Assembly Actions -
Senate Actions - UPPERCASE
|Jan 23, 2020||
referred to codes
Assembly Bill A9157
2019-2020 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
Carmen De La Rosa
2019-A9157 (ACTIVE) - Details
2019-A9157 (ACTIVE) - Summary
Relates to motions to vacate judgment; authorizes filing motions to vacate judgment due to a change in law; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea and relates to the requirements of discovery; and repeals certain provisions of law relating thereto.
2019-A9157 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9157 I N A S S E M B L Y January 23, 2020 ___________ Introduced by M. of A. QUART -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to motions to vacate judgment; and to repeal certain provisions of such law relating thereto 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 440.11 to read as follows: § 440.11 MOTION TO VACATE JUDGMENT; CHANGE IN THE LAW. 1. AT ANY TIME AFTER THE ENTRY OF A JUDGMENT OBTAINED AT TRIAL OR BY PLEA, THE COURT IN WHICH IT WAS ENTERED MAY, UPON MOTION OF THE APPLI- CANT, VACATE SUCH JUDGMENT UPON THE GROUND THAT: (A) THE APPLICANT WAS CONVICTED OF ANY OFFENSE IN THE STATE OF NEW YORK WHICH HAS BEEN SUBSEQUENTLY DECRIMINALIZED AND IS THUS A LEGAL NULLITY. (B) THERE HAS BEEN A CHANGE, WHETHER SUBSTANTIVE OR PROCEDURAL, IN THE LAW OR LAWS APPLIED IN THE PROCESS LEADING TO THE APPLICANT'S CONVICTION WHERE SUFFICIENT REASON EXISTS TO ALLOW RETROACTIVE APPLICATION OF THE CHANGED LEGAL STANDARD. 2. IF THE COURT GRANTS A MOTION UNDER THIS SECTION, IT MUST VACATE THE JUDGMENT ON THE MERITS, DISMISS THE ACCUSATORY INSTRUMENT, SEAL THE JUDGMENT, AND MAY TAKE SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN THE CIRCUMSTANCES. § 2. Section 440.10 of the criminal procedure law, paragraph (g-1) of subdivision 1 as added by chapter 19 of the laws of 2012, paragraph (h) of subdivision 1, paragraph (b) of subdivision 2, paragraph (a) of subdivision 3 and subdivision 4 as amended and subdivisions 7 and 8 as renumbered by chapter 332 of the laws of 2010, paragraph (i) of subdivi- sion 1 as amended by section 3 of part OO of chapter 55 of the laws of 2019, subparagraph (ii) of paragraph (i) and paragraph (j) of subdivi- sion 1 and subdivision 6 as amended by chapter 131 of the laws of 2019, paragraph (k) of subdivision 1 as added by chapter 132 of the laws of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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