What's happening
This bill requires the state to reimburse legal costs for defendants found justified in their actions under justification defenses.
Why it matters
Reduces financial risk for justified defendants. If someone is prosecuted but successfully proves their actions were justified (for example, in self-defense), the state would cover their legal fees and expenses, removing a significant financial burden from those found to have acted lawfully.
May encourage robust legal defenses. Knowing that legal costs could be reimbursed if justification is proven, defendants might be more willing to fully pursue a justification defense rather than accept plea deals or inadequate representation due to cost concerns.
Could impact prosecutorial decision-making. The potential for state reimbursement may make prosecutors more cautious about bringing charges in cases where justification is plausible, as unsuccessful prosecutions could lead to state expenses.
Addresses fairness and access to justice. The bill aims to ensure that individuals who are ultimately found to have acted within the law are not left financially devastated by their defense, promoting a fairer legal process regardless of personal wealth.
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Who cares
Headline styles
Reimburse Justified Defendants' Costs
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3157
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. RAIA, McKEVITT, SALADINO, FINCH -- Multi-Sponsored by -- M. of A. BLANKENBUSH, HAWLEY, KOLB, McLAUGHLIN, OAKS -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 Assembly, do enact as follows:
Section 1. Section 35.00 of the penal law is amended to read as follows: § 35.00 Justification; a defense.
In any prosecution for an offense, justification, as defined in sections 35.05 through 35.30 of this article, is a defense. When a substantial question of justification shall exist which needs legal investigation or court action for the full determination of the facts and the defendant's actions are subsequently found justified under the intent of this article, the state shall indemnify or reimburse such defendant for all loss of time, legal fees, or other expenses involved in his or her defense.
§ 2. This act shall take effect on the first of November next 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.
LBD06825-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.