Requires the state to indemnify or reimburse a criminal defendant for loss of time, legal fees and other expenses involved in a defense if the defendant's actions are found, upon legal investigation or court action to determine facts, to be justified.
STATE OF NEW YORK
________________________________________________________________________
3842
2009-2010 Regular Sessions
IN ASSEMBLY
January 28, 2009
___________
Introduced by M. of A. RAIA, CALHOUN, McKEVITT, WALKER -- Multi-Spon-
sored by -- M. of A. CONTE, KOLB, MILLER -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to reimbursement following a
successful defense of justification
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 35.00 of the penal law is amended to read as
2 follows:
3 § 35.00 Justification; a defense.
4 In any prosecution for an offense, justification, as defined in
5 sections 35.05 through 35.30 of this article, is a defense. When a
6 substantial question of justification shall exist which needs legal
7 investigation or court action for the full determination of the facts
8 and the defendant's actions are subsequently found justified under the
9 intent of this article, the state shall indemnify or reimburse such
10 defendant for all loss of time, legal fees, or other expenses involved
11 in his or her defense.
12 § 2. This act shall take effect on the first of November next
13 succeeding 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.
LBD06607-01-9
