Senate Bill S9198

2023-2024 Legislative Session

Relates to motions to vacate judgment; repealer

download bill text pdf

Sponsored By

Current 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

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2023-S9198 (ACTIVE) - Details

See Assembly Version of this Bill:
A10131
Current Committee:
Assembly 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; amd §216, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9157
2021-2022: A98

2023-S9198 (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-S9198 (ACTIVE) - Sponsor Memo

2023-S9198 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9198
 
                             I N  S E N A T E
 
                                May 3, 2024
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed 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.
              

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