Assembly Bill A4974

2011-2012 Legislative Session

Reinstates prior vacated conviction for certain youthful offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2011-A4974 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §720.40, CP L; amd §70.06, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A4531

2011-A4974 (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.

2011-A4974 (ACTIVE) - Bill Text download pdf 

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

                                  4974

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of A. MAYERSOHN, SCHIMMINGER, GUNTHER -- Multi-Spon-
  sored by -- M. of A.  AUBRY, COLTON, SCARBOROUGH, SWEENEY -- 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.
                                                           LBD08641-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.