The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4238
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation  to granting certain individuals youthful offender status; to
   add a new category of individuals eligible for  young  adult  offender
   status; and to repeal certain provisions of the criminal procedure law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 720.10 of the criminal procedure law, as  added  by
 chapter 981 of the laws of 1971, subdivision 1 as amended by chapter 411
 of the laws of 1979, subdivision 2 as amended by chapter 416 of the laws
 of 1986, paragraph (a) of subdivision 2 as amended by chapter 316 of the
 laws  of  2006,  subdivision  3 as amended by chapter 264 of the laws of
 2003, and subdivisions 4, 5 and 6 as renumbered by chapter  481  of  the
 laws of 1978, is amended to read as follows:
 § 720.10 Youthful offender procedure; definition of terms.
   As  used in this article, the following terms have the following mean-
 ings:
   1. "Youth" means a person charged with a crime alleged  to  have  been
 committed  when  he  OR SHE was at least sixteen years old and less than
 nineteen years old or a person charged with being a juvenile offender as
 defined in subdivision forty-two of section 1.20 of this chapter.
   2. "Eligible youth" means a youth who is eligible to be found a youth-
 ful offender. Every youth is so eligible unless:
   (a) the conviction to be replaced by a youthful  offender  finding  is
 for  (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, except as provided  in
 subdivision  three,  or (iii)] rape in the first degree, criminal sexual
 act in the first degree, or aggravated sexual abuse, except as  provided
 in subdivision three, or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06207-01-3

 A. 4238                             2
 
   (b) such youth has previously been convicted and sentenced for a felo-
 ny[, or
   (c)  such  youth  has  previously been adjudicated a youthful offender
 following conviction of a felony or has been  adjudicated  on  or  after
 September  first,  nineteen  hundred seventy-eight a juvenile delinquent
 who committed a designated felony act as defined  in  the  family  court
 act].
   3.  Notwithstanding the provisions of subdivision two of this section,
 a youth who has been convicted of [an armed felony offense or  of]  rape
 in  the first degree, criminal sexual act in the first degree, or aggra-
 vated sexual abuse is an eligible youth if  the  court  determines  that
 [one  or  more  of the following factors exist:] THE INTEREST OF JUSTICE
 WOULD BE SERVED BY RELIEVING THE YOUTH  FROM  THE  ONUS  OF  A  CRIMINAL
 RECORD  AND  BY NOT IMPOSING AN INDETERMINATE SENTENCE OF MORE THAN FOUR
 YEARS.  IN MAKING SUCH DETERMINATION, THE COURT SHALL WEIGH THE  FOLLOW-
 ING  FACTORS:  (i) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE WITH
 DUE REGARD TO THE EXTENT OF THE HARM CAUSED BY IT; (II)  ANY  mitigating
 circumstances that bear [directly upon] ON the manner in which the crime
 was  committed;  [or (ii)] (III) where the [defendant] YOUTH was not the
 sole participant in the crime, the [defendant's participation was  rela-
 tively  minor  although  not  so minor as to constitute a defense to the
 prosecution] LEVEL AND EXTENT OF HIS OR HER DIRECT  INVOLVEMENT  IN  THE
 CRIMINAL ACTIVITY; (IV) THE HISTORY AND BACKGROUND OF THE YOUTH; AND (V)
 PROSPECTS  FOR  REHABILITATION  OF THE YOUTH OR OPPORTUNITIES FOR INTER-
 VENTIONS THAT WOULD ASSIST THE YOUTH  IN  LEADING  A  LAW-ABIDING  LIFE.
 Where  the court determines that the eligible youth is a youthful offen-
 der, the court shall make a statement on the record of the  reasons  for
 its determination, a transcript of which shall be forwarded to the state
 division of criminal justice services, to be kept in accordance with the
 provisions  of subdivision three of section eight hundred thirty-seven-a
 of the executive law.
   4. "Youthful offender finding" means a finding,  substituted  for  the
 conviction  of  an  eligible youth, pursuant to a determination that the
 eligible youth is a youthful offender.
   5. "Youthful offender sentence" means  the  sentence  imposed  upon  a
 youthful offender finding.
   6.  "Youthful offender adjudication". A youthful offender adjudication
 is comprised of a youthful offender finding and  the  youthful  offender
 sentence imposed thereon and is completed by imposition and entry of the
 youthful offender sentence.
   §  2. Subdivision 3 of section 720.15 of the criminal procedure law is
 REPEALED.
   § 3. 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] THE ELIGIBLE YOUTH IS CHARGED WITH A
 MISDEMEANOR OFFENSE, A CLASS D OR E FELONY OFFENSE, A CLASS C FELONY  AS
 DESCRIBED  IN  SUBDIVISION ONE OF SECTION 160.10 OF THE PENAL LAW OR ANY
 OFFENSE CONTAINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL  LAW  OTHER
 A. 4238                             3
 
 THAN A CLASS A-I OR A-II FELONY OFFENSE, THE COURT SHALL FIND THAT HE OR
 SHE IS A YOUTHFUL OFFENDER.
   (B)  IN ALL OTHER CASES, EXCEPT WHEN THE YOUTH IS CHARGED WITH RAPE IN
 THE FIRST DEGREE, AND AGGRAVATED SEXUAL ABUSE, THERE SHALL BE A PRESUMP-
 TION TO GRANT YOUTHFUL OFFENDER STATUS TO AN ELIGIBLE YOUTH IN ORDER  TO
 RELIEVE SUCH youth from the onus of a criminal record [and by not impos-
 ing], OTHER CONSEQUENCES OF A CRIMINAL CONVICTION, AND THE IMPOSITION OF
 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 the
 eligible youth had not prior to commencement 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 offender].  UPON MOTION OF NOT LESS
 THAN SEVEN DAYS' NOTICE, THE PROSECUTOR MAY CHALLENGE THE PRESUMPTION TO
 GRANT YOUTHFUL OFFENDER STATUS.  THE COURT SHALL GRANT YOUTHFUL OFFENDER
 STATUS UNLESS THE PROSECUTOR REBUTS THE PRESUMPTION AND  ESTABLISHES  BY
 CLEAR AND CONVINCING EVIDENCE THAT THE CRITERIA SET FORTH IN SUBDIVISION
 TWO  OF  SECTION  720.10  OF THIS ARTICLE REQUIRE THAT YOUTHFUL OFFENDER
 STATUS BE DENIED.
   § 4. Section 720.35 of the criminal procedure law, as added by chapter
 981 of the laws of 1971, subdivision 1 as amended by chapter 23  of  the
 laws of 2021, subdivisions 2 and 4 as amended by section 87 of subpart B
 of part C of chapter 62 of the laws of 2011 and subdivision 3 as amended
 by chapter 181 of the laws of 2000, is amended to read as follows:
 § 720.35 Youthful offender adjudication; effect thereof; records.
   1.  A  youthful offender OR YOUNG ADULT adjudication is not a judgment
 of conviction for a crime or any other offense, and does not operate  as
 a  disqualification  of  any person so adjudged to hold public office or
 public employment or to receive any license granted by public  authority
 but  shall  be  deemed a conviction only for the purposes of transfer of
 supervision and custody pursuant to section two hundred fifty-nine-m  of
 the executive law. A defendant for whom a youthful offender adjudication
 was substituted, who was originally charged with prostitution as defined
 in  section  230.00  of  the  penal  law,  shall  be  deemed a "sexually
 exploited child" as defined in subdivision one of section  four  hundred
 forty-seven-a  of  the  social  services  law and therefore shall not be
 considered an adult for purposes related to the charges in the  youthful
 offender  proceeding  or a proceeding under section 170.80 of this chap-
 ter.
   2. Except where specifically required or permitted by statute or  upon
 specific  authorization  of  the court, all official records and papers,
 whether on file with the court, a police agency or the division of crim-
 inal justice services, relating to a case involving  a  youth  OR  YOUNG
 ADULT  who  has  been adjudicated a youthful offender OR GRANTED A YOUNG
 ADULT STATUS FINDING, are confidential and may not be made available  to
 any person or public or private agency, other than the designated educa-
 tional  official of the public or private elementary or secondary school
 in which the youth OR YOUNG ADULT is enrolled as a student provided that
 such local educational official shall only have made available a  notice
 of  such  adjudication  and  shall not have access to any other official
 records and papers, such youth OR YOUNG ADULT or such youth's  OR  YOUNG
 ADULT'S designated agent (but only where the official records and papers
 sought  are  on  file  with a court and request therefor is made to that
 court or to a clerk thereof), an institution  to  which  such  youth  OR
 YOUNG ADULT has been committed, the department of corrections and commu-
 A. 4238                             4
 
 nity  supervision and a probation department of this state that requires
 such official records and papers for the purpose of carrying out  duties
 specifically  authorized  by  law;  provided,  however, that information
 regarding an order of protection or temporary order of protection issued
 pursuant  to  section  530.12  of  this  chapter  or a warrant issued in
 connection therewith may be maintained on the statewide automated  order
 of  protection  and warrant registry established pursuant to section two
 hundred twenty-one-a of the executive law during the  period  that  such
 order  of  protection  or temporary order of protection is in full force
 and effect or during which such warrant may be executed. Such  confiden-
 tial information may be made available pursuant to law only for purposes
 of adjudicating or enforcing such order of protection or temporary order
 of  protection and, where provided to a designated educational official,
 as defined in section 380.90 of this chapter, for  purposes  related  to
 the  execution  of  the  student's  educational  plan, where applicable,
 successful school  adjustment  and  reentry  into  the  community.  Such
 notification shall be kept separate and apart from such student's school
 records and shall be accessible only by the designated educational offi-
 cial.  Such  notification  shall not be part of such student's permanent
 school record and shall not be appended to or included in any documenta-
 tion regarding such student and shall be destroyed at such time as  such
 student  is  no longer enrolled in the school district. At no time shall
 such notification be used for any purpose other than those specified  in
 this subdivision.
   3.  If  a  youth  OR  YOUNG  ADULT who has been adjudicated a youthful
 offender OR GRANTED A YOUNG  ADULT  STATUS  FINDING  is  enrolled  as  a
 student  in a public or private elementary or secondary school the court
 that has [adjudicated the youth as a]  MADE  THE  youthful  offender  OR
 YOUNG ADULT ADJUDICATION shall provide notification of such adjudication
 to the designated educational official of the school in which such youth
 OR  YOUNG  ADULT  is  enrolled as a student.  Such notification shall be
 used by the designated educational official only for purposes related to
 the execution of  the  student's  educational  plan,  where  applicable,
 successful  school  adjustment  and  reentry  into  the  community. Such
 notification shall be kept separate and apart from such student's school
 records and shall be accessible only by the designated educational offi-
 cial. Such notification shall not be part of  such  student's  permanent
 school record and shall not be appended to or included in any documenta-
 tion  regarding such student and shall be destroyed at such time as such
 student is no longer enrolled in the school district. At no  time  shall
 such  notification be used for any purpose other than those specified in
 this subdivision.
   4. Notwithstanding subdivision two of this section, whenever a  person
 is adjudicated a youthful offender OR GRANTED YOUNG ADULT STATUS and the
 conviction  that  was  vacated  and replaced by the youthful offender OR
 YOUNG ADULT STATUS finding was for a sex offense as that term is defined
 in article ten of the mental hygiene law, all records pertaining to  the
 youthful offender OR YOUNG ADULT adjudication shall be included in those
 records  and  reports that may be obtained by the commissioner of mental
 health or the commissioner of developmental disabilities,  as  appropri-
 ate; the case review panel; and the attorney general pursuant to section
 10.05 of the mental hygiene law.
   §  5.  Subparagraph  (i)  of paragraph (b) of subdivision 3 of section
 220.30 of the criminal procedure law, as amended by chapter 410  of  the
 laws of 1979, is amended to read as follows:
 A. 4238                             5
 
   (i)  A  plea of guilty, whether to the entire indictment or to part of
 the indictment for any crime other than a class A  felony,  may  not  be
 accepted  on the condition that it constitutes a complete disposition of
 one or more other indictments against the defendant wherein is charged a
 class  A-I  felony as defined in article two hundred twenty of the penal
 law or the attempt to commit any such class A-I felony, except that  [an
 eligible  youth,  as  defined  in subdivision two of section 720.10, may
 plea to a class B felony, upon consent of  the  district  attorney,  for
 purposes  of adjudication as a youthful offender] THIS RESTRICTION SHALL
 NOT APPLY TO AN ELIGIBLE YOUTH, AS DEFINED IN SUBDIVISION TWO OF SECTION
 720.10 OF THIS CHAPTER, OR AN ELIGIBLE YOUNG ADULT, AS DEFINED IN SUBDI-
 VISION TWO OF SECTION 721.10 OF THIS CHAPTER.
   § 6. Subdivision 3 of section 420.30 of the criminal procedure law, as
 amended by chapter 144 of the laws  of  2020,  is  amended  to  read  as
 follows:
   3.  Restrictions.  Except  as  provided  for  in  subdivision two-a of
 section 420.35 of this article, in no event shall a mandatory surcharge,
 sex offender registration fee, DNA databank fee or crime victim  assist-
 ance  fee  be  remitted.    IN NO EVENT SHALL SUCH FEES BE IMPOSED FOR A
 JUVENILE OFFENDER, A YOUTHFUL OFFENDER OR A YOUNG ADULT STATUS FINDING.
   § 7. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended by chapter 23 of the laws of 2021, is amended as follows:
   2. Except as provided in this subdivision or subdivision two-a of this
 section, under no  circumstances  shall  the  mandatory  surcharge,  sex
 offender  registration fee, DNA databank fee or the crime victim assist-
 ance fee be waived. A court shall waive  any  mandatory  surcharge,  DNA
 databank  fee and crime victim assistance fee when: (i) the defendant is
 convicted of prostitution under section 230.00 of the  penal  law;  (ii)
 the  defendant  is convicted of a violation in the event such conviction
 is in lieu of a plea to or conviction  for  prostitution  under  section
 230.00  of  the  penal  law; (iii) the court finds that a defendant is a
 victim of sex trafficking under section 230.34 of the  penal  law  or  a
 victim   of   trafficking  in  persons  under  the  trafficking  victims
 protection act (United States Code, Title 22, Chapter 78); [or] (iv) the
 court finds that the defendant is a victim of sex trafficking of a child
 under section 230.34-a of the penal law; OR  (V)  THE  COURT  DETERMINES
 THAT  THE DEFENDANT IS A YOUTHFUL OFFENDER PURSUANT TO SECTION 720.00 OF
 THIS CHAPTER OR THE COURT GRANTS THE DEFENDANT YOUNG ADULT STATUS PURSU-
 ANT TO SECTION 721.00 OF THIS CHAPTER.
   § 8. The criminal procedure law is amended by adding a new article 721
 to read as follows:
                                ARTICLE 721
                            YOUNG ADULT STATUS
 SECTION 721.10 YOUNG ADULT STATUS PROCEDURE; DEFINITION OF TERMS.
         721.15 YOUNG  ADULT  STATUS  PROCEDURE;  SEALING  OF  ACCUSATORY
                  INSTRUMENT;   PRIVACY   OF   PROCEEDINGS;   PRELIMINARY
                  INSTRUCTIONS TO JURY.
         721.20 YOUNG ADULT STATUS  DETERMINATION;  WHEN  AND  HOW  MADE;
                  PROCEDURE THEREUPON.
         721.30 YOUNG   ADULT  ADJUDICATION;  POST-JUDGMENT  MOTIONS  AND
                  APPEAL.
         721.35 YOUNG ADULT ADJUDICATION; EFFECT THEREOF; RECORDS.
 § 721.10 YOUNG ADULT STATUS PROCEDURE; DEFINITION OF TERMS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING  MEAN-
 INGS:
 A. 4238                             6
 
   1.   "YOUNG ADULT" MEANS A PERSON CHARGED WITH A CRIME ALLEGED TO HAVE
 BEEN COMMITTED WHEN HE OR SHE WAS AT LEAST NINETEEN YEARS OLD  AND  LESS
 THAN TWENTY-SIX YEARS OLD.
   2.  "ELIGIBLE  YOUNG  ADULT"  MEANS  A PERSON WHO IS AT LEAST NINETEEN
 YEARS OLD AND LESS THAN TWENTY-SIX YEARS OLD WHO IS ELIGIBLE  FOR  YOUNG
 ADULT  STATUS.  EVERY  YOUNG  ADULT  IS  SO  ELIGIBLE  UNLESS:   (A) THE
 CONVICTION TO BE REPLACED BY YOUNG ADULT ADJUDICATION IS FOR (I) A CLASS
 A-I OR CLASS A-II FELONY, OR (II) RAPE IN  THE  FIRST  DEGREE,  CRIMINAL
 SEXUAL  ACT  IN  THE FIRST DEGREE, OR AGGRAVATED SEXUAL ABUSE, EXCEPT AS
 PROVIDED IN SUBDIVISION THREE OF THIS SECTION, OR (B) SUCH  YOUNG  ADULT
 HAS PREVIOUSLY BEEN CONVICTED AND SENTENCED FOR A FELONY.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 A YOUNG ADULT WHO HAS BEEN CONVICTED OF RAPE IN THE FIRST DEGREE, CRIMI-
 NAL SEXUAL ACT IN THE FIRST DEGREE, OR AGGRAVATED  SEXUAL  ABUSE  IS  AN
 ELIGIBLE YOUTH IF THE COURT DETERMINES, WITHOUT APPLYING THE PRESUMPTION
 DEFINED  IN  PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION 721.20 OF THIS
 ARTICLE, THAT THE INTEREST OF JUSTICE WOULD BE SERVED BY  RELIEVING  THE
 YOUNG  ADULT  FROM  THE ONUS OF A CRIMINAL RECORD AND BY NOT IMPOSING AN
 INDETERMINATE SENTENCE OF MORE THAN FOUR YEARS.  IN MAKING SUCH DETERMI-
 NATION, THE COURT SHALL WEIGH THE FOLLOWING FACTORS:
   (A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE WITH  DUE  REGARD
 TO THE EXTENT OF THE HARM CAUSED BY IT.
   (B)  ANY MITIGATING CIRCUMSTANCES THAT BEAR ON THE MANNER IN WHICH THE
 CRIME WAS COMMITTED.
   (C) WHERE THE YOUNG ADULT WAS NOT THE SOLE PARTICIPANT IN  THE  CRIME,
 THE  LEVEL  AND  EXTENT OF HIS OR HER DIRECT INVOLVEMENT IN THE CRIMINAL
 ACTIVITY.
   (D) THE HISTORY AND BACKGROUND OF THE YOUNG ADULT.
   (E) PROSPECTS FOR REHABILITATION OF THE YOUNG ADULT  OR  OPPORTUNITIES
 FOR  INTERVENTIONS THAT WOULD ASSIST THE YOUNG ADULT IN LEADING A LAW-A-
 BIDING LIFE.
   WHERE THE COURT MAKES A YOUNG ADULT STATUS FINDING,  THE  COURT  SHALL
 MAKE  A  STATEMENT ON THE RECORD OF THE REASONS FOR ITS DETERMINATION, A
 TRANSCRIPT OF WHICH SHALL BE FORWARDED TO THE STATE DIVISION OF CRIMINAL
 JUSTICE SERVICES, TO BE KEPT IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
 VISION THREE OF SECTION EIGHT HUNDRED THIRTY-SEVEN-A  OF  THE  EXECUTIVE
 LAW.
   4.    "YOUNG  ADULT  FINDING"  MEANS  A  FINDING,  SUBSTITUTED FOR THE
 CONVICTION OF AN ELIGIBLE YOUNG ADULT, PURSUANT TO A DETERMINATION  THAT
 THE ELIGIBLE YOUNG ADULT SHALL BE GRANTED YOUNG ADULT STATUS.
   5.  "YOUNG  ADULT  SENTENCE"  MEANS  THE SENTENCE IMPOSED UPON A YOUNG
 ADULT FINDING.
   6. "YOUNG ADULT ADJUDICATION" MEANS AN  ADJUDICATION  COMPRISED  OF  A
 YOUNG  ADULT FINDING AND THE YOUNG ADULT SENTENCE IMPOSED THEREON AND IS
 COMPLETED BY IMPOSITION AND ENTRY OF THE YOUNG ADULT SENTENCE.
 § 721.15 YOUNG ADULT STATUS PROCEDURE; SEALING OF ACCUSATORY INSTRUMENT;
            PRIVACY OF PROCEEDINGS; PRELIMINARY INSTRUCTIONS TO JURY.
   1. WHEN AN ACCUSATORY INSTRUMENT AGAINST AN APPARENTLY ELIGIBLE  YOUNG
 ADULT  IS  FILED WITH A COURT, IT SHALL BE FILED AS A SEALED INSTRUMENT,
 THOUGH ONLY WITH RESPECT TO THE PUBLIC.
   2. WHEN AN ELIGIBLE YOUNG ADULT IS INITIALLY ARRAIGNED UPON AN ACCUSA-
 TORY INSTRUMENT, SUCH ARRAIGNMENT AND  ALL  PROCEEDINGS  IN  THE  ACTION
 THEREAFTER  MAY,  IN THE DISCRETION OF THE COURT AND WITH THE CONSENT OF
 THE ACCUSED, BE CONDUCTED IN PRIVATE.
 § 721.20 YOUNG ADULT STATUS DETERMINATION; WHEN AND HOW MADE;  PROCEDURE
            THEREUPON.
 A. 4238                             7
 
   1. UPON CONVICTION OF AN ELIGIBLE YOUNG ADULT, THE COURT SHALL 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  SHALL  DETERMINE  WHETHER  OR NOT THE ELIGIBLE YOUTH WILL RECEIVE
 YOUNG  ADULT STATUS.  SUCH DETERMINATION SHALL BE IN ACCORDANCE WITH THE
 FOLLOWING CRITERIA:
   (A) IF THE ELIGIBLE YOUNG ADULT IS CHARGED WITH A MISDEMEANOR OFFENSE,
 THE COURT SHALL GRANT HIM OR HER YOUNG ADULT STATUS;
   (B) IN ALL OTHER CASES, EXCEPT RAPE  IN  THE  FIRST  DEGREE,  CRIMINAL
 SEXUAL ACT IN THE FIRST DEGREE, AND AGGRAVATED SEXUAL ABUSE, THERE SHALL
 BE  A  PRESUMPTION  TO  GRANT ELIGIBLE YOUNG ADULT STATUS TO AN ELIGIBLE
 YOUNG ADULT IN ORDER TO RELIEVE SUCH YOUNG ADULT  FROM  THE  ONUS  OF  A
 CRIMINAL  RECORD,  OTHER  CONSEQUENCES OF A CRIMINAL CONVICTION, AND THE
 IMPOSITION OF AN INDETERMINATE TERM OF IMPRISONMENT OF  MORE  THAN  FOUR
 YEARS.   UPON MOTION ON NOT LESS THAN SEVEN DAYS' NOTICE, THE PROSECUTOR
 MAY CHALLENGE THE PRESUMPTION TO GRANT YOUNG ADULT STATUS.    THE  COURT
 SHALL GRANT YOUNG ADULT STATUS UNLESS THE PROSECUTOR REBUTS THE PRESUMP-
 TION  AND ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE CRITERIA
 SET FORTH IN SUBDIVISION TWO OF SECTION 721.10 OF THIS  ARTICLE  REQUIRE
 THAT YOUNG ADULT STATUS BE DENIED.
   2. WHERE AN ELIGIBLE YOUNG ADULT IS CONVICTED OF TWO OR MORE CRIMES OR
 OFFENSES SET FORTH IN SEPARATE COUNTS OF AN ACCUSATORY INSTRUMENT OR SET
 FORTH  IN  TWO  OR  MORE  ACCUSATORY  INSTRUMENTS CONSOLIDATED FOR TRIAL
 PURPOSES, THE COURT SHALL NOT GRANT HIM OR HER YOUNG ADULT  STATUS  WITH
 RESPECT  TO  ANY  SUCH  CONVICTION  PURSUANT  TO SUBDIVISION ONE OF THIS
 SECTION UNLESS IT GRANTS YOUNG ADULT STATUS WITH  RESPECT  TO  ALL  SUCH
 CONVICTIONS.
   3.  UPON  DETERMINING  TO  GRANT  YOUNG  ADULT STATUS, THE COURT SHALL
 DIRECT THAT THE CONVICTION BE DEEMED VACATED AND  REPLACED  BY  A  YOUNG
 ADULT  STATUS  FINDING;  AND  THE  COURT  SHALL SENTENCE THE YOUNG ADULT
 PURSUANT TO SECTION 60.02 OF THE PENAL LAW.
   4. UPON DETERMINING THAT AN ELIGIBLE YOUNG ADULT SHALL NOT BE  GRANTED
 YOUNG  ADULT  STATUS,  THE  COURT  SHALL ORDER THE ACCUSATORY INSTRUMENT
 UNSEALED AND CONTINUE THE ACTION TO JUDGMENT PURSUANT  TO  THE  ORDINARY
 RULES GOVERNING CRIMINAL PROSECUTIONS.
 § 721.30 YOUNG ADULT ADJUDICATION; POST-JUDGMENT MOTIONS AND APPEAL.
   THE PROVISIONS OF THIS CHAPTER, GOVERNING THE MAKING AND DETERMINATION
 OF  POST-JUDGMENT MOTIONS AND THE TAKING AND DETERMINATION OF APPEALS IN
 CRIMINAL CASES, APPLY TO POST JUDGMENT MOTIONS AND APPEALS WITH  RESPECT
 TO  YOUNG ADULT ADJUDICATIONS WHEREVER SUCH PROVISIONS CAN REASONABLY BE
 SO APPLIED.
 § 721.35 YOUNG ADULT ADJUDICATION; EFFECT THEREOF; RECORDS.
   1. A YOUNG ADULT ADJUDICATION IS NOT A JUDGMENT OF  CONVICTION  FOR  A
 CRIME  OR  ANY OTHER OFFENSE, AND DOES NOT OPERATE AS A DISQUALIFICATION
 OF ANY PERSON SO ADJUDGED TO HOLD PUBLIC OFFICE OR PUBLIC EMPLOYMENT  OR
 TO RECEIVE ANY LICENSE GRANTED BY PUBLIC AUTHORITY BUT SHALL BE DEEMED A
 CONVICTION  ONLY FOR THE PURPOSES OF TRANSFER OF SUPERVISION AND CUSTODY
 PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-M OF THE EXECUTIVE LAW.
   2. UPON RECEIPT OF NOTIFICATION OF A YOUNG  ADULT  ADJUDICATION,  SUCH
 ADJUDICATION  AND ALL RECORDS THEREOF SHALL BE SEALED IN THE SAME MANNER
 AS DEFINED IN SECTION 720.35 OF THIS TITLE; AND SUCH RECORDS  SHALL  NOT
 BE  AVAILABLE  EXCEPT  WHERE  SPECIFICALLY  REQUIRED  BY STATUTE OR UPON
 SPECIFIC AUTHORIZATION BY THE COURT.
   § 9. The criminal procedure law is amended by  adding  a  new  section
 440.49 to read as follows:
 § 440.49 RESENTENCING; YOUTHFUL OFFENDER.
 A. 4238                             8

   1.  ANY  PERSON  UNDER THE AGE OF TWENTY-SIX AT THE TIME THE CRIME WAS
 COMMITTED WHO WAS CONVICTED OF A MISDEMEANOR OR  VIOLATION  OFFENSE  WHO
 WOULD  HAVE  BEEN CONSIDERED AN "ELIGIBLE YOUTH" PURSUANT TO SUBDIVISION
 TWO OF SECTION 720.10 OF THIS CHAPTER  AND  AN  "ELIGIBLE  YOUNG  ADULT"
 PURSUANT  TO SUBDIVISION TWO OF SECTION 721.10 OF THIS CHAPTER AFTER THE
 EFFECTIVE DATE OF THIS SECTION SHALL HAVE THEIR CONVICTION AUTOMATICALLY
 REPLACED WITH A YOUTHFUL OFFENDER ADJUDICATION OR YOUNG  ADULT  OFFENDER
 ADJUDICATION  WITHIN  SIX  MONTHS  OF  THE STATUTE'S EFFECTIVE DATE. THE
 DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL  ESTABLISH  STANDARDS  TO
 ENSURE  THAT  SUCH PROCESS OCCURS AUTOMATICALLY FOR ALL PERSONS PRIOR TO
 SUCH SIX MONTH DEADLINE.
   2. ANY PERSON UNDER THE AGE OF TWENTY-SIX AT THE TIME  THE  CRIME  WAS
 COMMITTED WHO WOULD HAVE BEEN CONSIDERED AN "ELIGIBLE YOUTH" PURSUANT TO
 SUBDIVISION TWO OF SECTION 720.10 OF THIS CHAPTER AND AN "ELIGIBLE YOUNG
 ADULT"  PURSUANT  TO  SUBDIVISION  TWO OF SECTION 721.10 OF THIS CHAPTER
 AFTER THE EFFECTIVE DATE OF THIS SECTION, UPON NOTICE TO THE APPROPRIATE
 DISTRICT ATTORNEY, MAY PETITION TO BE RESENTENCED TO A YOUTHFUL OFFENDER
 ADJUDICATION OR YOUNG ADULT OFFENDER  ADJUDICATION  IN  ACCORDANCE  WITH
 ARTICLES SEVEN HUNDRED TWENTY AND SEVEN HUNDRED TWENTY-ONE OF THIS CHAP-
 TER IN THE COURT WHICH IMPOSED SUCH SENTENCE. EVEN IF A PERSON IS ELIGI-
 BLE FOR AUTOMATIC YOUTHFUL OFFENDER ADJUDICATION OR YOUNG ADULT OFFENDER
 ADJUDICATION  SEALING  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SUCH
 PERSON MAY STILL PETITION THE COURT FOR RESENTENCING PRIOR  TO  THE  SIX
 MONTH PERIOD DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   3. THE COURT SHALL CONSIDER THE FACTORS OUTLINED IN SUBDIVISION TWO OF
 SECTION  720.20 AND SUBDIVISION TWO OF SECTION 721.20 OF THIS CHAPTER IN
 DETERMINING WHETHER OR NOT A PERSON WHO  WOULD  HAVE  BEEN  AN  ELIGIBLE
 YOUTH  MAY  OR  SHALL BE GRANTED YOUTHFUL OFFENDER STATUS OR YOUNG ADULT
 OFFENDER STATUS FOR THE PRIOR CONVICTION.
   (A) IN CASES WHERE GRANTING YOUTHFUL OFFENDER STATUS  OR  YOUNG  ADULT
 OFFENDER  STATUS  IS  DISCRETIONARY AND NOT REQUIRED BY PARAGRAPH (A) OF
 SUBDIVISION ONE OF SECTION 720.20 OR PARAGRAPH (A) OF SUBDIVISION ONE OF
 SECTION 721.20 OF THIS CHAPTER, THE COURT SHALL ALSO CONSIDER ANY  ADDI-
 TIONAL EVIDENCE PRESENTED BY THE PERSON SEEKING RESENTENCING, INCLUDING:
   (I)  THE  AMOUNT  OF TIME THAT HAS ELAPSED SINCE THE PETITIONER'S LAST
 CONVICTION;
   (II) THE CHARACTER OF THE PETITIONER, INCLUDING ANY MEASURES  THAT  HE
 OR SHE HAS TAKEN TOWARDS REHABILITATION, SUCH AS PARTICIPATING IN TREAT-
 MENT  PROGRAMS,  WORK,  OR  SCHOOLING,  AND  PARTICIPATING  IN COMMUNITY
 SERVICE OR OTHER VOLUNTEER PROGRAMS;
   (III) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE FOR  WHICH  THE
 PETITIONER IS SEEKING RELIEF;
   (IV)  THE  IMPACT  OF  SEALING THE PETITIONER'S RECORD UPON HIS OR HER
 REHABILITATION AND UPON HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND
 REINTEGRATION INTO SOCIETY; AND
   (V) THE IMPACT OF COLLATERAL CONSEQUENCES OF  THE  CONVICTION  ON  THE
 DEFENDANT AND HIS OR HER FAMILY.
   (B)  THE  DISTRICT  ATTORNEY  MAY  CHALLENGE  THE PRESUMPTION TO GRANT
 YOUTHFUL OFFENDER STATUS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION 720.20 AND PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 721.20 OF
 THIS CHAPTER.
   4. SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND  SUBDIVISION
 FOUR  OF  SECTION  SEVEN  HUNDRED  TWENTY-TWO OF THE COUNTY LAW, AND THE
 RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW SHALL APPLY TO  THE
 PREPARATION AND PROCEEDINGS ON MOTIONS PURSUANT TO THIS SECTION, INCLUD-
 ING ANY APPEALS.
 A. 4238                             9
 
   §  10.  Section  450.10  of  the  criminal procedure law is amended by
 adding a new subdivision 6 to read as follows:
   6.  AN ORDER DENYING A MOTION, MADE PURSUANT TO SECTION 440.49 OF THIS
 TITLE, FOR GRANTING YOUTHFUL OFFENDER OR YOUNG ADULT STATUS.
   § 11. Subdivision 2 of section 60.00 of the penal  law,  as  added  by
 chapter  481  of the laws of 1978, is amended and a new subdivision 3 is
 added to read as follows:
   2. The sole provision of this article that shall apply in the case  of
 an  offense committed by a juvenile offender [is] OR A DEFENDANT ADJUDI-
 CATED A YOUTHFUL OFFENDER OR YOUNG ADULT IN section 60.10 of this  arti-
 cle and no other provisions of this article shall be deemed or construed
 to apply in any such case.
   3.  THE  SOLE PROVISIONS OF THIS ARTICLE THAT MAY APPLY IN THE CASE OF
 AN OFFENSE COMMITTED BY A DEFENDANT ADJUDICATED A YOUTHFUL  OFFENDER  OR
 YOUNG ADULT STATUS ARE SECTIONS 60.02 AND 60.10-A OF THIS ARTICLE AND NO
 OTHER  PROVISIONS  OF THIS ARTICLE SHALL BE DEEMED OR CONSTRUED TO APPLY
 IN ANY SUCH CASE.
   § 12. Subdivisions 1 and 2 of section  60.02  of  the  penal  law,  as
 amended by chapter 471 of the laws of 1980, are amended and a new subdi-
 vision 3 is added to read as follows:
   (1) If the sentence is to be imposed upon a youthful offender OR YOUNG
 ADULT  STATUS  finding which has been substituted for a conviction of an
 offense other than a felony, the court must impose a sentence authorized
 for the offense for which the youthful offender OR YOUNG  ADULT  finding
 was  substituted[,  except  that  if  the  youthful offender finding was
 entered pursuant to paragraph (b) of subdivision one of  section  720.20
 of  the criminal procedure law,] WHERE THE CONVICTION IS FOR A MISDEMEA-
 NOR the court must not impose a definite  or  intermittent  sentence  of
 imprisonment with a term of more than six months; or
   (2)  If the sentence is to be imposed upon a youthful offender finding
 which has been substituted for a conviction for any  felony,  the  court
 must  impose a sentence authorized to be imposed upon a person convicted
 of a class E felony [provided, however, that the court must not impose a
 sentence of conditional discharge  or  unconditional  discharge  if  the
 youthful  offender  finding was substituted for a conviction of a felony
 defined in article two hundred twenty of this chapter].
   3. IF THE SENTENCE IS TO BE IMPOSED UPON A YOUNG ADULT STATUS  FINDING
 WHICH  HAS  BEEN  SUBSTITUTED FOR A CONVICTION FOR ANY FELONY, THE COURT
 SHALL IMPOSE A SENTENCE AUTHORIZED TO BE IMPOSED UPON A PERSON CONVICTED
 OF A CLASS E FELONY.
   § 13. Subdivision 4 of section 80.00 of the penal law, as  amended  by
 chapter 338 of the laws of 1989, is amended to read as follows:
   4.  Exception.  The  provisions  of  this section shall not apply to a
 corporation, OR TO A YOUTHFUL OFFENDER FINDING  AS  DEFINED  IN  SECTION
 720.10  OF  THE  CRIMINAL PROCEDURE LAW OR YOUNG ADULT STATUS FINDING AS
 DEFINED IN SECTION 721.10 OF THE CRIMINAL PROCEDURE LAW.
   § 14. Subdivision 6 of section 80.05 of the penal law  is  amended  to
 read as follows:
   6.  Exception.  The  provisions  of  this section shall not apply to a
 corporation, OR TO A YOUTHFUL OFFENDER FINDING  AS  DEFINED  IN  SECTION
 720.10  OF  THE  CRIMINAL PROCEDURE LAW OR YOUNG ADULT STATUS FINDING AS
 DEFINED IN SECTION 721.10 OF THE CRIMINAL PROCEDURE LAW.
   § 15. Subdivision 4 of section 340.40 of the criminal  procedure  law,
 as  amended  by  chapter  806 of the laws of 2021, is amended to read as
 follows:
 A. 4238                            10
 
   4. Notwithstanding any other provision of law, [in any local  criminal
 court] the trial of a person who is an eligible youth within the meaning
 of  the  youthful  offender procedure set forth in article seven hundred
 twenty of this chapter [and who has not prior  to  commencement  of  the
 trial  been convicted of a crime or adjudicated a youthful offender must
 be] SHALL BE A JURY TRIAL OR, WHERE THE ELIGIBLE YOUTH HAS WAIVED A JURY
 TRIAL PURSUANT TO SECTION 320.10 OF THIS PART, a single judge trial.
   § 16. This act shall  take  effect  on  the  first  of  November  next
 succeeding  the date on which it shall have become a law and shall apply
 to any criminal case pending on such effective date.