BILL NUMBER: S7502
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to establishing
conviction integrity units
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to permit statewide prosecution agencies the
opportunity to establish conviction integrity units to conduct extraju-
dicial, fact-based reviews of criminal convictions and sentences.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would permit a prosecution agency to establish a
conviction integrity unit that may investigate plausible allegations of
factual innocence; newly discovered material evidence; or information
discovered or received by the prosecution agency after trial, judgment
of conviction, or sentencing that: if disclosed to the convicted person
prior to trial, judgment of conviction, or sentencing, would have
resulted in a significant probability that the result would have been
different; or significantly calls into question the legitimacy of the
jury verdict, judgment of conviction, or sentence.
Section 2 is the effective date.
 
JUSTIFICATION:
There are instances where evidence that may not have been made available
to a prosecuting agency and/or a criminal defendant prior to trial, may
have had a direct effect on the outcome of the trial verdict, conviction
and sentencing. The undertaking of a defendant's appeal of, a conviction
and sentence may be costly and a very lengthy process. By establishing a
conviction integrity unit, a prosecution, agency, sua sponte, or by
defendant's application, may review and investigate plausible allega-
tions of factual innocence, newly discovered material evidence or infor-
mation discovered or received by the prosecution agency that would have
resulted in a significant probability that the result would have been
different.
This legislation grants the prosecution agencies and defendants a timely
measure to undo a wrongful conviction and release an innocent individual
from prison without lengthy appeals and litigation.
 
PRIOR LEGISLATIVE HISTORY:
2019-2020: A10622
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.