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Senate Bill S7763

2011-2012 Legislative Session

Relates to youthful offenders

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2011-S7763 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง720.10 & 720.20, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S1983
2015-2016: S1742
2017-2018: S1159
2019-2020: S520

2011-S7763 (ACTIVE) - Summary

Alters the definition of "youth" to mean a person who is at least sixteen years old and less than twenty-one years old; provides that where a crime is had in a local criminal court and the eligible youth charged with a crime is alleged to have been committed when he or she was at least sixteen years old and less than nineteen years had not prior to the commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court must find that he or she is a youthful offender.

2011-S7763 (ACTIVE) - Sponsor Memo

2011-S7763 (ACTIVE) - Bill Text download pdf 

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

                                  7763

                            I N  S E N A T E

                              June 18, 2012
                               ___________

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

AN ACT to amend the criminal procedure  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. Subdivision 1 of section 720.10 of the  criminal  procedure
law,  as  amended by chapter 411 of the laws of 1979, is amended to read
as follows:
  1. "Youth" means a person charged with a crime alleged  to  have  been
committed  when  he  OR SHE was at least sixteen years old and less than
[nineteen] TWENTY-ONE years old or a person charged with being  a  juve-
nile  offender  as  defined  in subdivision forty-two of section 1.20 of
this chapter.
  S 2. Subdivision 1 of section 720.20 of the criminal procedure law, as
amended by chapter 652 of the laws  of  1974,  is  amended  to  read  as
follows:
  1.   Upon conviction of an eligible youth, the court must order a pre-
sentence investigation of the defendant.   After receipt  of  a  written
report  of the investigation and at the time of pronouncing sentence the
court must determine whether or not the eligible  youth  is  a  youthful
offender.   Such determination shall be in accordance with the following
criteria:
  (a)  If in the opinion of the court the interest of justice  would  be
served  by  relieving  the  eligible  youth  from the onus of a criminal
record and by not imposing an indeterminate term of imprisonment of more
than four years, the court may, in its  discretion,  find  the  eligible
youth is a youthful offender; and
  (b)    Where  the  conviction is had in a local criminal court and the
eligible youth CHARGED WITH A CRIME ALLEGED TO HAVE BEEN COMMITTED  WHEN
HE  OR  SHE  WAS AT LEAST SIXTEEN YEARS OLD AND LESS THAN NINETEEN YEARS
OLD had not prior to commencement of trial or entry of a plea of  guilty
been  convicted  of a crime or found a youthful offender, the court must
find he OR SHE is a youthful offender.
  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.

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