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

                                  3975

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of  A.  MAYERSOHN  -- Multi-Sponsored by -- M. of A.
  COLTON, DIAZ, HOOPER, JOHN, MAGEE, ORTIZ -- read once and referred  to
  the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to eligibility
  for youthful offender treatment

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

  Section  1.  Subdivision 2 of section 720.10 of the criminal procedure
law, as amended by chapter 416 of the laws of  1986,  paragraph  (a)  as
amended  by  chapter  316  of  the  laws  of 2006, is 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, 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[.], OR
  (D)  SUCH  YOUTH HAS PREVIOUSLY BEEN ADJUDICATED A JUVENILE DELINQUENT
ON TWO OR MORE OCCASIONS FOR THE COMMISSION OF  AN  ACT  OR  ACTS  WHICH
WOULD  CONSTITUTE A FELONY IF COMMITTED BY AN ADULT. SUCH YOUTH IS NONE-
THELESS AN ELIGIBLE YOUTH IF THE COURT DETERMINES THAT ONE  OR  MORE  OF
THE  FOLLOWING  FACTORS  EXIST:  (I)  MITIGATING CIRCUMSTANCES THAT BEAR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04374-01-9
              

A. 3975                             2

DIRECTLY UPON THE MANNER IN WHICH THE ACT OR ACTS WHICH WOULD CONSTITUTE
A CRIME IF COMMITTED BY AN  ADULT  WAS  COMMITTED;  OR  (II)  WHERE  THE
DEFENDANT  WAS  NOT  THE SOLE PARTICIPANT IN THE ACT OR ACTS WHICH WOULD
CONSTITUTE  A  CRIME  IF  COMMITTED BY AN ADULT, THE DEFENDANT'S PARTIC-
IPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS  TO  CONSTITUTE  A
DEFENSE TO THE PROSECUTION.
  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.