Assembly Bill A4238

2023-2024 Legislative Session

Relates to granting certain individuals youthful offender status or young adult offender status; repealer

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-A4238 (ACTIVE) - Details

See Senate Version of this Bill:
S3426
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §720.15 sub 3, amd CP L, generally; amd §§60.00, 60.02, 80.00 & 80.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8381
2021-2022: A3536, S5749

2023-A4238 (ACTIVE) - Summary

Relates to granting certain individuals youthful offender status; adds a new category of individuals eligible for young adult offender status; provides for process and sentencing requirements related to such statuses.

2023-A4238 (ACTIVE) - Bill Text download pdf

                             
                     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
              

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