NY State Senate Bill 2009-S4675

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Apr 27, 2009	referred to codes

2009-S4675 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §720.10, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2836
2013-2014: S3078
2015-2016: S2066
2017-2018: S512
2019-2020: S925

2009-S4675 (ACTIVE) - Summary

Denies eligibility for youthful offender treatment upon conviction of a class B violent felony, unless the court determines that such person was a minor participant in the crime or that mitigating circumstances exist which bear directly upon the manner in which the crime was committed.

2009-S4675 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4675

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to eligibility for youthful offender status

 PURPOSE :

To limit the eligibility of a person for youthful offender treatment
when such person has been convicted of any class B violent felony.

 SUMMARY OF PROVISIONS :

Subdivisions 2 and 3 of Section 720.10 of the Criminal Procedure Law
are amended.

 JUSTIFICATION :

Once a person is determined eligible to be found a youthful offender,
whether by the court or by operation of law, the court has unlimited
discretion to then grant youthful offender treatment. Significant
benefits accrue upon the receipt of a youthful offender determination.
The conviction is vacated and replaced, i.e. a youthful offender
adjudication does not operate as a criminal conviction. The maximum
sentence which may be imposed is 1 1/3 to 4 years as opposed to 8 1/3
to 25 years which would otherwise be applicable at the B felony level.
Thus, the determination of eligibility is perhaps the most crucial

stage in the youthful offender procedure.

Since the eligibility determination is such a critical threshold, the
provisions of current law, for the most part, limit the conditions
under which eligibility may be attained. For example, a person
convicted for any class A-I or A-II felony or a person who previously
has been convicted for a felony or adjudicated a youthful offender is
never eligible. A person convicted for an armed felony or for the
listed violent B felonies of aggravated sexual abuse or first degree
rape and sodomy has only a limited potential for eligibility. That is,
absent a court finding that mitigating circumstances also exist, a
person convicted for any armed felony or for these listed B felonies
will also be ineligible.

Present law, however, does not similarly limit eligibility for many
other violent B felony convictions. Among the violent B felonies not
currently listed are: attempted second degree murder, first degree
manslaughter, first degree robbery and burglary if no firearm is used,
regardless of the fact that a non-firearm dangerous instrument is used
or that serious physical injury results, second degree arson and
kidnapping.

Certainly these crimes involve a degree of harm equal to or greater
than the offenses currently listed. And yet, under current law, a
conviction for any of these violent B felonies results in an
unrestricted eligibility for youthful offender treatment while persons
convicted for other violent B felonies or, for that matter, for
certain crimes of a lesser felony classification, have their
eligibility severely limited.

At best, it is inconsistent to limit youthful offender eligibility for
some, but not all, violent B felony convictions. More importantly, it
is inappropriate that any conviction at the violent B felony level is
allowed to result in an automatic and unconditional youthful offender
eligibility. This bill would eliminate the disparity found in current
law by making eligibility for youthful offender treatment for all
violent B felonies contingent upon a court finding of mitigating
circumstances.

 LEGISLATIVE HISTORY :
2008:  S.378   - Passed Senate.
2006:  S.6237   - Passed Senate.
2004:  S.3315-A - Passed Senate.
2002:  S.3009   - Passed Senate.
2000:  S.3337   - Passed Senate.

 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.

2009-S4675 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4675

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  eligibility
  for youthful offender status

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of  section  720.10  of  the  criminal
procedure  law,  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 and subdivision 3 as amended by chapter 264 of the laws of
2003, are amended to read as follows:
  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, criminal sexual
act in the first degree, or aggravated sexual abuse] A CLASS  B  VIOLENT
FELONY OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
70.02 OF THE PENAL LAW, 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] A CLASS B VIOLENT FELONY OFFENSE is  an  eligible  youth  if  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07181-01-9

S. 4675                             2

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 constitute a  defense  to  the  prose-
cution. 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  thir-
ty-seven-a of the executive law.
  S 2. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that the provisions of this act shall apply only to  offenses  committed
on or after such effective date.

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Senate Bill S4675

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Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S4675 (ACTIVE) - Details

2009-S4675 (ACTIVE) - Summary

2009-S4675 (ACTIVE) - Sponsor Memo

2009-S4675 (ACTIVE) - Bill Text download pdf

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S4675 (ACTIVE) - Details

2009-S4675 (ACTIVE) - Summary

2009-S4675 (ACTIVE) - Sponsor Memo

2009-S4675 (ACTIVE) - Bill Text download pdf

Comments