Assembly Bill A5871

2019-2020 Legislative Session

Relates to granting certain individuals youthful offender status; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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

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2019-A5871 (ACTIVE) - Details

Current Committee:
Assembly Codes
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
2017-2018: A4743

2019-A5871 (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.

2019-A5871 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5871
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL, JAFFEE, PERRY, ZEBROWSKI, MOSLEY,
   TAYLOR -- read once and referred to the Committee on Codes
 
 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. Paragraph (b) of subdivision 2 of section 720.10 of the  criminal
 procedure law, as amended by chapter 416 of the laws of 1986, is amended
 to read as follows:
   (b) such youth has previously been convicted and sentenced for a felo-
 ny[, or].
   § 4. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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