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Senate Bill S1159

2017-2018 Legislative Session

Relates to youthful offenders

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2017-S1159 (ACTIVE) - Details

See Assembly Version of this Bill:
A1674
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§720.10 & 720.20, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7763
2013-2014: S1983, A8267
2015-2016: S1742, A1729
2019-2020: S520

2017-S1159 (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 the conviction 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.

2017-S1159 (ACTIVE) - Sponsor Memo

2017-S1159 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1159
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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