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Senate Bill S617

2009-2010 Legislative Session

Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S617 (ACTIVE) - Details

See Assembly Version of this Bill:
A9752
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง720.35, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2943, A5768
2013-2014: S4546, A4536
2015-2016: S3475, A6178

2009-S617 (ACTIVE) - Summary

Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge.

2009-S617 (ACTIVE) - Sponsor Memo

2009-S617 (ACTIVE) - Bill Text download pdf 

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

                                   617

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             January 9, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee 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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