Bill Text: NY S02079 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes the actual innocence justice act of 2019; clarifies that convicted persons who can demonstrate a reasonable probability that they are innocent will have the right to challenge their convictions under the law, notwithstanding any other procedural or technical provisions of law that would have prevented them from doing so.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S02079 Detail]

Download: New_York-2019-S02079-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2079
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 22, 2019
                                       ___________
        Introduced  by Sen. BENJAMIN -- 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  establishing
          the actual innocence justice act of 2019
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title.  This act shall be known as the "actual  inno-
     2  cence justice act of 2019".
     3    §  2.  Subparagraph  (ii) of paragraph (i) of subdivision 1 of section
     4  440.10 of the criminal procedure law, as amended by chapter 368  of  the
     5  laws  of  2015,  is  amended and a new paragraph (j) is added to read as
     6  follows:
     7    (ii) official documentation of the defendant's status as a  victim  of
     8  trafficking,  compelling  prostitution  or trafficking in persons at the
     9  time of the offense from a federal, state  or  local  government  agency
    10  shall  create  a  presumption  that the defendant's participation in the
    11  offense was a result of having been a victim of sex trafficking, compel-
    12  ling prostitution or trafficking in persons, but shall not  be  required
    13  for granting a motion under this paragraph[.]; or
    14    (j) The defendant is actually innocent of the crime or crimes of which
    15  he  or she was convicted. For purposes of this paragraph, a defendant is
    16  actually innocent where  it  is  established  by  clear  and  convincing
    17  evidence  that no trier of fact would have convicted the defendant under
    18  a reasonable doubt standard and in light of all available evidence.
    19    § 3. Subdivision 4 of section 440.10 of the criminal procedure law, as
    20  amended by chapter 332 of the laws  of  2010,  is  amended  to  read  as
    21  follows:
    22    4.  If  the  court  grants  the motion, it must, except as provided in
    23  subdivision five or six of this section, vacate the judgment,  and  must
    24  dismiss  the  accusatory  instrument, or order a new trial, or take such
    25  other action as is appropriate in the circumstances.   If the  defendant
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06071-01-9
        S. 2079                             2
     1  has established by clear and convincing evidence that he or she is actu-
     2  ally innocent, in that no trier of fact would have convicted the defend-
     3  ant  of the offense or offenses under a reasonable doubt standard and in
     4  light  of all available evidence, the court shall dismiss the accusatory
     5  instrument.
     6    § 4. Section 440.10 of the criminal procedure law is amended by adding
     7  a new subdivision 9 to read as follows:
     8    9. Notwithstanding any other provision of this section, the court must
     9  address the merits of any claim for relief when the claimant  can  show,
    10  in light of all available evidence, that there exists a reasonable prob-
    11  ability that he or she is actually innocent.
    12    § 5. This act shall take effect immediately.