senate Bill S7255

2019-2020 Legislative Session

Relates to motions to vacate) judgment; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2020 referred to codes

Co-Sponsors

S7255 (ACTIVE) - Details

See Assembly Version of this Bill:
A9157
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.11, amd §§440.10, 440.20, 440.30 & 450.10, rpld §450.10 sub 5, CP L
Versions Introduced in 2021-2022 Legislative Session:
S266, A98

S7255 (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.

S7255 (ACTIVE) - Sponsor Memo

S7255 (ACTIVE) - Bill Text download pdf


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

                                  7255

                            I N  S E N A T E

                            January 14, 2020
                               ___________

Introduced  by  Sen.  MYRIE  -- 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  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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