BILL NUMBER: S6260
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to motions to
vacate judgment; and to repeal certain provisions of such law relating
thereto
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds sections 440.00 and 440.11 to the Criminal Procedure Law
which defines the term, "applicant" and the necessary grounds for a
motion to vacate judgment.
Section 2 amends multiple subdivisions of section 440.10 of the Criminal
Procedure Law.
Section 3 amends multiple subdivisions of section 440.20 of the Criminal
Procedure Law.
Section 4 amends multiple subdivisions of section 440.30 of the Criminal
Procedure Law.
Section 5 adds a new subdivision 2-a to section 470.15 of the Criminal
Procedure Law which highlights the jurisdiction of the appellate court's
authority in the context of the decisions made by trial courts.
Section 6 amends multiple subdivisions of section 450.10 of the Criminal
Procedure Law. Section 7 repeals section 450.15 of the Criminal Proce-
dure Law.
Section 8 amends subdivision one of section 450.30 of the Criminal
Procedure Law which replaces "defendant" with "petitioner in the eyes of
the law.
Section 9 amends subdivision 4 of section 722 of the county law by
detailing the process for representation (assigning legal counsel) for
petitioners.
Section 10 amends section 216 of the judiciary law by adding subdivision
7 which requires the chief administrator of the courts to collect data
and create a yearly report on all applications and motions to vacate
judgment.
Section 11 creates a severability clause.
Section 12 provides the effective date.
 
JUSTIFICATION:
New York State is 3rd in the nation for the highest number of wrongful
convictions. New York also plea bargains 98% of felony cases. Yet, indi-
viduals who plead guilty in exchange for a lesser sentence are the least
likely to be exonerated due to enormous structural barriers. These
people are often under tremendous pressure to plead guilty when bail is
unaffordable, or the pre-trial process is prolonged for a substantial
period. Post-conviction review processes are necessary in both cases
that went to trial and those that ended in a plea deal. This bill amends
section 440 of the Criminal Procedure Law governing post-judgment
motions by removing procedural barriers and further ensuring meaningful
review is performed. In short, if there is evidence of a person's inno-
cence, courts will now have a legal mechanism to review the case and
vacate the conviction where appropriate.
In the 2018 case of People v. Tiger, the New York Court of Appeals ruled
that individuals who plead guilty cannot challenge their convictions
unless they have DNA evidence to support their innocence. This bill not
only requires courts to order hearings in cases with colorable claims of
innocence but also allows for the submission of various types of
evidence to support such claims. The convicted will also be entitled to
retain defense counsel for post-conviction relief, have the court
appoint pro-bono representation if the applicant cannot afford an attor-
ney, request re-testing of physical evidence, and access both the
defense and prosecution's discovery files. The bill further expands
protections for people exposed to significant collateral consequences
from their convictions.
Although the New York State legislature has taken some steps to reform
the pre-trial process, there are still numerous individuals who obtained
criminal records in years prior as a result of plainly unfair and coer-
cive tactics. This bill also brings New York law in line with five other
states and the District of Columbia that have mechanisms for people to
clear old convictions for crimes that have subsequently been decriminal-
ized.
Finally, throughout this bill, the term defendant is replaced with
applicant to humanize those seeking redress under the Criminal Procedure
Law of New York. For more details on the importance of using people-
first language refer to: http://prisonstudiesproject.org/language/.
New York State must act to right past wrongs and allow people wrongfully
or improperly convicted in previous decades to clear their names and
their records. This requires a fundamental overhaul of our state's post-
judgment process.
 
PRIOR LEGISLATIVE HISTORY:
S215 of 2023-24: Referred to Codes
S266A of 2021-22: Referred to Codes
S7255 of 2019-20: Referred to Codes
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law and shall apply to all motions that are not final as of the
effective date.

Statutes affected:
S6260: 440.20 criminal procedure law, 450.10 criminal procedure law, 450.10(5) criminal procedure law