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.