Assembly Bill A3898

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3898
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   conviction integrity units
 
   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 arti-
 cle 15 to read as follows:
                                ARTICLE 15
                        CONVICTION INTEGRITY UNITS
 SECTION 15.10 SHORT TITLE.
         15.15 DEFINITIONS.
         15.20 CONVICTION INTEGRITY UNIT.
 § 15.10 SHORT TITLE.
   THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "CONVICTION  INTEGRITY
 UNITS ACT."
 § 15.15 DEFINITIONS.
   THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "BONA  FIDE  AND  COMPELLING  EVIDENCE"  MEANS  THAT  THE EVIDENCE
 PRESENTED BY THE PETITIONING PROSECUTOR ESTABLISHES BY  A  PREPONDERANCE
 OF THE EVIDENCE THAT:
   (A) THE CONVICTED PERSON IS SIGNIFICANTLY LIKELY TO BE FACTUALLY INNO-
 CENT;
   (B)  NEWLY DISCOVERED MATERIAL EVIDENCE, IF PRESENTED AT OR BEFORE THE
 TIME OF  TRIAL,  JUDGMENT  OF  CONVICTION,  OR  SENTENCING,  WOULD  HAVE
 RESULTED  IN  A  SIGNIFICANT PROBABILITY THAT THE RESULT WOULD HAVE BEEN
 DIFFERENT; OR
   (C) THERE EXISTS INFORMATION DISCOVERED OR RECEIVED BY THE PETITIONING
 PROSECUTION AGENCY AFTER A JUDGMENT OF CONVICTION AND SENTENCING THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03076-01-3
 A. 3898                             2

              

   (I) IF DISCLOSED TO THE CONVICTED PERSON PRIOR TO TRIAL,  JUDGMENT  OF
 CONVICTION,  OR  SENTENCING, WOULD HAVE RESULTED IN A SIGNIFICANT PROBA-
 BILITY THAT THE RESULT WOULD HAVE BEEN DIFFERENT; OR
   (II)  SIGNIFICANTLY  CALLS  INTO  QUESTION  THE LEGITIMACY OF THE JURY
 VERDICT, JUDGMENT OF CONVICTION, OR SENTENCE.
   2. "CONVICTED PERSON" MEANS THE PERSON WHOSE CONVICTION OR SENTENCE IS
 UNDER REVIEW.
   3. "CONVICTION INTEGRITY UNIT" MEANS A PROGRAM ESTABLISHED BY A PROSE-
 CUTION AGENCY TO CONDUCT EXTRAJUDICIAL, FACT-BASED REVIEWS  OF  CRIMINAL
 CONVICTIONS AND SENTENCES.
   4.  "ESTABLISHING  OFFICE" MEANS THE PROSECUTION AGENCY ESTABLISHING A
 CONVICTION INTEGRITY UNIT.
   5. "LEGITIMACY" MEANS CONSISTENT WITH THE UNITED STATES AND  NEW  YORK
 CONSTITUTIONS,  FEDERAL AND STATE LAW, AND ALL RULES AND PRINCIPLES OF A
 FAIR AND JUST LEGAL SYSTEM.
   6. "PETITIONING PROSECUTOR" MEANS THE PROSECUTOR  WHO  FILES  A  CIVIL
 PETITION SEEKING RELIEF UNDER THIS PART.
   7.  "PROSECUTION  AGENCY"  MEANS A COUNTY ATTORNEY, DISTRICT ATTORNEY,
 THE OFFICE OF THE ATTORNEY GENERAL, OR OTHER PROSECUTION AGENCY AS  PART
 OF  A  SUPERIOR  OR LOCAL CRIMINAL COURT PURSUANT TO ARTICLE TEN OF THIS
 CHAPTER.
   8. "SIGNIFICANT" OR "SIGNIFICANTLY LIKELY," FOR PURPOSES OF THIS PART,
 MEANS TO A LARGE DEGREE OR OF A NOTICEABLY OR MEASURABLY LARGE AMOUNT.
 § 15.20 CONVICTION INTEGRITY UNIT.
   1. A PROSECUTION AGENCY MAY ESTABLISH A CONVICTION INTEGRITY  UNIT  TO
 INVESTIGATE:
   (A) PLAUSIBLE ALLEGATIONS OF FACTUAL INNOCENCE;
   (B) NEWLY DISCOVERED MATERIAL EVIDENCE; OR
   (C) INFORMATION DISCOVERED OR RECEIVED BY THE PROSECUTION AGENCY AFTER
 TRIAL, JUDGMENT OF CONVICTION, OR SENTENCING THAT:
   (I)  IF  DISCLOSED TO THE CONVICTED PERSON PRIOR TO TRIAL, JUDGMENT OF
 CONVICTION, OR SENTENCING, WOULD HAVE RESULTED IN A  SIGNIFICANT  PROBA-
 BILITY THAT THE RESULT WOULD HAVE BEEN DIFFERENT; OR
   (II)  SIGNIFICANTLY  CALLS  INTO  QUESTION  THE LEGITIMACY OF THE JURY
 VERDICT, JUDGMENT OF CONVICTION, OR SENTENCE.
   2. A CONVICTION INTEGRITY UNIT MAY REVIEW A CONVICTION OR SENTENCE  IF
 THE CONVICTION AND SENTENCE:
   (A)  (I)  OCCURRED  WITHIN  THE  JUDICIAL DISTRICT OF THE ESTABLISHING
 OFFICE; AND
   (II) WAS PROSECUTED BY THE ESTABLISHING OFFICE OR ANOTHER  PROSECUTION
 AGENCY  UNDER  THE  DIRECT  CONTROL  AND SUPERVISION OF THE ESTABLISHING
 OFFICE; OR
   (B) (I) OCCURRED WITHIN A DIFFERENT JUDICIAL DISTRICT  OR  WAS  PROSE-
 CUTED  BY  ANOTHER  PROSECUTION  AGENCY NOT UNDER THE DIRECT CONTROL AND
 SUPERVISION OF THE ESTABLISHING OFFICE;
   (II) (A) THE PROSECUTION AGENCY  THAT  PROSECUTED  THE  CASE  HAS  NOT
 ESTABLISHED A CONVICTION INTEGRITY UNIT; OR
   (B)  THE PROSECUTION AGENCY THAT PROSECUTED THE CASE HAS ESTABLISHED A
 CONVICTION INTEGRITY UNIT BUT DETERMINES THAT REVIEW OF  THE  CONVICTION
 OR  SENTENCE  SHOULD  BE CONDUCTED BY A CONVICTION INTEGRITY UNIT ESTAB-
 LISHED BY ANOTHER PROSECUTION AGENCY; AND
   (III) THE DISTRICT ATTORNEY, COUNTY  ATTORNEY,  ATTORNEY  GENERAL,  OR
 OTHER  PROSECUTOR  THAT  DIRECTLY OVERSEES AND SUPERVISES THE REQUESTING
 AGENCY REQUESTS THE REVIEW.
 A. 3898                             3
 
   3. (A) AN INDIVIDUAL CONVICTED OF A CRIME MAY SUBMIT AN APPLICATION TO
 A CONVICTION  INTEGRITY  UNIT  REQUESTING  REVIEW  OF  THE  INDIVIDUAL'S
 CONVICTION OR SENTENCE AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION.
   (B)  IF  A  CONVICTED  PERSON  SUBMITS  AN APPLICATION FOR REVIEW OF A
 CONVICTION THAT RESULTED IN A SENTENCE OF DEATH, AND THE APPLICATION  IS
 SUBMITTED  TO  ANY  CONVICTION  INTEGRITY  UNIT  OTHER THAN A CONVICTION
 INTEGRITY UNIT ESTABLISHED BY THE OFFICE OF THE  ATTORNEY  GENERAL,  THE
 CONVICTION  INTEGRITY  UNIT  THAT RECEIVES THE APPLICATION SHALL FORWARD
 COPIES OF THE APPLICATION TO THE OFFICE OF THE ATTORNEY GENERAL  AND  TO
 THE CONVICTED PERSON'S CURRENT COUNSEL OF RECORD.
   (C)  IF  A CONVICTION INTEGRITY UNIT OTHER THAN A CONVICTION INTEGRITY
 UNIT ESTABLISHED BY THE OFFICE OF THE ATTORNEY GENERAL,  UNDERTAKES  ANY
 REVIEW  OF  A  CONVICTION  THAT  RESULTED  IN  A  SENTENCE OF DEATH, THE
 CONVICTION INTEGRITY UNIT SHALL SEND THE  FINDINGS  AND  RECOMMENDATIONS
 PROMPTLY  UPON  COMPLETION  TO THE OFFICE OF THE ATTORNEY GENERAL AND TO
 THE CONVICTED PERSON'S CURRENT COUNSEL OF RECORD.
   (D) IF A CONVICTION INTEGRITY UNIT OTHER THAN A  CONVICTION  INTEGRITY
 UNIT  ESTABLISHED  BY  THE  OFFICE  OF THE ATTORNEY GENERAL DISCOVERS OR
 RECEIVES ANY INFORMATION RELEVANT TO A CONVICTION  THAT  RESULTED  IN  A
 SENTENCE  OF  DEATH,  THE  CONVICTION  INTEGRITY  UNIT THAT DISCOVERS OR
 RECEIVES THE INFORMATION SHALL PROMPTLY NOTIFY THE OFFICE OF THE  ATTOR-
 NEY GENERAL AND THE CONVICTED PERSON'S CURRENT COUNSEL OF RECORD.
   4.  THE  FORM  OF THE APPLICATION FOR REVIEW AND ITS CONTENTS SHALL BE
 DETERMINED BY THE ESTABLISHING OFFICE.
   5. ONCE THE REVIEW IS COMPLETE, THE CONVICTION  INTEGRITY  UNIT  SHALL
 PRESENT ITS FINDINGS AND RECOMMENDATIONS TO:
   (A) THE DISTRICT ATTORNEY, COUNTY ATTORNEY, ATTORNEY GENERAL, OR OTHER
 PROSECUTOR WHO DIRECTLY OVERSEES AND SUPERVISES THE ESTABLISHING OFFICE;
 OR
   (B)  IF  THE  REVIEW WAS REQUESTED BY ANOTHER PROSECUTION AGENCY UNDER
 PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THE DISTRICT ATTORNEY,
 COUNTY ATTORNEY, ATTORNEY GENERAL,  OR  OTHER  PROSECUTOR  WHO  DIRECTLY
 OVERSEES  AND  SUPERVISES  THE  PROSECUTION  AGENCY  THAT REQUESTED SUCH
 REVIEW.
   6. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, ATTORNEY GENERAL, OR  OTHER
 PROSECUTOR WHO DIRECTLY OVERSEES AND SUPERVISES THE ESTABLISHING OFFICE,
 OR  WHO  REQUESTED REVIEW UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
 SECTION, IS NOT REQUIRED TO ACCEPT OR FOLLOW THE FINDINGS AND  RECOMMEN-
 DATIONS OF THE CONVICTION INTEGRITY UNIT.
   7.  THE DISTRICT ATTORNEY, COUNTY ATTORNEY, ATTORNEY GENERAL, OR OTHER
 PROSECUTOR WHO DIRECTLY OVERSEES AND SUPERVISES THE ESTABLISHING OFFICE,
 OR WHO REQUESTED REVIEW UNDER PARAGRAPH (B) OF SUBDIVISION TWO  OF  THIS
 SECTION,  MAY  COMMENCE  A  CIVIL PROCEEDING BY FILING A PETITION IN THE
 SUPERIOR COURT WITH JURISDICTION OVER THE CASE SEEKING A COURT ORDER TO:
   (A) VACATE THE CONVICTION;
   (B) VACATE THE CONVICTION AND ORDER A NEW TRIAL;
   (C) VACATE THE SENTENCE AND ORDER FURTHER PROCEEDINGS; OR
   (D) MODIFY THE CONVICTION OR SENTENCE.
   8. THE DECISION TO PETITION THE SUPERIOR COURT UNDER SUBDIVISION SEVEN
 OF THIS SECTION IS SOLELY WITHIN THE DISCRETION OF THE  DISTRICT  ATTOR-
 NEY, COUNTY ATTORNEY, ATTORNEY GENERAL, OR OTHER PROSECUTOR WHO DIRECTLY
 OVERSEES  AND  SUPERVISES  THE ESTABLISHING OFFICE, OR WHO REQUESTED THE
 REVIEW UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   9. EXCEPT AS OTHERWISE PROVIDED IN THIS PART, A  PETITION  FILED  WITH
 THE SUPERIOR COURT SHALL COMPLY WITH THE PROVISIONS OF THIS CHAPTER, AND
 SHALL  INCLUDE  THE NUMBER OF THE UNDERLYING CRIMINAL CASE THAT RESULTED
 A. 3898                             4
 
 IN THE JUDGMENT OF CONVICTION OR SENTENCE IN CONNECTION WITH  WHICH  THE
 PETITIONING PROSECUTOR SEEKS RELIEF FROM THE COURT.
   10. IF A PETITION IS FILED UNDER SUBDIVISION SEVEN OF THIS SECTION THE
 PETITIONING PROSECUTOR SHALL PROMPTLY:
   (A)  NOTIFY  THE  CONVICTED  PERSON, IN WRITING, THAT THE PETITION HAS
 BEEN FILED AND PROVIDE THE CONVICTED PERSON WITH A COPY OF THE  PETITION
 AND ALL OTHER DOCUMENTS FILED IN SUPPORT OF THE PETITION;
   (B) NOTIFY THE VICTIM OR THE VICTIM'S REPRESENTATIVE, IF ANY, IN WRIT-
 ING,  THAT A PETITION HAS BEEN FILED, PROVIDE THE VICTIM OR THE VICTIM'S
 REPRESENTATIVE, IF ANY, WITH A COPY OF THE PETITION AND ALL OTHER  DOCU-
 MENTS  FILED IN SUPPORT, AND ADVISE THE VICTIM OR THE VICTIM'S REPRESEN-
 TATIVE OF THE VICTIM'S RIGHT TO BE HEARD BY THE COURT UNDER  SUBDIVISION
 THIRTEEN OF THIS SECTION; AND
   (C)  IF  THE  UNDERLYING  CONVICTION  WAS A FELONY OFFENSE, NOTIFY THE
 OFFICE OF THE ATTORNEY GENERAL, IN WRITING, THAT THE PETITION  HAS  BEEN
 FILED  AND  PROVIDE THE ATTORNEY GENERAL WITH A COPY OF THE PETITION AND
 ALL OTHER DOCUMENTS FILED IN SUPPORT.
   11. IF A PETITION IS FILED  PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
 SECTION, THE OFFICE OF THE ATTORNEY GENERAL HAS STANDING TO INTERVENE AS
 OF  RIGHT AND TO PARTICIPATE AS A PARTY IN THE SUPERIOR COURT PROCEEDING
 IF:
   (A) THE CONVICTED PERSON SUBMITTED AN APPLICATION UNDER PARAGRAPH  (A)
 OF  SUBDIVISION  THREE OF THIS SECTION REQUESTING REVIEW OF THE PERSON'S
 CONVICTION OR SENTENCE BY THE CONVICTION INTEGRITY UNIT;
   (B) THE CONVICTION INTEGRITY UNIT UNDERTOOK REVIEW  OF  THE  CONVICTED
 PERSON'S  CONVICTION  OR  SENTENCE AS A RESULT OF THE CONVICTED PERSON'S
 APPLICATION; AND
   (C) THE OFFICE OF THE ATTORNEY GENERAL REASONABLY BELIEVES THE  RELIEF
 REQUESTED  BY THE PETITIONING PROSECUTOR WOULD BE BARRED IF THE PETITION
 WERE FILED OR THE  RELIEF  WERE  REQUESTED  DIRECTLY  BY  THE  CONVICTED
 PERSON.
   12. UPON REVIEW OF THE PETITION, THE SUPERIOR COURT MAY:
   (A)  DISMISS  THE PETITION AS PROVIDED IN SUBDIVISION FOURTEEN OF THIS
 SECTION;
   (B) REQUIRE THAT ADDITIONAL EVIDENCE BE SUBMITTED;
   (C) CONDUCT AN EVIDENTIARY HEARING; OR
   (D) GRANT THE RELIEF REQUESTED BY THE PETITIONING PROSECUTION  AGENCY,
 OR ANY OTHER RELIEF EXPRESSLY PERMITTED BY THIS PART, IF BY A PREPONDER-
 ANCE OF THE EVIDENCE THE PETITION PRESENTS:
   (I)  BONA  FIDE  AND  COMPELLING EVIDENCE THAT THE CONVICTED PERSON IS
 SIGNIFICANTLY LIKELY TO BE FACTUALLY INNOCENT;
   (II) BONA FIDE AND COMPELLING NEWLY DISCOVERED MATERIAL EVIDENCE; OR
   (III) BONA FIDE AND COMPELLING INFORMATION DISCOVERED OR  RECEIVED  BY
 THE   PETITIONING  PROSECUTION  AGENCY  AFTER  THE  TRIAL,  JUDGMENT  OF
 CONVICTION, AND SENTENCING THAT:
   (A) IF DISCLOSED TO THE CONVICTED PERSON PRIOR TO TRIAL,  JUDGMENT  OF
 CONVICTION,  OR  SENTENCING, WOULD HAVE RESULTED IN A SIGNIFICANT PROBA-
 BILITY THAT THE RESULT WOULD HAVE BEEN DIFFERENT; OR
   (B) SIGNIFICANTLY CALLS INTO  QUESTION  THE  LEGITIMACY  OF  THE  JURY
 VERDICT, JUDGMENT OF CONVICTION, OR SENTENCE.
   13. IF THE COURT REQUESTS ADDITIONAL INFORMATION OR HOLDS AN EVIDENTI-
 ARY HEARING, THE CONVICTED PERSON, AND THE VICTIM OR THE VICTIM'S REPRE-
 SENTATIVE,  IF ANY, AND, IF NOTICE TO THE OFFICE OF THE ATTORNEY GENERAL
 WAS REQUIRED UNDER PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION, THE
 ATTORNEY GENERAL, SHALL HAVE THE RIGHT  TO  BE  HEARD  BY  THE  SUPERIOR
 COURT, THROUGH WRITTEN SUBMISSIONS OR TESTIMONY.
 A. 3898                             5
 
   14.  A  SUPERIOR COURT MAY DISMISS A PETITION WITHOUT A HEARING IF THE
 COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE  PETITION  FAILS
 TO ASSERT GROUNDS ON WHICH RELIEF MAY BE GRANTED.
   15. IN GRANTING RELIEF UNDER THIS PART, THE SUPERIOR COURT MAY:
   (A) VACATE THE CONVICTION;
   (B) VACATE THE CONVICTION AND ORDER A NEW TRIAL;
   (C) VACATE THE SENTENCE AND ORDER FURTHER PROCEEDINGS; OR
   (D) MODIFY THE CONVICTION OR SENTENCE.
   16.  THE  SUPERIOR COURT SHALL STATE ON THE RECORD THE REASONS FOR THE
 COURT'S DECISION.
   17. (A) AN APPEAL MAY BE TAKEN BY THE PETITIONING  PROSECUTOR  FROM  A
 FINAL ORDER ENTERED UNDER THIS PART.
   (B) IF NOTICE TO THE OFFICE OF THE ATTORNEY GENERAL WAS REQUIRED UNDER
 PARAGRAPH (C) OF SUBDIVISION TEN OF THIS SECTION, THE PETITIONING PROSE-
 CUTOR  SHALL CONSULT WITH THE ATTORNEY GENERAL PRIOR TO FILING AN APPEAL
 AND, IF AN APPEAL IS FILED BY THE PETITIONING PROSECUTOR, THE OFFICE  OF
 THE  ATTORNEY  GENERAL  HAS  STANDING  TO  INTERVENE  AS OF RIGHT AND TO
 PARTICIPATE AS A PARTY IN ALL APPELLATE PROCEEDINGS.
   18. ATTORNEY FEES, COSTS, ORDERS OF RESTITUTION, OR ANY OTHER FORM  OF
 MONETARY RELIEF ARE NOT AVAILABLE UNDER THIS ARTICLE.
   19. NOTHING IN THIS SECTION:
   (A)  PRECLUDES A CONVICTION INTEGRITY UNIT FROM REVIEWING A CONVICTION
 OR SENTENCE BASED ON INFORMATION DISCOVERED OR RECEIVED DIRECTLY BY  THE
 ESTABLISHING  OFFICE  OR  RECEIVED  FROM  AN  INDIVIDUAL  OTHER THAN THE
 CONVICTED INDIVIDUAL;
   (B) PROHIBITS AN ESTABLISHING OFFICE FROM ADOPTING ADDITIONAL  WRITTEN
 CRITERIA  FOR  THE CONVICTIONS OR SENTENCES THE ESTABLISHING OFFICE WILL
 REVIEW OR WILL DECLINE TO REVIEW; OR
   (C) REQUIRES A CONVICTION INTEGRITY UNIT TO REVIEW ANY  CONVICTION  OR
 SENTENCE.
   20. NOTHING IN THIS ARTICLE:
   (A) INCLUDING REVIEW BY A CONVICTION INTEGRITY UNIT OR THE FILING OF A
 PETITION  UNDER  SUBDIVISION  SEVEN OF THIS SECTION, MAY OPERATE TO STAY
 ANY OTHER PROCEEDING, OR TO EXTEND, TOLL, OR OTHERWISE ALTER  ANY  OTHER
 DEADLINE OR LIMITATION PERIOD UNDER THE PROVISIONS OF THIS CHAPTER;
   (B)  MAY  REVIVE  A  CLAIM  OR  CAUSE OF ACTION OR IMPLICATE A DEFENSE
 OTHERWISE AVAILABLE TO THE STATE UNDER ANY OTHER PROVISION OF THIS CHAP-
 TER, OR ANY OTHER APPLICABLE PROVISION OF LAW; OR
   (C) CONFERS STANDING OR CREATES  A  PRIVATE  RIGHT  OF  ACTION  FOR  A
 CONVICTED PERSON OR VICTIM OF A CONVICTED PERSON.
   21.  RELIEF  UNDER  THIS  SECTION DOES NOT EXCLUDE ANY OTHER AVAILABLE
 REMEDY.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.