BILL NUMBER: S6319
SPONSOR: MYRIE
 
TITLE OF BILL:
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
 
SUMMMARY OF SPECIFIC PROVISIONS:
Section 1 adds sections 440.00 to the Criminal Procedure Law, which
defines the term "applicant" as a person previously convicted of a crime
who is applying for relief under this article. Section 1 also adds
section 440.11 to the Criminal Procedure Law, which provides specific
grounds for vacating a judgment due to decriminalization of the appli-
cant's act that led to his or her conviction, or a change in a law
applied in the process leading to the applicant's conviction that calls
for retroactive application of the new legal standard. If a court grants
a motion under this section, it must vacate the judgment on the merits,
dismiss the accusatory instrument, seal the judgment, and take addi-
tional appropriate action as needed.
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 amends multiple subdivisions of section 450.10 of the Criminal
Procedure Law.
Section 6 repeals subdivision 5 of section 450.10 of the Criminal Proce-
dure Law.
Section 7 adds a new subdivision 7 in section 216 of the Judiciary Law,
which requires the chief administrator of the court to report annually
on the number of post-conviction applications and motions filed annually
in each county and appellate department in the state and to post the
aggregated data on the websites of the office of court administration
and the division of criminal justice services.
Section 8 creates a severability clause.
Section 9 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 admission 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 attorney, request
re-testing of physical evidence, and access both the defense and prose-
cution'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 in an effort to humanize those seeking redress under the Crim-
inal Procedure Law of New York.
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:
S9198 of 2023-24: Passed Senate.
S266A of 2021-22: Referred to Codes
S7255 of 2019-20: Referred to Codes
 
FISCAL IHRII-LICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

Statutes affected:
S6319: 440.20 criminal procedure law, 450.10 criminal procedure law, 450.10(5) criminal procedure law, 216 judiciary law