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Sponsor's memo
BILL NUMBER:S7763
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
New bill.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.