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Assembly Bill A3676

2009-2010 Legislative Session

Reforms youthful offender laws so that a person who commits a violent offense within 5 years of a youthful offender adjudication is treated as a repeat felon

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Archive: Last Bill Status - In Assembly Committee

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2009-A3676 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง720.35, CP L
Versions Introduced in 2011-2012 Legislative Session:
A6454

2009-A3676 (ACTIVE) - Summary

Reforms youthful offender laws so that a person who commits a violent offense within 5 years of a youthful offender adjudication is treated as a repeat felon; removes the confidentiality of such youthful offender adjudication records.

2009-A3676 (ACTIVE) - Bill Text download pdf 

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

                                  3676

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A. KOON, RAMOS -- Multi-Sponsored by -- M. of A.
  GALEF, JOHN, MAYERSOHN, PHEFFER, SEMINERIO -- read once  and  referred
  to the Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to treatment of
  certain youthful offenders as repeat felons

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

  Section  1.  Subdivision 1 of section 720.35 of the criminal procedure
law, as amended by chapter 452 of the laws of 1992, is amended  to  read
as follows:
  1.  A  youthful  offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate  as  a  disquali-
fication  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] (A) for the purposes of transfer of
supervision and custody pursuant to section two hundred fifty-nine-m  of
the  executive  law  OR  (B)  FOR THE PURPOSE OF DETERMINING WHETHER THE
PERSON IS SUBJECT TO SENTENCE PURSUANT TO SECTION 70.04, 70.06, 70.08 OR
70.10 OF THE PENAL LAW, WHENEVER THE  PERSON  HAS  COMMITTED  A  VIOLENT
FELONY  OFFENSE,  AS  DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE
PENAL LAW, WITHIN FIVE YEARS OF THE DATE ON WHICH HE OR SHE WAS  ADJUDI-
CATED  A  YOUTHFUL OFFENDER FOR A FELONY OFFENSE, AND HAS BEEN CONVICTED
OF SUCH VIOLENT FELONY OFFENSE.
  S 2. Section 720.35 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHENEVER A  PERSON
STANDS CONVICTED OF A VIOLENT FELONY OFFENSE COMMITTED WITHIN FIVE YEARS
OF  THE DATE ON WHICH HE OR SHE IS ADJUDICATED A YOUTHFUL OFFENDER FOR A
FELONY OFFENSE, ALL RECORDS PERTAINING TO THE YOUTHFUL OFFENDER  ADJUDI-
CATION SHALL NO LONGER BE CONFIDENTIAL.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

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