Senate Bill S7539

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7539
 
                             I N  S E N A T E
 
                             January 24, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 the "juvenile
   offender second chance act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 4, 5, and 6 of section 720.10 of the  criminal
 procedure  law,  as  renumbered  by chapter 481 of the laws of 1978, are
 renumbered subdivisions 5, 6 and 7 respectively and two new subdivisions
 4 and 8 are added to read as follows:
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OR THREE OF  THIS
 SECTION,  A  YOUTH SEEKING RELIEF PURSUANT TO SUBDIVISION TWO OF SECTION
 720.20 OF THIS ARTICLE, IS AN ELIGIBLE YOUTH IF THEY MEET THE  FOLLOWING
 CRITERIA:
   (A)  THE  YOUTH  WAS  CONVICTED OR SENTENCED AS A JUVENILE OFFENDER AS
 DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER;
   (B) THE YOUTH IS AT LEAST TWENTY-SIX YEARS OLD;
   (C) THE YOUTH HAS NOT BEEN CONVICTED OR SENTENCED FOR ANOTHER FELONY;
   (D) THE YOUTH HAS NOT BEEN CONVICTED OR SENTENCED FOR  MORE  THAN  ONE
 OTHER MISDEMEANOR;
   (E) THE YOUTH IS NOT REGISTERED AS A LEVEL THREE SEX OFFENDER PURSUANT
 TO SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW; AND
   (F)  THE YOUTH IS NOT CURRENTLY UNDER STRICT INTENSIVE SUPERVISIONS OR
 CIVIL COMMITMENT PURSUANT TO ARTICLE TEN OF THE MENTAL HYGIENE LAW.
   8. "ELIGIBLE YOUTH PETITIONER" MEANS  A  YOUTH  ELIGIBLE  PURSUANT  TO
 SUBDIVISION FOUR OF THIS SECTION, WHO PETITIONS THE COURT FOR A YOUTHFUL
 OFFENDER FINDING.
   §  2. Subdivisions 2, 3 and 4 of section 720.20 of the criminal proce-
 dure law are renumbered subdivisions 3, 4 and 5 respectively and  a  new
 subdivision 2 is added to read as follows:
   2. UPON PETITION BY AN ELIGIBLE YOUTH PETITIONER, THE COURT MUST ORDER
 A  FINDING OF FACT IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SUBDIVI-
 SION FOUR OF SECTION 720.10 OF THIS ARTICLE. AFTER RECEIPT  OF  EVIDENCE
 IN  SUPPORT AND CONTRADICTION TO SAID CRITERIA, THE COURT MUST DETERMINE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08320-01-9

 S. 7539                             2
 
 WHETHER THE YOUTH MEETS THE CRITERIA. IF THE COURT DETERMINES THE  YOUTH
 MEETS  THE  CRITERIA  SET FORTH IN SUBDIVISION FOUR OF SECTION 720.10 OF
 THIS ARTICLE, THE COURT MUST FIND THE ELIGIBLE  YOUTH  PETITIONER  IS  A
 YOUTHFUL OFFENDER.
   § 3. Section 720.25 of the criminal procedure law, as added by chapter
 402 of the laws of 2014, is amended to read as follows:
 § 720.25 Youthful offender adjudication; certain exemptions.
   Notwithstanding any inconsistent provisions of law:
   1.  where  the  court  is required to find that a person is a youthful
 offender pursuant to section 170.80 of this chapter, the fact that  such
 person  has previously been convicted of a crime or adjudicated a youth-
 ful offender shall not prevent such  person  from  being  adjudicated  a
 youthful offender as required by such section; [and]
   2. a youthful offender adjudication pursuant to section 170.80 of this
 chapter  shall  not  be considered in determining whether a person is an
 eligible youth, or in determining whether to find a  person  a  youthful
 offender, in any subsequent youthful offender adjudication; AND
   3.  WHERE  THE  COURT  IS REQUIRED TO FIND THAT A PERSON IS A YOUTHFUL
 OFFENDER PURSUANT TO SECTIONS 720.10 AND 720.20  OF  THIS  CHAPTER,  THE
 PERSON  SHALL HAVE A YOUTHFUL OFFENDER SENTENCE IMPOSED IF THEY HAVE NOT
 COMPLETED THEIR SENTENCE FOR THE CONVICTION THAT IS THE SUBJECT OF THEIR
 PETITION, AND THE PERSON SHALL RECEIVE ALL OTHER PROVISIONS AND BENEFITS
 OF THE YOUTHFUL  OFFENDER  ADJUDICATION  WHEREVER  SUCH  PROVISIONS  CAN
 REASONABLY BE SO APPLIED.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.