Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to codes |
Jan 21, 2011 |
referred to codes |
Assembly Bill A2908
2011-2012 Legislative Session
Sponsored By
LAVINE
Archive: Last Bill Status - In Assembly 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
Actions
2011-A2908 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยงยง440.10, 440.20 & 440.30, CP L
- Versions Introduced in 2009-2010 Legislative Session:
-
A11123
2011-A2908 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2908 2011-2012 Regular Sessions I N A S S E M B L Y January 21, 2011 ___________ Introduced by M. of A. LAVINE -- read once and referred 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. Subparagraph (ii) of paragraph (i) of subdivision 1 of section 440.10 of the criminal procedure law, as added by chapter 332 of the laws of 2010, is amended and a new paragraph (j) is added to read as follows: (ii) official documentation of the defendant's status as a victim of sex trafficking or trafficking in persons at the time of the offense from a federal, state or local government agency shall create a presump- tion that the defendant's participation in the offense was a result of having been a victim of sex trafficking or trafficking in persons, but shall not be required for granting a motion under this paragraph[.]; OR (J) 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. S 2. Subdivision 5 of section 440.10 of the criminal procedure law is amended to read as follows: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06971-01-1
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