Provides that a person adjudicated a youthful offender shall have the felony conviction which was vacated as a result of youthful offender adjudication reinstated and considered as a predicate felony when convicted of a subsequent felony within 5 years of such adjudication.

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A4974-2011 Actions

• Apr 20, 2011: enacting clause stricken
• Feb 9, 2011: referred to codes

A4974-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4974

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 9, 2011
                                 ___________

  Introduced  by  M.  of A. MAYERSOHN, SCHIMMINGER, GUNTHER -- Multi-Spon-
    sored by -- M. of A.  AUBRY, COLTON, SCARBOROUGH, SWEENEY -- read once
    and referred to the Committee on Codes

  AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
    relation to youthful offenders

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The criminal procedure law  is  amended  by  adding  a  new
  section 720.40 to read as follows:

  S  720.40  YOUTHFUL  OFFENDER  ADJUDICATION;  REINSTATEMENT OF PREDICATE
                 FELONY CONVICTION.
    UPON THE FELONY CONVICTION OF A PERSON WITHIN  FIVE  YEARS  OF  HAVING
  BEEN ADJUDICATED A FELONY OFFENDER, THE PREVIOUS FELONY CONVICTION WHICH
  WAS  VACATED  PURSUANT  TO  SUBDIVISION  THREE OF SECTION 720.20 OF THIS
  ARTICLE SHALL BE REINSTATED AS OF THE TIME OF  SUCH  PRIOR  ADJUDICATION
  AND  SUCH  REINSTATED  CONVICTION SHALL BE CONSIDERED A PREDICATE FELONY
  CONVICTION FOR PURPOSES OF SENTENCING PURSUANT TO SECTION 70.06  OF  THE
  PENAL LAW.
    S  2. Paragraph (b) of subdivision 1 of section 70.06 of the penal law
  is amended by adding a new subparagraph (vii) to read as follows:

    (VII) NOTWITHSTANDING THE PROVISIONS  OF  SUBPARAGRAPH  (IV)  OF  THIS
  PARAGRAPH TO THE CONTRARY, SENTENCE MUST HAVE BEEN IMPOSED NOT MORE THAN
  FIVE  YEARS BEFORE COMMISSION OF THE FELONY OF WHICH THE DEFENDANT PRES-
  ENTLY STANDS CONVICTED WHERE SUCH SENTENCE INCLUDED  ADJUDICATION  AS  A
  YOUTHFUL OFFENDER PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY OF THE CRIMI-
  NAL PROCEDURE LAW.
    S 3. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08641-01-1