Bill S1983-2013

Relates to youthful offenders

Alters the definition of "youth" to mean a person who is at least sixteen years old and less than twenty-one years old; provides that where the conviction is had in a local criminal court and the eligible youth charged with a crime is alleged to have been committed when he or she was at least sixteen years old and less than nineteen years had not prior to the commencement of trial or entry of a plea of guilty been convicted of a crime or found a youthful offender, the court must find that he or she is a youthful offender.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S1983

TITLE OF BILL: An act to amend the criminal procedure law, in relation to youthful offenders

PURPOSE: The bill will extend the age of a person who can be defined as a youth under the youthful offender section of the criminal procedure law.

SUMMARY OF PROVISIONS:

Section 1. Amends section 720.10 of the criminal procedure law to increase the age of a youth as defined in subdivision 7 to be from sixteen to twenty-one years of age.

Section 2. This section amends paragraph (b) of subdivision 1 of section 720.20 to add an age requirement to when a court must find the youth to be a youthful offender. Because section one increase the age requirements to 21 years of age, this amendment specifies that a court must find a youth a youthful offender if he or she is at least sixteen years old and less than nineteen years of age.

EXISTING LAW: Subdivision 1 of section 720.10 currently defines youth to be a person at least sixteen years old and less than nineteen years old.

Subdivision 1, paragraph b of section 720.20 currently states that 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 pleas of guilty been convicted of a crime or found a youthful offender, the court must find he or she is a youthful offender.

JUSTIFICATION: In September 2011 Chief Judge Lippman highlighted "glaring problems" with New York's criminal system. One of these issues was the age of criminal responsibility. In many states the age of criminal responsibility is 18 years of age, in others it is 17. An article by the New York Association of Criminal Defense Lawyers highlighted the problem a criminal conviction has on the lives and futures of young New Yorkers.One of the recommendations in the article was to expand the availability of youthful offender adjudication. This recommendation suggested that the availability of youthful offender adjudication should be expanded to include those as old as 20 or 21. The NYSACDL stated that this expansion would be consistent with Practices in other jurisdictions.

LEGISLATIVE HISTORY: 2012 - S.7763 - Referred to Rules

FISCAL IMPLICATIONS: Needs to be determined.

EFFECTIVE DATE: Takes effect on the first of November next succeeding the date on which it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1983 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. CARLUCCI -- 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 youthful offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 720.10 of the criminal procedure law, as amended by chapter 411 of the laws of 1979, is amended to read as follows: 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] TWENTY-ONE years old or a person charged with being a juve- nile offender as defined in subdivision forty-two of section 1.20 of this chapter. S 2. 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 youth from the onus of a criminal record and by not imposing 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 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 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 OR SHE is a youthful offender. 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.

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