S T A T E   O F   N E W   Y O R K
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                                  4945

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of  A.  MAYERSOHN  -- Multi-Sponsored by -- M. of A.
  COLTON, HOOPER, MAGEE, ORTIZ -- read once and referred to the  Commit-
  tee 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 OF THIS CHAPTER, 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 OF THIS SECTION, 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.
                                                           LBD08650-01-1
              

A. 4945                             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.