senate Bill S520

2019-2020 Legislative Session

Relates to youthful offenders

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 09, 2019 referred to codes

S520 (ACTIVE) - Details

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
2015-2016: S1742
2017-2018: S1159

S520 (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.

S520 (ACTIVE) - Sponsor Memo

S520 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   520

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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