What's happening
This bill allows defendants arrested in group police raids to request a hearing to present evidence showing they were not involved in the crime.
Why it matters
Could reduce wrongful prosecutions. By allowing defendants to present exculpatory evidence soon after group arrests, the bill aims to prevent people from being prosecuted simply because they were present during a police raid, rather than actually involved in the crime.
Shifts burden to prosecutors. The legislation requires prosecutors to present legally sufficient evidence of each individual’s involvement, rather than relying solely on their presence at the scene, promoting more individualized justice.
Highlights due process in mass-arrest scenarios. The bill addresses a common issue in group arrests—where people are often charged collectively—by providing a formal process to separate innocent bystanders from actual suspects early in the legal proceedings.
May impact law enforcement practices. Knowing that mass arrests will be subject to immediate scrutiny could encourage police to be more selective and precise about whom they arrest in group operations.
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Who cares
Headline styles
Defendants Can Prove Innocence
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2253
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. PERRY -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the defendant's right to a hearing to present exculpatory evidence regarding involvement in criminal activity
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 210.17 to read as follows: § 210.17 Hearing to present exculpatory evidence regarding involvement
in criminal activity.
1. Upon the defendant's arraignment before a superior court upon an indictment, the court shall immediately inform him or her, or cause him or her to be informed in its presence, of the right to a hearing to present exculpatory evidence, including witness testimony if the following circumstances exist:
a. the defendant was arrested as a result of a police sweep or raid of a premises during which a collective group of suspects were arrested; and
b. the collective group of arrested suspects, including the defendant, have been charged with the same crime.
2. During such hearing, the prosecutor must proffer legally sufficient evidence of the defendant's involvement, whether direct or indirect, in the offense or offenses with which the defendant is charged.
3. During such hearing, a defendant may offer proof that he or she was not involved in any criminal activity, but was in the wrong place at the wrong time, and that the defendant had no involvement in the offense or offenses with which he or she is charged.
§ 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.
LBD07196-01-9
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.