STATE OF NEW YORK
________________________________________________________________________
1510
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. PERRY, EPSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the defend-
ant's right to a hearing to present exculpatory evidence regarding
involvement in criminal activity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 210.17 to read as follows:
3 § 210.17 Hearing to present exculpatory evidence regarding involvement
4 in criminal activity.
5 1. Upon the defendant's arraignment before a superior court upon an
6 indictment, the court shall immediately inform him or her, or cause him
7 or her to be informed in its presence, of the right to a hearing to
8 present exculpatory evidence, including witness testimony if the follow-
9 ing circumstances exist:
10 a. the defendant was arrested as a result of a police sweep or raid of
11 a premises during which a collective group of suspects were arrested;
12 and
13 b. the collective group of arrested suspects, including the defendant,
14 have been charged with the same crime.
15 2. During such hearing, the prosecutor must proffer legally sufficient
16 evidence of the defendant's involvement, whether direct or indirect, in
17 the offense or offenses with which the defendant is charged.
18 3. During such hearing, a defendant may offer proof that he or she was
19 not involved in any criminal activity, but was in the wrong place at the
20 wrong time, and that the defendant had no involvement in the offense or
21 offenses with which he or she is charged.
22 § 2. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05331-01-1
