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NY A09736
Bill
Status
1/20/2010
Primary Sponsor
William Boyland
Click for details
AI Summary
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Establishes the "Actual Innocence Justice Act of 2010" to amend Criminal Procedure Law Section 440.10 regarding post-conviction relief motions.
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Adds new grounds for relief allowing defendants to claim actual innocence where clear and convincing evidence demonstrates no reasonable trier of fact would convict under a reasonable doubt standard with all available evidence.
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Requires courts to dismiss the accusatory instrument when a defendant establishes actual innocence by clear and convincing evidence, rather than only vacating judgment or ordering a new trial.
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Mandates courts address the merits of actual innocence claims when a claimant demonstrates a reasonable probability of actual innocence in light of all available evidence, overriding other procedural or technical provisions.
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Takes effect immediately upon enactment.
Legislative Description
Establishes the actual innocence justice act of 2010; 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.
Last Action
reported referred to rules
6/21/2010