senate Bill S6733

Signed By Governor
2011-2012 Legislative Session

Relates to DNA testing of certain offenders convicted of a crime

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 19, 2012 signed chap.19
Mar 15, 2012 delivered to governor
returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.18
substituted for a9555
referred to codes
Mar 14, 2012 delivered to assembly
passed senate
message of necessity - 3 day message
ordered to third reading cal.366
referred to rules

Votes

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Co-Sponsors

S6733 - Details

See Assembly Version of this Bill:
A9555
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§440.30, 240.40 & 440.10, CP L; amd §§995 & 995-c, Exec L

S6733 - Summary

Relates to DNA testing of certain offenders convicted of a crime.

S6733 - Sponsor Memo

S6733 - Bill Text download pdf

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

    S. 6733                                                  A. 9555

                      S E N A T E - A S S E M B L Y

                             March 14, 2012
                               ___________

IN  SENATE  -- Introduced by Sens. SALAND, GOLDEN, SKELOS -- (at request
  of the Governor) -- read twice and ordered printed, and  when  printed
  to be committed to the Committee on Rules

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  LENTOL, SILVER, WEINSTEIN,
  FARRELL, LAVINE, O'DONNELL, CLARK, PAULIN -- Multi-Sponsored by --  M.
  of  A. BRINDISI, BRONSON, CUSICK, GABRYSZAK, GOLDFEDER, HEVESI, LUPAR-
  DO, MORELLE, QUART, RAMOS, WEISENBERG, ZEBROWSKI -- (at request of the
  Governor) -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation to DNA testing of certain offenders convicted of a crime

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

  Section 1. Subdivision 1 of section 440.30 of the  criminal  procedure
law is amended to read as follows:
  1.  (A)  A  motion  to vacate a judgment pursuant to section 440.10 OF
THIS ARTICLE and a motion to set aside a sentence  pursuant  to  section
440.20  OF  THIS  ARTICLE  must  be  made in writing and upon reasonable
notice to the people. Upon the motion, a defendant who is in a  position
adequately  to raise more than one ground should raise every such ground
upon which he OR SHE intends to challenge the judgment or  sentence.  If
the  motion  is  based  upon  the  existence or occurrence of facts, the
motion papers must contain sworn allegations  thereof,  whether  by  the
defendant or by another person or persons. Such sworn allegations may be
based  upon  personal  knowledge  of the affiant or upon information and
belief, provided that in the latter event the  affiant  must  state  the
sources  of such information and the grounds of such belief. The defend-
ant may further submit documentary evidence or information supporting or
tending to support the allegations of the moving papers. The people  may
file with the court, and in such case must serve a copy thereof upon the
defendant  or his OR HER counsel, if any, an answer denying or admitting
any or all of the allegations of the  motion  papers,  and  may  further
submit documentary evidence or information refuting or tending to refute
such  allegations. After all papers of both parties have been filed, and

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

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