Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 25, 2021 |
signed chap.501 |
Oct 13, 2021 |
delivered to governor |
Jun 07, 2021 |
returned to assembly passed senate 3rd reading cal.1214 substituted for s1217 |
Jun 07, 2021 |
substituted by a2653 |
May 24, 2021 |
advanced to third reading |
May 20, 2021 |
2nd report cal. |
May 19, 2021 |
1st report cal.1214 |
Jan 08, 2021 |
referred to codes |
Senate Bill S1217
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status Via A2653 - Signed by Governor
- 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
Actions
Votes
2021-S1217 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2653
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §440.10, CP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4667
2011-2012: S1020, A10404
2013-2014: S42, A4725
2015-2016: S1345, A2442, A9719
2017-2018: S335, A7621
2019-2020: S6661, A1824
2021-S1217 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1217 SPONSOR: BENJAMIN TITLE OF BILL: An act to amend the criminal procedure law, in relation to claims of ineffective assistance of counsel in post-conviction motions PURPOSE: This bill would permit the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would other- wise be required to deny the motion. SUMMARY OF PROVISIONS: This measure would amend paragraphs (b) and (c) of subdivision two of section 440.10 of the Criminal Procedure Law to provide that ineffective assistance of counsel claims shall be exempt from the procedural bars to collateral review imposed by these two provisions of the post-conviction
2021-S1217 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1217 2021-2022 Regular Sessions I N S E N A T E January 8, 2021 ___________ Introduced by Sen. BENJAMIN -- 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 claims of ineffective assistance of counsel in post-conviction motions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (b) and (c) of subdivision 2 of section 440.10 of the criminal procedure law, paragraph (b) as amended by chapter 332 of the laws of 2010, are amended to read as follows: (b) The judgment is, at the time of the motion, appealable or pending on appeal, and sufficient facts appear on the record with respect to the ground or issue raised upon the motion to permit adequate review thereof upon such an appeal UNLESS THE ISSUE RAISED UPON SUCH MOTION IS INEFFEC- TIVE ASSISTANCE OF COUNSEL. This paragraph shall not apply to a motion under paragraph (i) of subdivision one of this section; or (c) Although sufficient facts appear on the record of the proceedings underlying the judgment to have permitted, upon appeal from such judg- ment, adequate review of the ground or issue raised upon the motion, no such appellate review or determination occurred owing to the defendant's unjustifiable failure to take or perfect an appeal during the prescribed period or to his OR HER unjustifiable failure to raise such ground or issue upon an appeal actually perfected by him OR HER UNLESS THE ISSUE RAISED UPON SUCH MOTION IS INEFFECTIVE ASSISTANCE OF COUNSEL; or § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04946-01-1
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