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Assembly Bill A9145

2023-2024 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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2023-A9145 (ACTIVE) - Details

See Senate Version of this Bill:
S961
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
2021-2022: A5752, S2799
2025-2026: A720, S332

2023-A9145 (ACTIVE) - Summary

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

2023-A9145 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9145
 
                           I N  A S S E M B L Y
 
                             February 8, 2024
                                ___________
 
 Introduced  by  M. of A. GIBBS, AUBRY, SHIMSKY, FORREST, TAYLOR, EPSTEIN
   -- 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.
                                                            LBD00756-01-3

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