What's happening
This bill requires courts to grant youthful offender status for misdemeanors to eligible youths without prior convictions or youthful offender findings.
Why it matters
Guarantees a second chance for first-time misdemeanor offenders under 19. By requiring courts to automatically grant youthful offender status to eligible youths with no prior convictions or youthful offender findings, the bill ensures that a single minor offense won’t result in a permanent criminal record.
Reduces barriers to future opportunities. Youthful offender status seals records, which can improve access to jobs, education, and housing for young people who make a mistake, limiting the long-term impact of a misdemeanor conviction.
Limits judicial discretion in certain cases. The bill removes the court’s ability to deny youthful offender treatment for eligible first-time misdemeanor offenders, promoting consistency in how these cases are handled but reducing individualized judicial assessments.
Supports broader criminal justice reform goals. By expanding automatic protections for young people, the legislation aligns with efforts to reduce recidivism, promote rehabilitation, and address the disproportionate impact of the justice system on youth.
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Who cares
Eligible youths facing misdemeanor convictions
The bill would require youthful offender status regardless of the court handling the case, provided they had no prior criminal conviction or youthful offender finding before trial or a guilty plea.
Criminal court judges
The bill would base mandatory youthful offender treatment on a misdemeanor conviction rather than on whether the conviction occurs in a local criminal court.
Defense attorneys and prosecutors
The bill would change the criteria for mandatory youthful offender treatment for eligible youths whose convictions are entered on or after its effective date.
Headline styles
Expand Youthful Offender Status
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Ordered to third reading cal.37
- Advanced to third reading cal.127
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Youth Misdemeanors Sealed
In Senate Committee · Codes · Sponsor Jamaal Bailey
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
718
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. JOYNER -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to youthful offender determinations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 presentence 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] for a misdemeanor and provided the eligible youth 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 is a youthful offender.
§ 2. This act shall take effect immediately and apply to criminal convictions of eligible youths entered into on and after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00164-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.