Assembly Bill A10131

2023-2024 Legislative Session

Relates to motions to vacate judgment; repealer

download bill text pdf

Sponsored By

Current 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2023-A10131 (ACTIVE) - Details

See Senate Version of this Bill:
S9198
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; amd §216, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9157
2021-2022: A98

2023-A10131 (ACTIVE) - Summary

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea.

2023-A10131 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10131
 
                           I N  A S S E M B L Y
 
                                May 6, 2024
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
   relation  to  motions  to  vacate  judgment;  and  to  repeal  certain
   provisions of the criminal procedure 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 CONVICTION UPON THE  GROUND  THAT  THE  APPLICANT  WAS
 CONVICTED  OF ANY OFFENSE IN THE STATE OF NEW YORK WHICH HAS BEEN SUBSE-
 QUENTLY DECRIMINALIZED AND IS THUS A LEGAL NULLITY.
   2. IF THE COURT GRANTS A MOTION UNDER THIS SECTION,  IT  SHALL  VACATE
 THE  CONVICTION  ON  THE MERITS, DISMISS THE ACCUSATORY INSTRUMENT, SEAL
 THE CONVICTION, AND MAY TAKE SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN
 THE CIRCUMSTANCES.
   § 2. Section 440.10 of the criminal procedure law, paragraph (g-1)  of
 subdivision  1 as added by chapter 19 of the laws of 2012, paragraph (h)
 of subdivision 1, paragraph (a) of subdivision 3 and  subdivision  4  as
 amended  and  subdivisions  7  and 8 as renumbered by chapter 332 of the
 laws of 2010, paragraph (i)  of  subdivision  1  and  subdivision  6  as
 amended by chapter 629 of the laws of 2021, paragraph (j) of subdivision
 1 as amended by chapter 131 of the laws of 2019, paragraph (k) of subdi-
 vision  1  as  amended by chapter 92 of the laws of 2021, paragraphs (b)
 and (c) of subdivision 2 as amended by chapter 501 of the laws of  2021,
 and  subdivision 9 as added by section 4 of part OO of chapter 55 of the
 laws of 2019, is amended to read as follows:
 § 440.10 Motion to vacate judgment.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.