What's happening
This bill limits reversals of convictions for lack of prompt prosecution unless legal time limits are violated or the defendant is materially prejudiced by unreasonable delay.
Why it matters
Narrows the grounds for overturning convictions. By specifying that a conviction can't be reversed for lack of prompt prosecution unless statutory time limits are actually violated or the defendant is materially harmed by an unreasonable delay, this bill raises the bar for successful appeals based on delay.
Reduces potential for technical dismissals. Defendants can no longer seek reversal solely because a case wasn’t prosecuted "promptly" in a general sense; instead, the focus shifts to concrete statutory violations or proven harm, possibly decreasing the number of cases dismissed on procedural grounds.
Potentially speeds up resolution for victims and the justice system. By limiting reversals to clear-cut scenarios, the bill may help prevent cases from being tied up or retried due to procedural ambiguities, offering more finality and efficiency in criminal proceedings.
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Who cares
Criminal defendants
The bill would bar reversal of a conviction for failure of prompt prosecution when neither Criminal Procedure Law section 30.10 nor 30.30 was violated and no material prejudice from unreasonable delay is shown.
Defense attorneys
The bill would make a showing of material prejudice from unreasonable delay necessary to obtain reversal on prompt-prosecution grounds when neither cited section was violated.
District attorneys
The bill would protect convictions from reversal on prompt-prosecution grounds when neither cited section was violated and no material prejudice from unreasonable delay is shown.
Appellate courts
The bill would limit when they could reverse convictions for failure of prompt prosecution.
Headline styles
Limit Reversals for Delayed Trials
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1429
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to limiting reversals for failure of prompt prosecution under certain circumstances
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 30.20 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows:
3. A conviction shall not be reversed for failure of prompt prosecution where there is no violation of sections 30.10 and 30.30 of this article, and no showing of material prejudice to the defendant resulting from unreasonable delay.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03789-01-5
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.