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 a crime 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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S1983-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1983-2013 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 require-
ments 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 "glar-
ing 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 York-
ers.One of the recommendations in the article was to expand the avail-
ability 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 jurisdic-
tions.

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.

S1983-2013 Text

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

                                    1983

                         2013-2014 Regular Sessions

                              I N  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05344-01-3

 S. 1983                             2

  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.