Assembly Bill A3492A

2013-2014 Legislative Session

Establishes the actual innocence justice act 2014

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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

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Bill Amendments

2013-A3492 - Details

See Senate Version of this Bill:
S49
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9736, S6234
2011-2012: A6551, S729
2015-2016: A5077, S1299
2017-2018: A4689, S351
2019-2020: A8790, S2079
2021-2022: A4543

2013-A3492 - 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.

2013-A3492 - Bill Text download pdf

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

                                  3492

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred 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
HAS ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE THAT HE OR SHE IS ACTU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01072-01-3
              

2013-A3492A (ACTIVE) - Details

See Senate Version of this Bill:
S49
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9736, S6234
2011-2012: A6551, S729
2015-2016: A5077, S1299
2017-2018: A4689, S351
2019-2020: A8790, S2079
2021-2022: A4543

2013-A3492A (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.

2013-A3492A (ACTIVE) - Bill Text download pdf

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

                                 3492--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01072-03-4
              

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