Loading chat...

NY A11123

Bill

Status

Introduced

5/18/2010

Primary Sponsor

Charles Lavine

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Adds forensic DNA test results as grounds to vacate judgments based on guilty pleas if evidence was unavailable before the plea and creates probability the plea would not have been entered, with requirement to pursue motion with due diligence

  • Allows courts to vacate convictions or order new trials when newly discovered forensic DNA evidence creates reasonable possibility a verdict would have been more favorable, or to modify judgments by reducing conviction to lesser offense with defendant's consent

  • Permits defendants who pleaded guilty to seek DNA testing and vacate convictions, explicitly stating a guilty plea shall not bar the testing request or result in denial of the motion to vacate

  • Requires courts to consider newly developed DNA tests and technological advances when determining whether to grant DNA testing requests, and directs prosecutors and government agencies to provide information and assistance in locating physical evidence that may be subjected to DNA testing

  • Effective immediately upon enactment

Legislative Description

Permits the admission of new forensic DNA evidence to vacate a judgment in certain circumstances.

Last Action

reported referred to rules

6/21/2010

Committee Referrals

Rules6/21/2010
Codes5/18/2010

Full Bill Text

No bill text available