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Assembly Bill A4531

2009-2010 Legislative Session

Reinstates prior vacated conviction for certain youthful offenders

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Archive: Last Bill Status - In Assembly Committee

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2009-A4531 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §720.40, CP L; amd §70.06, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A4974

2009-A4531 (ACTIVE) - Summary

Provides that a person adjudicated a youthful offender shall have the felony conviction which was vacated as a result of youthful offender adjudication reinstated and considered as a predicate felony when convicted of a subsequent felony within 5 years of such adjudication.

2009-A4531 (ACTIVE) - Bill Text download pdf 

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

                                  4531

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of A. MAYERSOHN, SCHIMMINGER, GUNTHER -- Multi-Spon-
  sored by -- M. of A.  ALFANO, AUBRY, BARRA, COLTON, SCARBOROUGH, SWEE-
  NEY -- read once and referred to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation to youthful offenders

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 720.40 to read as follows:
S  720.40  YOUTHFUL  OFFENDER  ADJUDICATION;  REINSTATEMENT OF PREDICATE
               FELONY CONVICTION.
  UPON THE FELONY CONVICTION OF A PERSON WITHIN  FIVE  YEARS  OF  HAVING
BEEN ADJUDICATED A FELONY OFFENDER, THE PREVIOUS FELONY CONVICTION WHICH
WAS  VACATED  PURSUANT  TO  SUBDIVISION  THREE OF SECTION 720.20 OF THIS
ARTICLE SHALL BE REINSTATED AS OF THE TIME OF  SUCH  PRIOR  ADJUDICATION
AND  SUCH  REINSTATED  CONVICTION SHALL BE CONSIDERED A PREDICATE FELONY
CONVICTION FOR PURPOSES OF SENTENCING PURSUANT TO SECTION 70.06  OF  THE
PENAL LAW.
  S  2. Paragraph (b) of subdivision 1 of section 70.06 of the penal law
is amended by adding a new subparagraph (vii) to read as follows:
  (VII) NOTWITHSTANDING THE PROVISIONS  OF  SUBPARAGRAPH  (IV)  OF  THIS
PARAGRAPH TO THE CONTRARY, SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN
FIVE  YEARS BEFORE COMMISSION OF THE FELONY OF WHICH THE DEFENDANT PRES-
ENTLY STANDS CONVICTED WHERE SUCH SENTENCE INCLUDED  ADJUDICATION  AS  A
YOUTHFUL OFFENDER PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMI-
NAL PROCEDURE LAW.
  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.
                                                           LBD04496-01-9

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