senate Bill S49A

2013-2014 Legislative Session

Establishes the actual innocence justice act 2014

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 49a
amend and recommit to codes
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S49 - Details

See Assembly Version of this Bill:
A3492A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S729A, A6551A, A6651A
2009-2010: S6234C, A6219, A9736B, S6234B

S49 - Summary

Establishes the actual innocence justice act of 2014; clarifies that convicted persons who can demonstrate a reasonable probability that they are innocent will have the right to challenge their convictions under the law, notwithstanding any other procedural or technical provisions of law that would have prevented them from doing so.

S49 - Sponsor Memo

S49 - Bill Text download pdf

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

                                   49

                       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  establishing
  the actual innocence justice act of 2013

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

  Section 1. Short title.  This act shall be known as the "actual  inno-
cence justice act of 2013".
  S  2.  Subparagraph  (ii) of paragraph (i) of subdivision 1 of section
440.10 of the criminal procedure law, as added by  chapter  332  of  the
laws  of  2010,  is  amended and a new paragraph (j) is added to read as
follows:
  (ii) official documentation of the defendant's status as a  victim  of
sex  trafficking  or  trafficking  in persons at the time of the offense
from a federal, state or local government agency shall create a presump-
tion that the defendant's participation in the offense was a  result  of
having  been  a victim of sex trafficking or trafficking in persons, but
shall not be required for granting a motion under this paragraph[.]; OR
  (J) THE DEFENDANT IS ACTUALLY INNOCENT OF THE CRIME OR CRIMES OF WHICH
HE OR SHE WAS CONVICTED. FOR PURPOSES OF THIS PARAGRAPH, A DEFENDANT  IS
ACTUALLY  INNOCENT  WHERE  IT  IS  ESTABLISHED  BY  CLEAR AND CONVINCING
EVIDENCE THAT NO TRIER OF FACT WOULD HAVE CONVICTED THE DEFENDANT  UNDER
A REASONABLE DOUBT STANDARD AND IN LIGHT OF ALL AVAILABLE EVIDENCE.
  S 3. Subdivision 4 of section 440.10 of the criminal procedure law, as
amended  by  chapter  332  of  the  laws  of 2010, is amended to read as
follows:
  4. If the court grants the motion, it  must,  except  as  provided  in
subdivision  five  or six of this section, vacate the judgment, and must
dismiss the accusatory instrument, or order a new trial,  or  take  such
other  action  as is appropriate in the circumstances.  IF THE DEFENDANT

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

Co-Sponsors

S49A (ACTIVE) - Details

See Assembly Version of this Bill:
A3492A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S729A, A6551A, A6651A
2009-2010: S6234C, A6219, A9736B, S6234B

S49A (ACTIVE) - Summary

Establishes the actual innocence justice act of 2014; clarifies that convicted persons who can demonstrate a reasonable probability that they are innocent will have the right to challenge their convictions under the law, notwithstanding any other procedural or technical provisions of law that would have prevented them from doing so.

S49A (ACTIVE) - Sponsor Memo

S49A (ACTIVE) - Bill Text download pdf

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

                                  49--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. PERALTA, ESPAILLAT -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Codes  --
  recommitted  to  the Committee on Codes in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the criminal procedure law, in relation to establishing
  the actual innocence justice act of 2014

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

  Section  1. Short title.  This act shall be known as the "actual inno-
cence justice act of 2014".
  S 2. Subparagraph (ii) of paragraph (i) of subdivision  1  of  section
440.10  of  the  criminal  procedure law, as added by chapter 332 of the
laws of 2010, is amended and a new paragraph (j) is  added  to  read  as
follows:
  (ii)  official  documentation of the defendant's status as a victim of
sex trafficking or trafficking in persons at the  time  of  the  offense
from a federal, state or local government agency shall create a presump-
tion  that  the defendant's participation in the offense was a result of
having been a victim of sex trafficking or trafficking in  persons,  but
shall not be required for granting a motion under this paragraph[.]; OR
  (J) THE DEFENDANT IS ACTUALLY INNOCENT OF THE CRIME OR CRIMES OF WHICH
HE  OR SHE WAS CONVICTED. FOR PURPOSES OF THIS PARAGRAPH, A DEFENDANT IS
ACTUALLY INNOCENT WHERE  IT  IS  ESTABLISHED  BY  CLEAR  AND  CONVINCING
EVIDENCE  THAT NO TRIER OF FACT WOULD HAVE CONVICTED THE DEFENDANT UNDER
A REASONABLE DOUBT STANDARD AND IN LIGHT OF ALL AVAILABLE EVIDENCE.
  S 3. Subdivision 4 of section 440.10 of the criminal procedure law, as
amended by chapter 332 of the laws  of  2010,  is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01072-02-4

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