assembly Bill A2878

2023-2024 Legislative Session

Relates to motions to vacate judgment; repealer

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Current Bill Status - Passed Assembly


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2023 referred to codes
delivered to senate
passed assembly
Mar 02, 2023 advanced to third reading cal.32
Feb 28, 2023 reported
Jan 30, 2023 referred to codes

Co-Sponsors

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A2878 (ACTIVE) - Details

See Senate Version of this Bill:
S215
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 Other Legislative Sessions:
2019-2020: A9157, S7255
2021-2022: A98, S266

A2878 (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.

A2878 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2878
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2023
                                ___________
 
 Introduced by M. of A. AUBRY, KIM, TAYLOR, FORREST, BURGOS, REYES, HEVE-
   SI,  FAHY,  O'DONNELL,  MITAYNES,  ANDERSON,  MAMDANI, JACKSON, CLARK,
   SIMON,  GONZALEZ-ROJAS,  SEAWRIGHT,   CARROLL,   GALLAGHER,   DARLING,
   BURDICK,  CRUZ,  EPSTEIN, HUNTER, MEEKS, WEPRIN, KELLES, L. ROSENTHAL,
   OTIS, COOK, DINOWITZ, SEPTIMO, GIBBS, DICKENS, GLICK, DAVILA, HYNDMAN,
   PRETLOW, RAMOS, TAPIA, LUNSFORD --  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 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.
   2. IF THE COURT GRANTS A MOTION UNDER THIS SECTION, IT MUST VACATE THE
 JUDGMENT  ON  THE  MERITS,  DISMISS  THE ACCUSATORY INSTRUMENT, SEAL THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00806-01-3
 A. 2878                             2