S 5791: Relates to the "juvenile offender second chance act" which establishes the ability for a person to be adjudicated to be a youthful offender and receive all provisions and benefits of being a youthful offender.

  
  STATE OF NEW YORK ________________________________________________________________________ 5791 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sens. SEPULVEDA, COMRIE -- 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 the "juvenile offender second chance act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 4, 5 and 6 of section 720.10 of the criminal 2 procedure law, as renumbered by chapter 481 of the laws of 1978, are 3 renumbered subdivisions 5, 6 and 7 respectively and two new subdivisions 4 4 and 8 are added to read as follows: 5 4. Notwithstanding the provisions of subdivision two or three of this 6 section, a person seeking relief pursuant to subdivision two-a of 7 section 720.20 of this article, is an eligible youth if they meet the 8 following criteria: 9 (a) the person was convicted or sentenced as a juvenile offender as 10 defined in subdivision forty-two of section 1.20 of this chapter; 11 (b) the person is at least twenty-six years old; 12 (c) the person has not been convicted or sentenced for another felony; 13 (d) the person has not been convicted or sentenced for more than one 14 other misdemeanor; 15 (e) the person is not registered as a level three sex offender pursu- 16 ant to section one hundred sixty-eight-l of the correction law; and 17 (f) the person is not currently under strict intensive supervisions or 18 civil commitment pursuant to article ten of the mental hygiene law. 19 8. "Eligible youth petitioner" means a person eligible pursuant to 20 subdivision four of this section, who petitions the court for a youthful 21 offender finding. 22 § 2. Section 720.20 of the criminal procedure law is amended by adding 23 a new subdivision 2-a to read as follows: 24 2-a. Upon petition by an eligible youth petitioner, the court must 25 order a finding of fact in accordance with the criteria set forth in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10280-01-5 
 S. 5791 2 1 subdivision four of section 720.10 of this article. After receipt of 2 evidence in support and contradiction to said criteria, the court must 3 determine whether the person meets the criteria. If the court determines 4 the person meets the criteria set forth in subdivision four of section 5 720.10 of this article, the court must find the eligible youth petition- 6 er is a youthful offender. 7 § 3. Section 720.25 of the criminal procedure law, as added by chapter 8 402 of the laws of 2014, is amended to read as follows: 9 § 720.25 Youthful offender adjudication; certain exemptions. 10 Notwithstanding any inconsistent provisions of law: 11 1. where the court is required to find that a person is a youthful 12 offender pursuant to section 170.80 of this chapter, the fact that such 13 person has previously been convicted of a crime or adjudicated a youth- 14 ful offender shall not prevent such person from being adjudicated a 15 youthful offender as required by such section; [and] 16 2. a youthful offender adjudication pursuant to section 170.80 of this 17 chapter shall not be considered in determining whether a person is an 18 eligible youth, or in determining whether to find a person a youthful 19 offender, in any subsequent youthful offender adjudication; and 20 3. where the court is required to find that a person is a youthful 21 offender pursuant to sections 720.10 and 720.20 of this chapter, the 22 person shall have a youthful offender sentence imposed if they have not 23 completed their sentence for the conviction that is the subject of their 24 petition, and the person shall receive all other provisions and benefits 25 of the youthful offender adjudication wherever such provisions can 26 reasonably be so applied. 27 § 4. This act shall take effect on the first of November next succeed- 28 ing the date on which it shall have become a law.