S T A T E   O F   N E W   Y O R K
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                                  6454

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2011
                               ___________

Introduced  by  M. of A. JOHNS, GIGLIO -- Multi-Sponsored by -- M. of A.
  BURLING, CALHOUN, CROUCH,  GOODELL,  GRAF,  KATZ,  LOSQUADRO,  MURRAY,
  N. RIVERA, TEDISCO -- read once and referred to the Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to treatment of
  certain youthful offenders as repeat felons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 720.35 of the criminal procedure
law, as amended by chapter 452 of the laws of 1992, is amended  to  read
as follows:
  1.  A  youthful  offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate  as  a  disquali-
fication  of  any  person  so  adjudged  to hold public office or public
employment or to receive any license granted  by  public  authority  but
shall  be deemed a conviction [only] (A) for the purposes of transfer of
supervision and custody pursuant to section two hundred fifty-nine-m  of
the  executive  law  OR  (B)  FOR THE PURPOSE OF DETERMINING WHETHER THE
PERSON IS SUBJECT TO SENTENCE PURSUANT TO SECTION 70.04, 70.06, 70.08 OR
70.10 OF THE PENAL LAW, WHENEVER THE  PERSON  HAS  COMMITTED  A  VIOLENT
FELONY  OFFENSE,  AS  DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE
PENAL LAW, WITHIN FIVE YEARS OF THE DATE ON WHICH HE OR SHE WAS  ADJUDI-
CATED  A  YOUTHFUL OFFENDER FOR A FELONY OFFENSE, AND HAS BEEN CONVICTED
OF SUCH VIOLENT FELONY OFFENSE.
  S 2. 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
STANDS CONVICTED OF A VIOLENT FELONY OFFENSE COMMITTED WITHIN FIVE YEARS
OF  THE DATE ON WHICH HE OR SHE IS ADJUDICATED A YOUTHFUL OFFENDER FOR A
FELONY OFFENSE, ALL RECORDS PERTAINING TO THE YOUTHFUL OFFENDER  ADJUDI-
CATION SHALL NO LONGER BE CONFIDENTIAL.
  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.
              

                                                           LBD09256-01-1