Assembly Bill A3842

2009-2010 Legislative Session

Provides for reimbursement to defendant when defense of justification is successful

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2009-A3842 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §35.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4495
2013-2014: A4258
2015-2016: A4461
2017-2018: A3157
2019-2020: A4984

2009-A3842 (ACTIVE) - Summary

Requires the state to indemnify or reimburse a criminal defendant for loss of time, legal fees and other expenses involved in a defense if the defendant's actions are found, upon legal investigation or court action to determine facts, to be justified.

2009-A3842 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3842

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. RAIA, CALHOUN, McKEVITT, WALKER -- Multi-Spon-
  sored by -- M. of A.  CONTE, KOLB, MILLER -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to reimbursement following  a
  successful defense of justification

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 35.00 of the  penal  law  is  amended  to  read  as
follows:
S 35.00  Justification; a defense.
  In  any  prosecution  for  an  offense,  justification,  as defined in
sections 35.05 through 35.30 OF THIS  ARTICLE,  is  a  defense.  WHEN  A
SUBSTANTIAL  QUESTION  OF  JUSTIFICATION  SHALL  EXIST WHICH NEEDS LEGAL
INVESTIGATION OR COURT ACTION FOR THE FULL DETERMINATION  OF  THE  FACTS
AND  THE  DEFENDANT'S ACTIONS ARE SUBSEQUENTLY FOUND JUSTIFIED UNDER THE
INTENT OF THIS ARTICLE, THE STATE  SHALL  INDEMNIFY  OR  REIMBURSE  SUCH
DEFENDANT  FOR  ALL LOSS OF TIME, LEGAL FEES, OR OTHER EXPENSES INVOLVED
IN HIS OR HER DEFENSE.
  S 2.   This act shall take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06607-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.