Senate Bill S215

2023-2024 Legislative Session

Relates to motions to vacate judgment; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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2023-S215 (ACTIVE) - Details

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: S7255
2021-2022: S266

2023-S215 (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.

2023-S215 (ACTIVE) - Sponsor Memo

2023-S215 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    215
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, GIANARIS, GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAVANAGH,
   KRUEGER, LIU, MAY, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO,
   THOMAS  --  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  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
 JUDGMENT,  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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