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Senate Bill S3045

2023-2024 Legislative Session

Relates to conviction sealing for eligible youth

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S3045 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §720.20, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S5391
2021-2022: S256

2023-S3045 (ACTIVE) - Summary

Provides that eligible youth who were not given youthful offender status by the court be eligible for conviction sealing.

2023-S3045 (ACTIVE) - Sponsor Memo

2023-S3045 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3045
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  eligibility
   for conviction sealing for eligible youth
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 720.20 of the criminal procedure law is amended  by
 adding a new subdivision 6 to read as follows:
   6.  (A) NOTWITHSTANDING ANY OTHER LAW, WHERE AN ELIGIBLE YOUTH WAS NOT
 DETERMINED TO BE A YOUTHFUL OFFENDER BY THE COURT PURSUANT  TO  SUBDIVI-
 SION ONE OF THIS SECTION, BUT WAS OTHERWISE ELIGIBLE TO BE DETERMINED TO
 BE  A  YOUTHFUL OFFENDER PURSUANT TO THIS ARTICLE, SUCH INDIVIDUAL SHALL
 BE ELIGIBLE TO APPLY FOR CONVICTION SEALING IN ACCORDANCE  WITH  SECTION
 160.59  OF THIS CHAPTER. AN "ELIGIBLE OFFENSE" FOR SUCH INDIVIDUAL SHALL
 INCLUDE ANY CRIME DEFINED IN THE LAWS OF THIS STATE  OTHER  THAN  (I)  A
 CLASS  A-I  OR  CLASS A-II FELONY, OR (II) AN ARMED FELONY AS DEFINED IN
 SUBDIVISION FORTY-ONE  OF  SECTION  1.20  OF  THIS  CHAPTER,  EXCEPT  AS
 PROVIDED  IN  PARAGRAPH (B) OF THIS SUBDIVISION, OR (III) AN OFFENSE FOR
 WHICH REGISTRATION AS A SEX OFFENDER IS  REQUIRED  PURSUANT  TO  ARTICLE
 SIX-C OF THE CORRECTION LAW.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, AN ELIGIBLE YOUTH WHO  HAS  BEEN  CONVICTED  OF  AN  ARMED  FELONY
 OFFENSE IS ELIGIBLE FOR CONVICTION SEALING PURSUANT TO SECTION 160.59 OF
 THIS  CHAPTER IF THE SENTENCING JUDGE, OR COUNTY OR SUPREME COURT DETER-
 MINES THAT ONE OR MORE OF THE FOLLOWING FACTORS  EXIST:  (I)  MITIGATING
 CIRCUMSTANCES  THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE CRIME WAS
 COMMITTED; OR (II) WHERE THE DEFENDANT WAS NOT THE SOLE  PARTICIPANT  IN
 THE  CRIME,  THE DEFENDANT'S PARTICIPATION WAS RELATIVELY MINOR ALTHOUGH
 NOT SO MINOR AS TO CONSTITUTE A DEFENSE TO THE PROSECUTION.
   (C) AN ELIGIBLE YOUTH WHO HAS PREVIOUSLY APPLIED FOR CONVICTION  SEAL-
 ING  UNDER  SECTION  160.59  OF  THIS  CHAPTER, BUT WAS DENIED, SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00784-01-3

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