Senate Bill S7255

2019-2020 Legislative Session

Relates to motions to vacate) judgment; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S7255 (ACTIVE) - Details

See Assembly Version of this Bill:
A9157
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.11, amd §§440.10, 440.20, 440.30 & 450.10, rpld §450.10 sub 5, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S266, A98
2023-2024: S215, A2878, A10131

2019-S7255 (ACTIVE) - Summary

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment due to a change in law; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea and relates to the requirements of discovery; and repeals certain provisions of law relating thereto.

2019-S7255 (ACTIVE) - Sponsor Memo

2019-S7255 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7255
 
                             I N  S E N A T E
 
                             January 14, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  motions  to
   vacate judgment; and to repeal certain provisions of such law relating
   thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 440.11 to read as follows:
 § 440.11 MOTION TO VACATE JUDGMENT; CHANGE IN THE LAW.
   1.  AT  ANY TIME AFTER THE ENTRY OF A JUDGMENT OBTAINED AT TRIAL OR BY
 PLEA, THE COURT IN WHICH IT WAS ENTERED MAY, UPON MOTION OF  THE  APPLI-
 CANT, VACATE SUCH JUDGMENT UPON THE GROUND THAT:
   (A)  THE  APPLICANT  WAS  CONVICTED OF ANY OFFENSE IN THE STATE OF NEW
 YORK WHICH HAS BEEN SUBSEQUENTLY DECRIMINALIZED  AND  IS  THUS  A  LEGAL
 NULLITY.
   (B) THERE HAS BEEN A CHANGE, WHETHER SUBSTANTIVE OR PROCEDURAL, IN THE
 LAW OR LAWS APPLIED IN THE PROCESS LEADING TO THE APPLICANT'S CONVICTION
 WHERE  SUFFICIENT  REASON EXISTS TO ALLOW RETROACTIVE APPLICATION OF THE
 CHANGED LEGAL STANDARD.
   2. IF THE COURT GRANTS A MOTION UNDER THIS SECTION, IT MUST VACATE THE
 JUDGMENT ON THE MERITS, DISMISS  THE  ACCUSATORY  INSTRUMENT,  SEAL  THE
 JUDGMENT,  AND  MAY TAKE SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN THE
 CIRCUMSTANCES.
   § 2. Section 440.10 of the criminal procedure law, paragraph (g-1)  of
 subdivision  1 as added by chapter 19 of the laws of 2012, paragraph (h)
 of subdivision 1, paragraph (b)  of  subdivision  2,  paragraph  (a)  of
 subdivision  3  and subdivision 4 as amended and subdivisions 7 and 8 as
 renumbered by chapter 332 of the laws of 2010, paragraph (i) of subdivi-
 sion 1 as amended by section 3 of part OO of chapter 55 of the  laws  of
 2019,  subparagraph  (ii) of paragraph (i) and paragraph (j) of subdivi-
 sion 1 and subdivision 6 as amended by chapter 131 of the laws of  2019,
 paragraph  (k)  of  subdivision 1 as added by chapter 132 of the laws of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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