Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 10, 2010 |
advanced to third reading |
Jun 09, 2010 |
2nd report cal. |
Jun 08, 2010 |
1st report cal.856 |
May 18, 2010 |
referred to codes |
Senate Bill S7867
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
Votes
co-Sponsors
(D, WF) 29th Senate District
2009-S7867 (ACTIVE) - Details
2009-S7867 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7867 TITLE OF BILL : An act to amend the criminal procedure law, in relation to vacating judgments based upon forensic DNA tests PURPOSE : The purpose of the bill is to provide a mechanism by which an individual convicted of a crime by a guilty plea could move to vacate the conviction based on new evidence consisting of DNA test results discovered since entry of judgment. SUMMARY OF PROVISIONS : Section 1 of the bill amends Criminal Procedure Law (CPL) Section 440.10 to provide that at any time after entry of judgment upon a guilty plea, the defendant may move to vacate such judgment upon the ground that new evidence consisting of DNA test results has been discovered since the entry of judgment. Section 2 of the bill amends CPL §440.20 (1) to make conforming changes. Section 3 of the bill amends CPL §440.30 (1-a) to provide the procedure by which a defendant may move to vacate a conviction or judgment based on a request for performance of forensic DNA testing.
2009-S7867 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7867 I N S E N A T E May 18, 2010 ___________ Introduced by Sen. SCHNEIDERMAN -- 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 vacating judgments based upon forensic DNA tests THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (h) of subdivision 1 and subdivision 5 of section 440.10 of the criminal procedure law are amended to read as follows: (h) NEW EVIDENCE CONSISTING OF FORENSIC DNA TEST RESULTS HAS BEEN DISCOVERED SINCE THE ENTRY OF JUDGMENT BASED UPON A PLEA OF GUILTY, WHICH WAS NOT AVAILABLE TO THE DEFENDANT PRIOR TO THE PLEA AND WHICH IS OF SUCH CHARACTER AS TO CREATE A PROBABILITY THAT HAD SUCH EVIDENCE BEEN KNOWN BY THE DEFENDANT PRIOR TO THE ENTRY OF A PLEA OF GUILTY THAT THE PLEA WOULD NOT HAVE BEEN ENTERED; PROVIDED THAT A MOTION BASED UPON SUCH GROUND MUST BE MADE WITH DUE DILIGENCE AFTER THE DISCOVERY OF SUCH ALLEGED NEW EVIDENCE; OR (I) The judgment was obtained in violation of a right of the defendant under the constitution of this state or of the United States. 5. Upon granting the motion upon the ground, as prescribed in para- graph (g) of subdivision one, that newly discovered evidence creates a probability that had such evidence been received at the trial the verdict would have been more favorable to the defendant in that the conviction would have been for a lesser offense than the one contained in the verdict, OR AS PRESCRIBED IN PARAGRAPH (H) OF SUBDIVISION ONE, THAT NEWLY DISCOVERED EVIDENCE CONSISTING OF FORENSIC DNA TEST RESULTS CREATES A PROBABILITY THAT HAD SUCH EVIDENCE BEEN KNOWN BY THE DEFENDANT PRIOR TO THE ENTRY OF A PLEA OF GUILTY THAT THE PLEA WOULD NOT HAVE BEEN ENTERED, the court may either: (a) Vacate the judgment and order a new trial; or (b) With the consent of the people, modify the judgment by reducing it to one of conviction for such lesser offense. In such case, the court must re-sentence the defendant accordingly. S 2. Subdivision 1 of section 440.20 of the criminal procedure law, as amended by chapter 1 of the laws of 1995, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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