What's happening
The bill requires courts to grant youthful offender status for first-time misdemeanor convictions, unless the youth has a prior criminal record.
Why it matters
Guaranteeing youthful offender status for first-time misdemeanor convictions. means more young people will avoid having a permanent criminal record, which can impact their ability to access jobs, education, and housing in the future.
Making this status mandatory (rather than discretionary) for eligible first-time misdemeanor offenders. reduces uneven outcomes that result from judicial discretion, potentially addressing racial and geographic disparities in how youthful offender laws are applied.
Limiting the mandate to those without prior convictions or previous youthful offender findings. ensures that the benefit targets true first-time offenders, aiming to promote rehabilitation and second chances for youths who make a single mistake.
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Who cares
Headline styles
Youth Misdemeanors Get Leniency
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
332
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. BAILEY -- 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 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.
LBD00209-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to youthful offender determinations
Summary of provisions
This legislation will alter the current practice in which defendants who are aged 16, 17, or 18 are considered for Youthful Offender status. A defendant who is a first-time offender and is charged with a misdemeanor in a local court will, upon guilty plea or conviction, have the conviction replaced automatically and receive a Youthful Offender adju- dication. In contrast, the same first-time offender who is charged with a misdemeanor in superior court (county or supreme) will, upon guilty plea or conviction, not automatically receive a Youthful Offender adju- dication. This legislation will require that both classes of youthful defendants be treated the same in relation to eligibility for Youthful Offender status. It will require a defendant in a superior court who is found guilty of a misdemeanor, either by guilty plea or after trial, be adjudicated a Youthful Offender.
Justification
A young person - aged 16, 17 or 18 - who commits a crime may be adjudi- cated a Youthful Offender and punished. This status removes the criminal label from the youth, allowing the person not to acquire a criminal record and label that would otherwise stay with the person through life. Youthful Offender status is required with a first-time offender who commits a misdemeanor, but the treatment differs depending on the court in which the case is handled. If the youth is charged in a superior court (county or supreme court), upon a conviction for a misdemeanor, the judge has discretion on whether to grant the status. This differen- tial in treatment makes little sense. Whether the first-time youthful misdemeanor defendant is convicted in a local (justice or city court) or a superior court, the person should be treated the same, including receiving Youthful Offender status automatically if the person is a first-time offender. This legislation would have no effect upon a person aged 16-18, who is convicted of a felony. With such a person, the sentencing judge has discretion on whether to grant Youthful Offender status.
Legislative history
2017-18: S5893 - Referred to Codes
2019-20: S2183 - Referred to Codes
2021-22: S2799 - Referred to Codes
2023-24: S961 - Passed Senate in 2023; Referred to Codes in 2024
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.