NY State Senate Bill 2023-S4915

Current Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 17, 2023	referred to codes

co-Sponsors

2023-S4915 (ACTIVE) - Details

See Assembly Version of this Bill:: A4432
Current Committee:: Senate 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: S7539, A3837
2021-2022: S2224, A6491

2023-S4915 (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-S4915 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4915

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the "juvenile
offender second chance act"

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to give first time juvenile offenders a
second chance before putting them through a criminal conviction system
so that they still have the opportunity to grow and be contributing
members to society.

 
SUMMARY OF PROVISIONS:

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 subdivi-
sions 4 and 8 are added.

 
JUSTIFICATION:

Under the current New York State (NYS) criminal code, juvenile offenders
are given lower sentences than adults with convictions for the same
crimes, but have the same collateral consequences of conviction as adult
offenders. This bill provides a second chance for young offenders to
overcome the onus of a criminal conviction. Under the bill a first-time
juvenile offender who is not a level three sex offender and who has
reached the age of 26 could petition to be retroactively adjudicated as
a youthful offender. This bill would allow such juvenile offenders to
become contributing members of society without the stigma of a criminal
conviction.

 
PRIOR LEGISLATION HISTORY:

S. 2224 of 2021-22: Referred to Codes;

S. 7539 of 2020: Referred to Codes;

A. 3837 of 2019: Referred to Codes;

A. 507 of 2017-18: Referred to Codes, Enacting clause stricken

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

2023-S4915 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4915
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2023
                                ___________
 
 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  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

 S. 4915                             2
 
 SUBDIVISION  FOUR  OF  SECTION  720.10 OF THIS ARTICLE. AFTER RECEIPT OF
 EVIDENCE IN SUPPORT AND CONTRADICTION TO SAID CRITERIA, THE  COURT  MUST
 DETERMINE WHETHER THE PERSON MEETS THE CRITERIA. IF THE COURT DETERMINES
 THE  PERSON  MEETS THE CRITERIA SET FORTH IN SUBDIVISION FOUR OF SECTION
 720.10 OF THIS ARTICLE, THE COURT MUST FIND THE ELIGIBLE YOUTH PETITION-
 ER 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.

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Senate Bill S4915

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S4915 (ACTIVE) - Details

2023-S4915 (ACTIVE) - Summary

2023-S4915 (ACTIVE) - Sponsor Memo

2023-S4915 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4915

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Leroy Comrie

2023-S4915 (ACTIVE) - Details

2023-S4915 (ACTIVE) - Summary

2023-S4915 (ACTIVE) - Sponsor Memo

2023-S4915 (ACTIVE) - Bill Text download pdf

Comments