senate Bill S266A

2021-2022 Legislative Session

Relates to motions to vacate) judgment; repealer

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Sponsored By

Current 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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2022 print number 266a
Mar 07, 2022 amend and recommit to codes
Jan 05, 2022 referred to codes
Jan 06, 2021 referred to codes

Co-Sponsors

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S266 - Details

See Assembly Version of this Bill:
A98
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §§440.00 & 440.11, amd §§440.10, 440.20, 440.30 & 450.10, rpld §450.10 sub 5, CP L
Versions Introduced in 2019-2020 Legislative Session:
S7255, A9157

S266 - 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; relates to the requirements of discovery.

S266 - Sponsor Memo

S266 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    266
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, BAILEY, HOYLMAN, RAMOS, SALAZAR -- 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

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S266A (ACTIVE) - Details

See Assembly Version of this Bill:
A98
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §§440.00 & 440.11, amd §§440.10, 440.20, 440.30 & 450.10, rpld §450.10 sub 5, CP L
Versions Introduced in 2019-2020 Legislative Session:
S7255, A9157

S266A (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; relates to the requirements of discovery.

S266A (ACTIVE) - Sponsor Memo

S266A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  266--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BIAGGI, BRISPORT, BROUK, CLEARE,
   COMRIE, COONEY, GIANARIS, HOYLMAN, JACKSON,  KAVANAGH,  KRUEGER,  LIU,
   MAY,  RAMOS,  REICHLIN-MELNICK,  RIVERA, SALAZAR, SAVINO, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Codes  -- recommitted to the Committee on Codes in
   accordance with Senate Rule 6, sec. 8 --  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  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  two  new
 sections 440.00 and 440.11 to read as follows:
 § 440.00 DEFINITION.
   AS USED IN THIS ARTICLE, THE TERM "APPLICANT" MEANS A PERSON PREVIOUS-
 LY CONVICTED OF A CRIME WHO IS APPLYING FOR RELIEF UNDER THIS ARTICLE.
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01711-03-2

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