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Assembly Bill A8160

2019-2020 Legislative Session

Relates to the determination of youthful offender status

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-A8160 (ACTIVE) - Details

See Senate Version of this Bill:
S6572
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §720.20, CP L
Versions Introduced in 2021-2022 Legislative Session:
A6769, S282

2019-A8160 (ACTIVE) - Summary

Provides that an individual who was an eligible youth who was not determined to be a youthful offender by the sentencing court may apply to such court for a new determination after at least five years have passed since the imposition of the sentence, or at least five years after the individual's latest release from incarceration, if such individual was sentenced to a period of incarceration.

2019-A8160 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8160
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 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 the  determi-
   nation of youthful offender status
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 720.20 of the criminal procedure law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  (A) AN INDIVIDUAL WHO WAS AN ELIGIBLE YOUTH WHO WAS NOT DETERMINED
 TO BE A YOUTHFUL OFFENDER BY THE  SENTENCING  COURT  MAY  APPLY  TO  THE
 SENTENCING  COURT FOR A NEW DETERMINATION AFTER AT LEAST FIVE YEARS HAVE
 PASSED SINCE THE IMPOSITION OF THE SENTENCE FOR  WHICH  SUCH  INDIVIDUAL
 WAS  NOT DETERMINED TO BE A YOUTHFUL OFFENDER, OR, IF THE INDIVIDUAL WAS
 SENTENCED TO A PERIOD OF INCARCERATION, INCLUDING A PERIOD OF INCARCERA-
 TION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION,  THE  INDIVID-
 UAL'S  LATEST  RELEASE FROM INCARCERATION, PROVIDED THAT SUCH INDIVIDUAL
 HAS NOT BEEN CONVICTED OF ANY NEW CRIME SINCE  THE  IMPOSITION  OF  SUCH
 SENTENCE.
   (B)  IN CONSIDERING WHETHER SUCH INDIVIDUAL SHOULD BE DETERMINED TO BE
 A YOUTHFUL OFFENDER PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION,  THE
 COURT SHALL CONSIDER THE FOLLOWING FACTORS:
   (I)  WHETHER  RELIEVING  THE  INDIVIDUAL  FROM  THE ONUS OF A CRIMINAL
 RECORD WOULD FACILITATE REHABILITATION AND SUCCESSFUL REENTRY AND  REIN-
 TEGRATION INTO SOCIETY;
   (II) THE MANNER IN WHICH THE CRIME WAS COMMITTED;
   (III)  THE  ROLE  OF THE INDIVIDUAL IN THE CRIME WHICH RESULTED IN THE
 CONVICTION;
   (IV) THE INDIVIDUAL'S AGE AT THE TIME OF THE CRIME;
   (V) THE LENGTH OF TIME SINCE THE CRIME WAS COMMITTED;
   (VI) ANY MITIGATING CIRCUMSTANCES AT THE TIME THE CRIME WAS COMMITTED;
   (VII) THE INDIVIDUAL'S CRIMINAL RECORD;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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