New York S 6319: Relates to motions to vacate judgment; repealer

Bill Text

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S06319 Summary:

BILL NOS06319B

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SAME ASSAME AS A07422-C

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SPONSORMYRIE

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COSPNSRBAILEY, CLEARE, COMRIE, FAHY, FERNANDEZ, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL, JACKSON, MAY, RAMOS,
 RIVERA, SALAZAR, SEPULVEDA, SERRANO

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MLTSPNSR

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Rpld §450.15, §460.10 sub 4, amd CP L, generally; amd §722, County L; amd §216, Judy L

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Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.

Go to top S06319 Actions:

BILL NOS06319B

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03/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

02/24/2026AMEND (T) AND RECOMMIT TO CODES

02/24/2026PRINT NUMBER 6319A

03/30/2026AMEND AND RECOMMIT TO CODES

03/30/2026PRINT NUMBER 6319B

05/18/2026REPORTED AND COMMITTED TO FINANCE

06/03/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/03/2026ORDERED TO THIRD READING CAL.1620

06/03/2026PASSED SENATE

06/03/2026DELIVERED TO ASSEMBLY

Go to topS06319 Committee&nbspVotes:

Go to topS06319 Floor&nbspVotes:

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

Go to topS06319 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6319--B

 2025-2026 Regular Sessions

 IN SENATE

 March 10, 2025
 ___________

 Introduced by Sens. MYRIE, CLEARE, COMRIE, FAHY, FERNANDEZ, GONZALEZ,
 HARCKHAM, JACKSON, MAY, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Codes -- recommitted to the Committee on Codes in
 accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 AN ACT to amend the criminal procedure law and the judiciary law, in
 relation to motions to vacate judgment; to amend the criminal proce-
 dure law, in relation to making conforming changes; to amend the coun-
 ty law, in relation to assigning counsel in connection with an appeal;
 and to repeal certain provisions of the criminal procedure law relat-
 ing 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 convicted
 5 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, the court in which it
 8 was entered may, upon motion of the applicant, vacate such conviction:
 9 (a) upon the ground that the applicant was convicted of an offense
 10 which has been subsequently decriminalized, unless the legislature has
 11 expressly provided that decriminalization shall apply prospectively only
 12 and shall not apply to offenses committed before the effective date of
 13 such law; or
 14 (b) the offense for which the applicant was convicted was subsequently
 15 reduced to a lesser degree offense by the legislature and such reduction

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00248-11-6

 S. 6319--B 2

 1 has been made retroactive by the legislature or by controlling judicial
 2 authority; or
 3 (c) the undisputed act or acts for which the applicant was convicted
 4 have been subsequently determined by controlling judicial authority to
 5 have been legally insufficient, as of the date of the commission of the
 6 crime, to have satisfied the elements of the crime for which the appli-
 7 cant was convicted, but were legally sufficient to support conviction
 8 for a lesser degree offense on the date of such commission.
 9 2. Upon granting relief pursuant to paragraph (a) of subdivision one
 10 of this section, the court shall vacate the judgment of conviction,
 11 dismiss the accusatory instrument and may take such additional action as
 12 is appropriate in the circumstances. Upon grantin