THE  FIRST  DEGREE,  CRIMINAL
 SEXUAL ACT IN THE FIRST DEGREE, AND AGGRAVATED SEXUAL ABUSE, THERE SHALL
 BE  A  PRESUMPTION  TO  GRANT ELIGIBLE YOUNG ADULT STATUS TO AN ELIGIBLE
 YOUNG ADULT IN ORDER TO RELIEVE SUCH YOUNG ADULT  FROM  THE  ONUS  OF  A
 CRIMINAL  RECORD,  OTHER  CONSEQUENCES OF A CRIMINAL CONVICTION, AND THE
 IMPOSITION OF AN INDETERMINATE TERM OF IMPRISONMENT OF  MORE  THAN  FOUR
 YEARS.   UPON MOTION ON NOT LESS THAN SEVEN DAYS' NOTICE, THE PROSECUTOR
 MAY CHALLENGE THE PRESUMPTION TO GRANT YOUNG ADULT STATUS.    THE  COURT
 SHALL GRANT YOUNG ADULT STATUS UNLESS THE PROSECUTOR REBUTS THE PRESUMP-
 TION  AND ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE CRITERIA
 SET FORTH IN SUBDIVISION TWO OF SECTION 721.10 OF THIS  ARTICLE  REQUIRE
 THAT YOUNG ADULT STATUS BE DENIED.
   2. WHERE AN ELIGIBLE YOUNG ADULT IS CONVICTED OF TWO OR MORE CRIMES OR
 OFFENSES SET FORTH IN SEPARATE COUNTS OF AN ACCUSATORY INSTRUMENT OR SET
 FORTH  IN  TWO  OR  MORE  ACCUSATORY  INSTRUMENTS CONSOLIDATED FOR TRIAL
 PURPOSES, THE COURT SHALL NOT GRANT  SUCH  ELIGIBLE  YOUNG  ADULT  YOUNG
 ADULT STATUS WITH RESPECT TO ANY SUCH CONVICTION PURSUANT TO SUBDIVISION
 ONE  OF THIS SECTION UNLESS IT GRANTS YOUNG ADULT STATUS WITH RESPECT TO
 ALL SUCH CONVICTIONS.
   3. UPON DETERMINING TO GRANT  YOUNG  ADULT  STATUS,  THE  COURT  SHALL
 DIRECT  THAT  THE  CONVICTION  BE DEEMED VACATED AND REPLACED BY A YOUNG
 ADULT STATUS FINDING; AND THE  COURT  SHALL  SENTENCE  THE  YOUNG  ADULT
 PURSUANT TO SECTION 60.02 OF THE PENAL LAW.
   4.  UPON DETERMINING THAT AN ELIGIBLE YOUNG ADULT SHALL NOT BE GRANTED
 YOUNG ADULT STATUS, THE COURT  SHALL  ORDER  THE  ACCUSATORY  INSTRUMENT
 UNSEALED  AND  CONTINUE  THE ACTION TO JUDGMENT PURSUANT TO THE ORDINARY
 RULES GOVERNING CRIMINAL PROSECUTIONS.
 § 721.30 YOUNG ADULT ADJUDICATION; POST-JUDGMENT MOTIONS AND APPEALS.
   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.  UPON  RECEIPT  OF NOTIFICATION OF A YOUNG ADULT ADJUDICATION, SUCH
 ADJUDICATION AND ALL RECORDS THEREOF SHALL BE SEALED IN THE SAME  MANNER
 AS  DEFINED  IN SECTION 720.35 OF THIS TITLE; AND SUCH RECORDS SHALL NOT
 S. 4330                             8
 
 BE AVAILABLE EXCEPT WHERE  SPECIFICALLY  REQUIRED  BY  STATUTE  OR  UPON
 SPECIFIC AUTHORIZATION BY THE COURT.
   §  9.  The  criminal  procedure law is amended by adding a new section
 440.49 to read as follows:
 § 440.49 RESENTENCING; YOUTHFUL OFFENDER.
   1. ANY PERSON UNDER THE AGE OF TWENTY-SIX 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
 TWO  OF  SECTION  720.10  OF  THIS CHAPTER AND AN "ELIGIBLE YOUNG ADULT"
 PURSUANT TO SUBDIVISION TWO 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  THE  STATUTE'S  EFFECTIVE  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-SIX AT THE TIME THE CRIME WAS
 COMMITTED WHO WOULD HAVE BEEN CONSIDERED AN "ELIGIBLE YOUTH" PURSUANT TO
 SUBDIVISION TWO OF SECTION 720.10 OF THIS CHAPTER AND AN "ELIGIBLE YOUNG
 ADULT" PURSUANT TO SUBDIVISION TWO 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
 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 TWO OF
 SECTION 720.20 AND SUBDIVISION TWO 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 SUCH
 PETITIONER  HAS  TAKEN  TOWARDS REHABILITATION, SUCH AS PARTICIPATING IN
 TREATMENT 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   SUCH
 PETITIONER'S  REHABILITATION  AND  UPON SUCH PETITIONER'S SUCCESSFUL AND
 PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY; AND
   (V) THE IMPACT OF COLLATERAL CONSEQUENCES OF  THE  CONVICTION  ON  THE
 PETITIONER AND SUCH PETITIONER'S FAMILY.
   (B)  THE  DISTRICT  ATTORNEY  MAY  CHALLENGE  THE PRESUMPTION TO GRANT
 YOUTHFUL OFFENDER STATUS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION 720.20 AND PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 721.20 OF
 THIS CHAPTER.
 S. 4330                             9
 
   4. SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND  SUBDIVISION
 FOUR  OF  SECTION  SEVEN  HUNDRED  TWENTY-TWO OF THE COUNTY LAW, AND THE
 RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW SHALL APPLY TO  THE
 PREPARATION AND PROCEEDINGS ON MOTIONS PURSUANT TO THIS SECTION, INCLUD-
 ING ANY APPEALS.
   §  10.  Section  450.10  of  the  criminal procedure law is amended by
 adding a new subdivision 6 to read as follows:
   6. AN ORDER DENYING A MOTION, MADE PURSUANT TO SECTION 440.49 OF  THIS
 TITLE, FOR GRANTING YOUTHFUL OFFENDER OR YOUNG ADULT STATUS.
   §  11.  Subdivision  2  of section 60.00 of the penal law, as added by
 chapter 481 of the laws of 1978, is amended and a new subdivision  3  is
 added 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.
   3. THE SOLE PROVISIONS OF THIS ARTICLE THAT MAY APPLY IN THE  CASE  OF
 AN  OFFENSE  COMMITTED BY A DEFENDANT ADJUDICATED A YOUTHFUL OFFENDER OR
 YOUNG ADULT STATUS ARE SECTIONS 60.02 AND 60.10-A OF THIS ARTICLE AND NO
 OTHER PROVISIONS OF THIS ARTICLE SHALL BE DEEMED OR CONSTRUED  TO  APPLY
 IN ANY SUCH CASE.
   §  12.  Subdivisions  1  and  2  of section 60.02 of the penal law, as
 amended by chapter 471 of the laws of 1980, are amended and a new subdi-
 vision 3 is added to read as follows:
   (1) If the sentence is to be imposed upon a youthful offender OR YOUNG
 ADULT STATUS 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 OR YOUNG ADULT 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,] WHERE THE CONVICTION IS FOR A  MISDEMEA-
 NOR  the  court  must  not impose a definite or intermittent sentence of
 imprisonment with a term of more than six months; or
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted for a conviction for any felony, the court
 must impose a sentence authorized to be imposed upon a person  convicted
 of a class E felony [provided, however, that the court must not impose a
 sentence  of  conditional  discharge  or  unconditional discharge if the
 youthful offender finding was substituted for a conviction of  a  felony
 defined in article two hundred twenty of this chapter].
   (3) IF THE SENTENCE IS TO BE IMPOSED UPON A YOUNG ADULT STATUS FINDING
 WHICH  HAS  BEEN  SUBSTITUTED FOR A CONVICTION FOR ANY FELONY, THE COURT
 SHALL IMPOSE A SENTENCE AUTHORIZED TO BE IMPOSED UPON A PERSON CONVICTED
 OF A CLASS E FELONY.
   § 13. 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 TO A YOUTHFUL OFFENDER FINDING  AS  DEFINED  IN  SECTION
 720.10  OF  THE  CRIMINAL PROCEDURE LAW OR YOUNG ADULT STATUS FINDING AS
 DEFINED IN SECTION 721.10 OF THE CRIMINAL PROCEDURE LAW.
   § 14. 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 TO A YOUTHFUL OFFENDER FINDING  AS  DEFINED  IN  SECTION
 S. 4330                            10
 
 720.10  OF  THE  CRIMINAL PROCEDURE LAW OR YOUNG ADULT STATUS FINDING AS
 DEFINED IN SECTION 721.10 OF THE CRIMINAL PROCEDURE LAW.
   §  15.  Subdivision 4 of section 340.40 of the criminal procedure law,
 as amended by chapter 806 of the laws of 2021, is  amended  to  read  as
 follows:
   4.  Notwithstanding any other provision of law, [in any local criminal
 court] the trial of a person who is an eligible youth within the meaning
 of the youthful offender procedure set forth in  article  seven  hundred
 twenty  of  this  chapter  [and who has not prior to commencement of the
 trial been convicted of a crime or adjudicated a youthful offender  must
 be] SHALL BE A JURY TRIAL OR, WHERE THE ELIGIBLE YOUTH HAS WAIVED A JURY
 TRIAL PURSUANT TO SECTION 320.10 OF THIS PART, a single judge trial.
   §  16.  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.

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