What's happening
This bill allows people convicted of crimes in New York to seek relief if they can prove actual innocence with clear and convincing evidence.
Why it matters
Creates a formal process for people who claim actual innocence to challenge their convictions, even if other legal avenues have failed. , which could especially impact those who were convicted before new evidence (like DNA) became available.
Requires courts to dismiss charges outright (not just order a new trial) if a defendant can prove actual innocence by clear and convincing evidence. , offering a clear path to complete exoneration for the wrongfully convicted.
Forces courts to consider actual innocence claims on their merits, rather than dismissing them for procedural reasons. , meaning more people with credible innocence claims will have their evidence heard in court.
Raises the standard for relief by requiring "clear and convincing" evidence,. which is a higher bar than mere doubt, potentially preventing frivolous claims but also requiring substantial proof for relief.
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Who cares
Headline styles
Free Innocent Prisoners
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clear Innocence Frees Prisoners
In Senate Committee · Codes · Sponsor José Peralta
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4689
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
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 of 2017
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known as the "actual innocence justice act of 2017".
§ 2. Subparagraph (ii) of paragraph (i) of subdivision 1 of section 440.10 of the criminal procedure law, as amended by chapter 368 of the laws of 2015, is amended and a new paragraph (j) is added to read as follows:
(ii) official documentation of the defendant's status as a victim of trafficking, compelling prostitution or trafficking in persons at the time of the offense from a federal, state or local government agency shall create a presumption that the defendant's participation in the offense was a result of having been a victim of sex trafficking, compelling prostitution or trafficking in persons, but shall not be required for granting a motion under this paragraph[.]; or
(j) The defendant is actually innocent of the crime or crimes of which he or she was convicted. For purposes of this paragraph, a defendant is actually innocent where it is established by clear and convincing evidence that no trier of fact would have convicted the defendant under a reasonable doubt standard and in light of all available evidence.
§ 3. Subdivision 4 of section 440.10 of the criminal procedure law, as amended by chapter 332 of the laws of 2010, is amended to read as follows:
4. If the court grants the motion, it must, except as provided in subdivision five or six of this section, vacate the judgment, and must dismiss the accusatory instrument, or order a new trial, or take such other action as is appropriate in the circumstances. If the defendant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00070-01-7
A. 4689 2
has established by clear and convincing evidence that he or she is actually innocent, in that no trier of fact would have convicted the defendant of the offense or offenses under a reasonable doubt standard and in light of all available evidence, the court shall dismiss the accusatory instrument.
§ 4. Section 440.10 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows:
9. Notwithstanding any other provision of this section, the court must address the merits of any claim for relief when the claimant can show, in light of all available evidence, that there exists a reasonable probability that he or she is actually innocent.
§ 5. This act shall take effect immediately.
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.