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Assembly Bill A5752

2021-2022 Legislative Session

Relates to conferring youthful offender status upon conviction of an eligible youth for a misdemeanor

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Archive: Last Bill Status - On Floor Calendar

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2021-A5752 (ACTIVE) - Details

See Senate Version of this Bill:
S2799
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §720.20, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7212
2017-2018: A2480, S5893
2019-2020: A718, S2183
2023-2024: A742, A9145, S961
2025-2026: A720, S332

2021-A5752 (ACTIVE) - Summary

Relates to conferring youthful offender status upon conviction of an eligible youth for a misdemeanor.

2021-A5752 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5752
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to youthful
   offender determinations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 1 of section 720.20 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] FOR A
 MISDEMEANOR  AND  PROVIDED the eligible youth had not prior to commence-
 ment of trial or entry of a plea of guilty been convicted of a crime  or
 found  a  youthful offender, the court must find he is a youthful offen-
 der.
   § 2. This act shall take effect  immediately  and  apply  to  criminal
 convictions of eligible youths entered into on and after such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03537-01-1

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