Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S4675
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4675 (ACTIVE) - Details
2009-S4675 (ACTIVE) - Summary
Denies eligibility for youthful offender treatment upon conviction of a class B violent felony, unless the court determines that such person was a minor participant in the crime or that mitigating circumstances exist which bear directly upon the manner in which the crime was committed.
2009-S4675 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4675 TITLE OF BILL : An act to amend the criminal procedure law, in relation to eligibility for youthful offender status PURPOSE : To limit the eligibility of a person for youthful offender treatment when such person has been convicted of any class B violent felony. SUMMARY OF PROVISIONS : Subdivisions 2 and 3 of Section 720.10 of the Criminal Procedure Law are amended. JUSTIFICATION : Once a person is determined eligible to be found a youthful offender, whether by the court or by operation of law, the court has unlimited discretion to then grant youthful offender treatment. Significant benefits accrue upon the receipt of a youthful offender determination. The conviction is vacated and replaced, i.e. a youthful offender adjudication does not operate as a criminal conviction. The maximum sentence which may be imposed is 1 1/3 to 4 years as opposed to 8 1/3 to 25 years which would otherwise be applicable at the B felony level. Thus, the determination of eligibility is perhaps the most crucial
2009-S4675 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4675 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. YOUNG -- 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 eligibility for youthful offender status THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 3 of section 720.10 of the criminal procedure law, 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 and subdivision 3 as amended by chapter 264 of the laws of 2003, are amended to read as follows: 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] A CLASS B VIOLENT FELONY OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW, except as provided in subdivision three, or (b) such youth has previously been convicted and sentenced for a felo- ny, or (c) such youth has previously been adjudicated a youthful offender following conviction of a felony or has been adjudicated on or after September first, nineteen hundred seventy-eight a juvenile delinquent who committed a designated felony act as defined in the family court act. 3. Notwithstanding the provisions of subdivision two, a youth who has been convicted of an armed felony offense or [of rape in the first degree, criminal sexual act in the first degree, or aggravated sexual abuse] A CLASS B VIOLENT FELONY OFFENSE is an eligible youth if the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07181-01-9
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