Assembly Bill A2253

2019-2020 Legislative Session

Establishes a defendant's right to hearing to present exculpatory evidence regarding involvement in criminal activity

download bill text pdf

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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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2019-A2253 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §210.17, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3910
2013-2014: A4698
2015-2016: A6499
2017-2018: A4374
2021-2022: A1510

2019-A2253 (ACTIVE) - Summary

Establishes a defendant's right to a hearing to present exculpatory evidence regarding involvement in criminal activity.

2019-A2253 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2253
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  the  defend-
   ant's  right  to  a  hearing to present exculpatory evidence regarding
   involvement in criminal activity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 210.17 to read as follows:
 § 210.17 HEARING TO PRESENT EXCULPATORY EVIDENCE  REGARDING  INVOLVEMENT
            IN CRIMINAL ACTIVITY.
   1.  UPON  THE  DEFENDANT'S ARRAIGNMENT BEFORE A SUPERIOR COURT UPON AN
 INDICTMENT, THE COURT SHALL IMMEDIATELY INFORM HIM OR HER, OR CAUSE  HIM
 OR  HER  TO  BE  INFORMED  IN ITS PRESENCE, OF THE RIGHT TO A HEARING TO
 PRESENT EXCULPATORY EVIDENCE, INCLUDING WITNESS TESTIMONY IF THE FOLLOW-
 ING CIRCUMSTANCES EXIST:
   A. THE DEFENDANT WAS ARRESTED AS A RESULT OF A POLICE SWEEP OR RAID OF
 A PREMISES DURING WHICH A COLLECTIVE GROUP OF  SUSPECTS  WERE  ARRESTED;
 AND
   B. THE COLLECTIVE GROUP OF ARRESTED SUSPECTS, INCLUDING THE DEFENDANT,
 HAVE BEEN CHARGED WITH THE SAME CRIME.
   2. DURING SUCH HEARING, THE PROSECUTOR MUST PROFFER LEGALLY SUFFICIENT
 EVIDENCE  OF THE DEFENDANT'S INVOLVEMENT, WHETHER DIRECT OR INDIRECT, IN
 THE OFFENSE OR OFFENSES WITH WHICH THE DEFENDANT IS CHARGED.
   3. DURING SUCH HEARING, A DEFENDANT MAY OFFER PROOF THAT HE OR SHE WAS
 NOT INVOLVED IN ANY CRIMINAL ACTIVITY, BUT WAS IN THE WRONG PLACE AT THE
 WRONG TIME, AND THAT THE DEFENDANT HAD NO INVOLVEMENT IN THE OFFENSE  OR
 OFFENSES WITH WHICH HE OR SHE IS CHARGED.
   § 2. This act shall take effect on the first of November next succeed-
 ing 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.
                                                            LBD07196-01-9

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