Assembly Bill A4984

2019-2020 Legislative Session

Provides for reimbursement to defendant when defense of justification is successful

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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-A4984 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §35.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3842
2011-2012: A4495
2013-2014: A4258
2015-2016: A4461
2017-2018: A3157

2019-A4984 (ACTIVE) - Summary

Requires the state to indemnify or reimburse a criminal defendant for loss of time, legal fees and other expenses involved in a defense if the defendant's actions are found, upon legal investigation or court action to determine facts, to be justified.

2019-A4984 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4984
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by  M. of A. RAIA, FINCH, MORINELLO -- Multi-Sponsored by --
   M. of A.  BLANKENBUSH, HAWLEY, KOLB, McDONOUGH, M. L. MILLER  --  read
   once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to reimbursement following a
   successful defense of justification

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  35.00  of  the  penal  law is amended to read as
 follows:
 § 35.00  Justification; a defense.
   In any prosecution  for  an  offense,  justification,  as  defined  in
 sections  35.05  through  35.30  OF  THIS  ARTICLE, is a defense. WHEN A
 SUBSTANTIAL QUESTION OF JUSTIFICATION  SHALL  EXIST  WHICH  NEEDS  LEGAL
 INVESTIGATION  OR  COURT  ACTION FOR THE FULL DETERMINATION OF THE FACTS
 AND THE DEFENDANT'S ACTIONS ARE SUBSEQUENTLY FOUND JUSTIFIED  UNDER  THE
 INTENT  OF  THIS  ARTICLE,  THE  STATE SHALL INDEMNIFY OR REIMBURSE SUCH
 DEFENDANT FOR ALL LOSS OF TIME, LEGAL FEES, OR OTHER  EXPENSES  INVOLVED
 IN HIS OR HER DEFENSE.
   §  2.    This  act  shall  take  effect  on the first of November next
 succeeding 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.
                                                            LBD07865-01-9

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