Assembly Actions -
Senate Actions - UPPERCASE
|Jan 03, 2024
referred to codes
|Jan 04, 2023
referred to codes
Senate Bill S215
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S215 (ACTIVE) - Details
2023-S215 (ACTIVE) - Sponsor Memo
BILL NUMBER: S215 SPONSOR: MYRIE TITLE OF BILL: 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 SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds sections 440.00 to the Criminal Procedure Law, which defines the term "applicant" as a person previously convicted of a crime who is applying for relief under this article. Section 1 also adds section 440.11 to the Criminal Procedure Law, which provides specific grounds for vacating a judgment due to decriminalization of the appli- cant's act that led to his or her conviction, or a change in a law applied in the process leading to the applicant's conviction that calls for retroactive application of the new legal standard. If a court grants a motion under this section, it must vacate the judgment on the merits, dismiss the accusatory instrument, seal the judgment, and take addi- tional appropriate action as needed.
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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