Exempts crimes of making graffiti and possession of graffiti instruments from youthful offender procedure after defendant is found guilty of such a charge.
- Mar 20, 2012: held for consideration in codes
- Jan 4, 2012: referred to codes
- Feb 28, 2011: referred to codes
S T A T E O F N E W Y O R K ________________________________________________________________________ 5768 2011-2012 Regular Sessions I N ASSEMBLY February 28, 2011 ___________ Introduced by M. of A. TOBACCO -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to youthful offender procedure THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Section 720.35 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, WHENEVER A PERSON IS ADJUDICATED A YOUTHFUL OFFENDER AND THE CONVICTION THAT WAS VACATED AND REPLACED BY THE YOUTHFUL OFFENDER FINDING WAS EITHER MAKING GRAFFITI IN VIOLATION OF SECTION 145.60 OF THE PENAL LAW OR POSSESSION OF GRAFFITI INSTRUMENTS IN VIOLATION OF SECTION 145.65 OF THE PENAL LAW, THEN THE NAME OF THE YOUTHFUL OFFENDER AND THE CRIME FOR WHICH THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED SHALL NOT BE CONFI- DENTIAL AND MAY BE MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY. S 2. 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. LBD03077-01-1