New York S 6260: Relates to motions to vacate judgment; repealer

Bill Text

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S06260 Summary:

BILL NOS06260 

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SAME ASNo Same As

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SPONSORMYRIE

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COSPNSRBAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES,
 HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, PARKER, RAMOS,
 RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, WEBB

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MLTSPNSR

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Add §§440.00 & 440.11, amd §§440.10, 440.20, 440.30 & 450.10, rpld §450.10 sub 5, CP L

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Relates to motions to vacate judgment; authorizes filing motions to vacate judgment due to a change in law; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; relates to the requirements of discovery.

Go to top S06260 Actions:

BILL NOS06260 

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03/07/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06260 Committee&nbspVotes:

Go to topS06260 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06260 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6260

 2025-2026 Regular Sessions

 IN SENATE

 March 7, 2025
 ___________

 Introduced by Sens. MYRIE, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
 COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY,
 HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, PARKER,
 RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY, WEBB --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to motions to
 vacate judgment; and to repeal certain provisions of such law relating
 thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding two new
 2 sections 440.00 and 440.11 to read as follows:
 3 § 440.00 Definition.
 4 As used in this article, the term "applicant" means a person previous-
 5 ly convicted of a crime who is applying for relief under this article.
 6 § 440.11 Motion to vacate judgment; change in the law.
 7 1. At any time after the entry of a judgment obtained at trial or by
 8 plea, the court in which it was entered may, upon motion of the appli-
 9 cant, vacate such judgment upon the ground that:
 10 (a) The applicant was convicted of any offense in the state of New
 11 York which has been subsequently decriminalized and is thus a legal
 12 nullity.
 13 (b) There has been a change, whether substantive or procedural, in the
 14 law or laws applied in the process leading to the applicant's conviction
 15 where sufficient reason exists to allow retroactive application of the
 16 changed legal standard.
 17 2. If the court grants a motion under this section, it must vacate the
 18 judgment on the merits, dismiss the accusatory instrument, seal the
 19 judgment, and may take such additional action as is appropriate in the
 20 circumstances.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00248-02-5

 S. 6260 2

 1 § 2. Section 440.10 of the criminal procedure law, paragraph (g-1) of
 2 subdivision 1 as added by chapter 19 of the laws of 2012, paragraph (h)
 3 of subdivision 1, paragraph (a) of subdivision 3 and subdivision 4 as
 4 amended and subdivisions 7 and 8 as renumbered by chapter 332 of the
 5 laws of 2010, paragraph (i) of subdivision 1 and subdivision 6 as
 6 amended by chapter 629 of the laws of 2021, paragraph (j) of subdivision
 7 1 as amended by chapter 131 of the laws of 2019, paragraph (k) of subdi-
 8 vision 1 as amended by chapter 92 of the laws of 2021, paragraphs (b)
 9 and (c) of subdivision 2 as amended by chapter 501 of the laws of 2021,
 10 and subdivision 9 as added by section 4 of part OO of chapter 55 of the
 11 laws of 2019, is amended to read as follows:
 12 § 440.10 Motion to vacate judgment.
 13 1. At any time after the entry of a judgment obtained at trial or by
 14 plea, the court in which it was entered may, upon motion of the [defend-
 15 ant] applicant, vacate such judgment upon the ground that:
 16 (a) The court did not have jurisdiction of the action or of the person
 17 of the [defendant] applicant; or
 18 (b) The judgment was procured by