S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5027
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  eligibility
   for conviction sealing for eligible youth
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 160.59 of the criminal procedure law is amended  by
 adding a new subdivision 12 to read as follows:
   12. (A) NOTWITHSTANDING ANY OTHER LAW, WHERE AN ELIGIBLE YOUTH WAS NOT
 DETERMINED  TO  BE A YOUTHFUL OFFENDER BY THE COURT PURSUANT TO SUBDIVI-
 SION ONE OF SECTION 720.20 OF THIS CHAPTER, BUT WAS  OTHERWISE  ELIGIBLE
 TO  BE  DETERMINED  TO  BE A YOUTHFUL OFFENDER PURSUANT TO ARTICLE SEVEN
 HUNDRED TWENTY OF THIS CHAPTER, SUCH INDIVIDUAL  SHALL  BE  ELIGIBLE  TO
 APPLY  FOR CONVICTION SEALING IN ACCORDANCE WITH THIS SECTION.  NOTWITH-
 STANDING PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AN  "ELIGIBLE
 OFFENSE" FOR SUCH INDIVIDUAL SHALL INCLUDE ANY CRIME DEFINED IN THE LAWS
 OF  THIS  STATE OTHER THAN (I) A CLASS A-I OR CLASS A-II FELONY, OR (II)
 AN ARMED FELONY AS DEFINED IN SUBDIVISION  FORTY-ONE  OF  SECTION  1.20,
 EXCEPT  AS  PROVIDED  IN  PARAGRAPH (B) OF THIS SUBDIVISION, OR (III) AN
 OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO
 ARTICLE SIX-C OF THE CORRECTION LAW.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  AN  ELIGIBLE  YOUTH  WHO  HAS  BEEN  CONVICTED OF AN ARMED FELONY
 OFFENSE IS ELIGIBLE FOR CONVICTION SEALING PURSUANT TO THIS  SECTION  IF
 THE  SENTENCING JUDGE, OR COUNTY OR SUPREME COURT DETERMINES THAT ONE OR
 MORE OF THE FOLLOWING FACTORS EXIST: (I) MITIGATING  CIRCUMSTANCES  THAT
 BEAR  DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS COMMITTED; OR (II)
 WHERE THE DEFENDANT WAS NOT THE  SOLE  PARTICIPANT  IN  THE  CRIME,  THE
 DEFENDANT'S  PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH NOT SO MINOR AS
 TO CONSTITUTE A DEFENSE TO THE PROSECUTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04909-03-9
              

 A. 5027                             2
 
   (C) AN ELIGIBLE YOUTH WHO HAS PREVIOUSLY APPLIED FOR CONVICTION  SEAL-
 ING  UNDER  THIS  SECTION, BUT WAS DENIED, SHALL BE PERMITTED TO REAPPLY
 FOR SUCH SEALING PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.