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.
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.
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