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Assembly Bill A4743B

2017-2018 Legislative Session

Relates to granting certain individuals youthful offender status

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2017-A4743 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§720.10, 720.15 & 720.20, rpld §720.10 sub 2 ¶(c), CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10267
2013-2014: A1794
2015-2016: A5022
2019-2020: A5871

2017-A4743 - Summary

Increases the age of a person from nineteen to twenty-two to be deemed a youth for youthful offender status and provides that there is a presumption of such status unless the interest of justice requires otherwise and proper notice is given.

2017-A4743 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4743
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  JAFFEE,  PERRY  -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  increasing
   the age of a person deemed a youth for youthful offender status
 
   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  was at least sixteen years old and less than [nine-
 teen] TWENTY-TWO years old or a person charged  with  being  a  juvenile
 offender  as  defined  in  subdivision forty-two of section 1.20 of this
 chapter.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07161-01-7

co-Sponsors

2017-A4743A - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§720.10, 720.15 & 720.20, rpld §720.10 sub 2 ¶(c), CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10267
2013-2014: A1794
2015-2016: A5022
2019-2020: A5871

2017-A4743A - Summary

Increases the age of a person from nineteen to twenty-two to be deemed a youth for youthful offender status and provides that there is a presumption of such status unless the interest of justice requires otherwise and proper notice is given.

2017-A4743A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4743--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  JAFFEE,  PERRY  -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  granting
   certain individuals youthful offender status

   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  was at least sixteen years old and less than [nine-
 teen] TWENTY-TWO years old or a person charged  with  being  a  juvenile
 offender  as  defined  in  subdivision forty-two of section 1.20 of this
 chapter.
   § 2. Subdivision 3 of section 720.15 of the criminal procedure law, as
 amended by chapter 774 of the laws  of  1985,  is  amended  to  read  as
 follows:
   3.  The provisions of subdivisions one and two of this section requir-
 ing or authorizing the accusatory instrument filed against a youth to be
 sealed, and the arraignment and all proceedings  in  the  action  to  be
 conducted in private shall not apply in connection with a pending charge
 of  committing  any felony SEX offense as defined in the penal law. [The
 provisions of subdivision one requiring the accusatory instrument  filed
 against a youth to be sealed shall not apply where such youth has previ-
 ously been adjudicated a youthful offender or convicted of a crime.]
   § 3. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07161-04-7

co-Sponsors

2017-A4743B (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§720.10, 720.15 & 720.20, rpld §720.10 sub 2 ¶(c), CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10267
2013-2014: A1794
2015-2016: A5022
2019-2020: A5871

2017-A4743B (ACTIVE) - Summary

Increases the age of a person from nineteen to twenty-two to be deemed a youth for youthful offender status and provides that there is a presumption of such status unless the interest of justice requires otherwise and proper notice is given.

2017-A4743B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4743--B
                                                         Cal. No. 339
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of A. O'DONNELL, JAFFEE, PERRY, ZEBROWSKI, MOSLEY --
   read once  and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- ordered to a third reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  granting
   certain  individuals  youthful  offender status; and to repeal certain
   provisions of such law relating thereto
 
   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 was at least sixteen years old and  less  than  [nine-
 teen]  TWENTY-TWO  years  old  or a person charged with being a juvenile
 offender as defined in subdivision forty-two of  section  1.20  of  this
 chapter.
   §  2. Paragraph (c) of subdivision 2 of section 720.10 of the criminal
 procedure law is REPEALED.
   § 3. Subdivision 3 of section 720.15 of the criminal procedure law, as
 amended by chapter 774 of the laws  of  1985,  is  amended  to  read  as
 follows:
   3.  The provisions of subdivisions one and two of this section requir-
 ing or authorizing the accusatory instrument filed against a youth to be
 sealed, and the arraignment and all proceedings  in  the  action  to  be
 conducted in private shall not apply in connection with a pending charge
 of  committing  any felony SEX offense as defined in the penal law. [The
 provisions of subdivision one requiring the accusatory instrument  filed
 against a youth to be sealed shall not apply where such youth has previ-
 ously been adjudicated a youthful offender or convicted of a crime.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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