BILL NUMBER:A9752
TITLE OF BILL: An act to amend the criminal procedure law, in
relation to youthful offender procedure
PURPOSE: This bill would exempt the crimes of making graffiti and
possession of graffiti instruments from the youthful offender
procedure after defendant is found guilty of such a charge.
SUMMARY OF PROVISIONS: Section one amends Section 720.35 of the
Criminal Procedure Law by adding a new subdivision 5. Whenever a
person is adjudicated a youthful offender and the conviction that was
vacated and replaced by the youthful offender finding was either
making graffiti in violation of section 145.60 of the penal law or
possession of graffiti in violation of section 145.60 of the penal
law, then the name of the youthful offender and the crime for which
the youthful offender and the crime for which the youthful offender
finding was substituted shall not be confidential and may be available
to any person or public or private agency. Section two states that
this act shall take effect on the first of November next succeeding
the date on which it shall have become a law.
JUSTIFICATION: Recent incidents of urban scrawl on the Staten Island
Railway have been rising. Introducing legislation which would permit
authorities to release the names of minors who have either plead
guilty or been found guilty of such a charge, creates a major way to
S T A T E O F N E W Y O R K
________________________________________________________________________
9752
I N A S S E M B L Y
January 21, 2010
___________
Introduced by M. of A. TOBACCO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to youthful
offender procedure
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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
IS ADJUDICATED A YOUTHFUL OFFENDER AND THE CONVICTION THAT WAS VACATED
AND REPLACED BY THE YOUTHFUL OFFENDER FINDING WAS EITHER MAKING GRAFFITI
IN VIOLATION OF SECTION 145.60 OF THE PENAL LAW OR POSSESSION OF GRAFFI-
TI INSTRUMENTS IN VIOLATION OF SECTION 145.65 OF THE PENAL LAW, THEN THE
NAME OF THE YOUTHFUL OFFENDER AND THE CRIME FOR WHICH THE YOUTHFUL
OFFENDER FINDING WAS SUBSTITUTED SHALL NOT BE CONFIDENTIAL AND MAY BE
MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY.
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02098-02-9
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