Assembly Bill A4432

2023-2024 Legislative Session

Relates to the "juvenile offender second chance act"

download bill text pdf

Sponsored By

Current 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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2023-A4432 (ACTIVE) - Details

See Senate Version of this Bill:
S4915
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§720.10, 720.20 & 720.25, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5207
2019-2020: A3837, S7539
2021-2022: A6491, S2224

2023-A4432 (ACTIVE) - Summary

Relates to the "juvenile offender second chance act" which establishes the ability for a person to be adjudicated to be a youthful offender and receive all provisions and benefits of being a youthful offender.

2023-A4432 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4432
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee 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 PERSON  SEEKING  RELIEF  PURSUANT  TO  SUBDIVISION  TWO-A  OF
 SECTION  720.20  OF  THIS ARTICLE, IS AN ELIGIBLE YOUTH IF THEY MEET THE
 FOLLOWING CRITERIA:
   (A) THE PERSON WAS CONVICTED OR SENTENCED AS A  JUVENILE  OFFENDER  AS
 DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER;
   (B) THE PERSON IS AT LEAST TWENTY-SIX YEARS OLD;
   (C) THE PERSON HAS NOT BEEN CONVICTED OR SENTENCED FOR ANOTHER FELONY;
   (D)  THE  PERSON HAS NOT BEEN CONVICTED OR SENTENCED FOR MORE THAN ONE
 OTHER MISDEMEANOR;
   (E) THE PERSON IS NOT REGISTERED AS A LEVEL THREE SEX OFFENDER  PURSU-
 ANT TO SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW; AND
   (F) THE PERSON 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 PERSON ELIGIBLE PURSUANT TO
 SUBDIVISION FOUR OF THIS SECTION, WHO PETITIONS THE COURT FOR A YOUTHFUL
 OFFENDER FINDING.
   § 2. Section 720.20 of the criminal procedure law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A. UPON PETITION BY AN ELIGIBLE YOUTH  PETITIONER,  THE  COURT  MUST
 ORDER  A  FINDING  OF  FACT IN ACCORDANCE WITH THE CRITERIA SET FORTH IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03129-01-3
              

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