assembly Bill A98

2021-2022 Legislative Session

Relates to motions to vacate) judgment; repealer

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Current Bill Status - In Assembly 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 06, 2021 referred to codes

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A98 (ACTIVE) - Details

See Senate Version of this Bill:
S266
Current Committee:
Assembly 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 2019-2020 Legislative Session:
A9157, S7255

A98 (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.

A98 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    98
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. QUART, KIM, TAYLOR, DE LA ROSA -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets