|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S42
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S42 - Details
S42 - Summary
Permits 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 otherwise be required to deny the motion.
S42 - Sponsor Memo
BILL NUMBER:S42 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 otherwise 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 motion statute. JUSTIFICATION: Although CPL section 440.10(1)(h) allows generally for a defendant to challenge the constitutionality of his or her conviction on collateral review, subdivision two of the statute establishes a number of mandatory procedural bars to such claims. Specifically, pursuant to subdivision (2)(b) of section 440.10, the court must deny
S42 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 42 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- 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 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00347-01-3
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