Senate Bill S4812

2023-2024 Legislative Session

Provides for the return of fines, restitution and reparation payments where there was an unjust conviction

download bill text pdf

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Current Bill Status - In Senate Committee Codes 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-S4812 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §420.10, CP L

2023-S4812 (ACTIVE) - Summary

Provides for the return of fines, restitution and reparation payments and any interest thereon where a defendant is subsequently pardoned upon the ground of innocence or the conviction is reversed or vacated.

2023-S4812 (ACTIVE) - Sponsor Memo

2023-S4812 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4812
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 providing for
   the return of fines, restitution and reparation payments  where  there
   was an unjust conviction

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 420.10 of the criminal procedure law is amended  by
 adding a new subdivision 9 to read as follows:
   9.  EFFECT  OF  UNJUST  CONVICTION.  (A) WHERE A COURT REQUIRES THAT A
 FINE, RESTITUTION OR REPARATION BE PAID BY A DEFENDANT, AND SUCH DEFEND-
 ANT IS SUBSEQUENTLY (I) PARDONED UPON THE GROUND  OF  INNOCENCE  OF  THE
 CRIME OR CRIMES FOR WHICH SUCH DEFENDANT WAS SENTENCED AND WHICH ARE THE
 GROUNDS  FOR  THE  FINE, RESTITUTION OR REPARATION; OR (II) SUCH DEFEND-
 ANT'S JUDGMENT OF CONVICTION WAS REVERSED OR VACATED, AND THE ACCUSATORY
 INSTRUMENT DISMISSED OR, IF A NEW TRIAL WAS ORDERED, EITHER SUCH DEFEND-
 ANT WAS FOUND NOT GUILTY AT THE NEW TRIAL  OR  SUCH  DEFENDANT  WAS  NOT
 RETRIED  AND  THE  ACCUSATORY  INSTRUMENT  DISMISSED;  PROVIDED THAT THE
 JUDGEMENT OF CONVICTION WAS REVERSED  OR  VACATED,  AND  THE  ACCUSATORY
 INSTRUMENT WAS DISMISSED, ON ANY OF THE FOLLOWING GROUNDS: (1) PARAGRAPH
 (A),  (B),  (C), (E) OR (G) OF SUBDIVISION ONE OF SECTION 440.10 OF THIS
 PART; OR (2) SUBDIVISION ONE (WHERE BASED  UPON  GROUNDS  SET  FORTH  IN
 CLAUSE  ONE OF THIS SUBPARAGRAPH), TWO, THREE (WHERE THE COUNT DISMISSED
 WAS THE SOLE BASIS FOR  THE  IMPRISONMENT  COMPLAINED  OF)  OR  FIVE  OF
 SECTION  470.20 OF THIS PART; OR (3) COMPARABLE PROVISIONS OF THE FORMER
 CODE OF CRIMINAL PROCEDURE OR SUBSEQUENT LAW; OR  (4)  THE  STATUTE,  OR
 APPLICATION  THEREOF,  ON  WHICH  THE  ACCUSATORY  INSTRUMENT  WAS BASED
 VIOLATED THE CONSTITUTION OF THE UNITED STATES OR THE STATE OF NEW YORK;
 ALL SUCH FINES, RESTITUTION OR REPARATIONS MADE  BY  OR  COLLECTED  FROM
 SUCH  DEFENDANT  AND  ANY  INTEREST  THEREON  SHALL  BE RETURNED TO SUCH
 DEFENDANT WITHIN NINETY DAYS FOLLOWING THE NOTICE  OF  ADJUDICATION  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09586-01-3

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