Assembly Bill A2878A

Vetoed By Governor
2023-2024 Legislative Session

Relates to motions to vacate judgment; repealer

download bill text pdf

Sponsored By

Current Bill Status Via S7548 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A2878 - Details

See Senate Version of this Bill:
S7548
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; amd §216, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9157
2021-2022: A98

2023-A2878 - Summary

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea.

2023-A2878 - 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
              

co-Sponsors

2023-A2878A (ACTIVE) - Details

See Senate Version of this Bill:
S7548
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; amd §216, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9157
2021-2022: A98

2023-A2878A (ACTIVE) - Summary

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea.

2023-A2878A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2878--A
                                                          Cal. No. 32
 
                        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, ARDILA, SIMONE, RAGA, SHIMSKY,  ALVA-
   REZ, DE LOS SANTOS, BORES, LEVENBERG, WALKER -- read once and referred
   to  the  Committee  on Codes -- advanced to a third reading, passed by
   Assembly and delivered to the Senate, recalled from the  Senate,  vote
   reconsidered,  bill amended, ordered reprinted, retaining its place on
   the order of third reading
 
 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  CONVICTION  UPON  THE GROUND THAT THE APPLICANT WAS
 CONVICTED OF ANY OFFENSE IN THE STATE OF NEW YORK WHICH HAS BEEN  SUBSE-
 QUENTLY DECRIMINALIZED AND IS THUS A LEGAL NULLITY.
   2.  IF  THE  COURT GRANTS A MOTION UNDER THIS SECTION, IT SHALL VACATE
 THE CONVICTION ON THE MERITS, DISMISS THE  ACCUSATORY  INSTRUMENT,  SEAL
 THE CONVICTION, AND MAY TAKE SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN
 THE CIRCUMSTANCES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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