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A05066 Summary:

BILL NOA05066
 
SAME ASNo Same As
 
SPONSORO'Donnell
 
COSPNSRWeprin, Sepulveda
 
MLTSPNSR
 
Amd 720.15, CP L
 
Relates to an accusatory instrument filed against a youth to be sealed except when the youth has previously been adjudicated a youthful offender for a felony offense.
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A05066 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5066
 
SPONSOR: O'Donnell
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to youthful offender procedure and accusatory instruments   PURPOSE OR GENERAL IDEA OF BILL: This bill would allow for the accusatory instrument and proceedings against a youthful offender to be sealed with regard to the public.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill would allow for the sealing of an accusatory instrument against an eligible youth who is charged with a felony, except where such youth has been convicted of a crime, or has been adju- dicated a youthful offender for a felony. It would also allow the court the discretion to conduct proceedings against an eligible youth charged with a felony in private.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): None.   JUSTIFICATION: Under current law the sealing of an accusatory instrument and the abili- ty of the court to conduct proceedings in private against a youth who is eligible for youthful offender adjudication is limited to misdemeanor charges. Additionally, if a youth has previously been adjudicated as a youthful offender for a misdemeanor, the accusatory instrument cannot be sealed, regardless of the current charge pending against the youth. A youthful offender adjudication does not result in a criminal conviction and all records related to the charges are sealed. However, when the accusatory instrument is not sealed at the outset, and the proceedings are open to the public, youth may still suffer the conse- quences of the criminal charge through the public's knowledge of the arrest and subsequent proceedings. This bill would remedy that situation and allow for eligible youth to receive the full benefits of a youthful offender adjudication. PRIOR   LEGISLATIVE HISTORY: A.5021 (2015-16); A.8973 (2014)   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05066 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5066
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by  M.  of  A. O'DONNELL, WEPRIN, SEPULVEDA -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the criminal procedure  law,  in  relation  to  youthful
          offender procedure and accusatory instruments
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 720.15 of the  criminal  procedure
     2  law,  as  amended by chapter 774 of the laws of 1985, is amended to read
     3  as follows:
     4    3. [The provisions of subdivisions one and two of this section requir-
     5  ing or authorizing the accusatory instrument filed against a youth to be
     6  sealed, and the arraignment and all proceedings  in  the  action  to  be
     7  conducted in private shall not apply in connection with a pending charge
     8  of  committing  any  felony  offense  as  defined in the penal law.] The
     9  provisions of subdivision one requiring the accusatory instrument  filed
    10  against a youth to be sealed shall not apply where such youth has previ-
    11  ously  been  adjudicated  a  youthful  offender  for a felony offense or
    12  convicted of a crime.
    13    § 2. This act shall take effect immediately and  shall  apply  to  all
    14  accusatory instruments filed on or after such effective date.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09392-01-7
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