Establishes the actual innocence justice act; clarifies that convicted persons who can demonstrate a reasonable probability that they are innocent will have the right to challenge their convictions under the law, notwithstanding any other procedural or technical provisions of law that would have prevented them from doing so.
STATE OF NEW YORK
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8790
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
___________
Introduced by M. of A. O'DONNELL, RICHARDSON -- read once and referred
to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to establishing
the actual innocence justice act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known as the "actual inno-
2 cence justice act".
3 § 2. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
4 procedure law, as added by chapter 132 of the laws of 2019, is amended
5 and a new paragraph (l) is added to read as follows:
6 (k) The judgment occurred prior to the effective date of this para-
7 graph and is a conviction for an offense as defined in subparagraph (i)
8 or (ii) of paragraph (k) of subdivision three of section 160.50 of this
9 part, in which case the court shall presume that a conviction by plea
10 for the aforementioned offenses was not knowing, voluntary and intelli-
11 gent if it has severe or ongoing consequences, including but not limited
12 to potential or actual immigration consequences, and shall presume that
13 a conviction by verdict for the aforementioned offenses constitutes
14 cruel and unusual punishment under section five of article one of the
15 state constitution, based on those consequences. The people may rebut
16 these presumptions[.]; or
17 (l) The defendant is actually innocent of the crime or crimes of which
18 he or she was convicted. For purposes of this paragraph, a defendant is
19 actually innocent where it is established by clear and convincing
20 evidence that no trier of fact would have convicted the defendant under
21 a reasonable doubt standard and in light of all available evidence.
22 § 3. Subdivision 4 of section 440.10 of the criminal procedure law, as
23 amended by chapter 332 of the laws of 2010, is amended to read as
24 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13966-01-9
A. 8790 2
1 4. If the court grants the motion, it must, except as provided in
2 subdivision five or six of this section, vacate the judgment, and must
3 dismiss the accusatory instrument, or order a new trial, or take such
4 other action as is appropriate in the circumstances. If the defendant
5 has established by clear and convincing evidence that he or she is actu-
6 ally innocent, in that no trier of fact would have convicted the defend-
7 ant of the offense or offenses under a reasonable doubt standard and in
8 light of all available evidence, the court shall dismiss the accusatory
9 instrument.
10 § 4. Section 440.10 of the criminal procedure law is amended by adding
11 a new subdivision 10 to read as follows:
12 10. Notwithstanding any other provision of this section, the court
13 must address the merits of any claim for relief when the claimant can
14 show, in light of all available evidence, that there exists a reasonable
15 probability that he or she is actually innocent.
16 § 5. This act shall take effect immediately.
