New York S 7502: Establishes conviction integrity units

Bill Text

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S07502 Summary:

BILL NOS07502 

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SAME ASSAME AS A07776

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SPONSORCLEARE

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COSPNSR

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MLTSPNSR

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Add Art 15 §§15.10 - 15.20, CP L

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Establishes conviction integrity units; describes conviction integrity units; creates definitions; provides that a prosecution agency may create a conviction integrity unit to review convictions; provides that a conviction integrity unit may make recommendations for changes in convictions and sentences obtained by the prosecution agency; grants the prosecution agency discretion regarding the conviction integrity unit's recommendations; requires notice to the victim if a petition is filed by the prosecution agency; gives the superior court the discretion to provide relief.

Go to top S07502 Actions:

BILL NOS07502 

&nbsp

04/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07502 Committee&nbspVotes:

Go to topS07502 Floor&nbspVotes:

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

Go to topS07502 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7502

 2025-2026 Regular Sessions

 IN SENATE

 April 21, 2025
 ___________

 Introduced by Sen. CLEARE -- 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 establishing
 conviction integrity units

 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 a new arti-
 2 cle 15 to read as follows:
 3 ARTICLE 15
 4 CONVICTION INTEGRITY UNITS
 5 Section 15.10 Short title.
 6 15.15 Definitions.
 7 15.20 Conviction integrity unit.
 8 § 15.10 Short title.
 9 This act shall be known and may be cited as the "conviction integrity
 10 units act."
 11 § 15.15 Definitions.
 12 The following terms shall have the following meanings:
 13 1. "Bona fide and compelling evidence" means that the evidence
 14 presented by the petitioning prosecutor establishes by a preponderance
 15 of the evidence that:
 16 (a) the convicted person is significantly likely to be factually inno-
 17 cent;
 18 (b) newly discovered material evidence, if presented at or before the
 19 time of trial, judgment of conviction, or sentencing, would have
 20 resulted in a significant probability that the result would have been
 21 different; or
 22 (c) there exists information discovered or received by the petitioning
 23 prosecution agency after a judgment of conviction and sentencing that:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06218-01-5

 S. 7502 2

 1 (i) if disclosed to the convicted person prior to trial, judgment of
 2 conviction, or sentencing, would have resulted in a significant proba-
 3 bility that the result would have been different; or
 4 (ii) significantly calls into question the legitimacy of the jury
 5 verdict, judgment of conviction, or sentence.
 6 2. "Convicted person" means the person whose conviction or sentence is
 7 under review.
 8 3. "Conviction integrity unit" means a program established by a prose-
 9 cution agency to conduct extrajudicial, fact-based reviews of criminal
 10 convictions and sentences.
 11 4. "Establishing office" means the prosecution agency establishing a
 12 conviction integrity unit.
 13 5. "Legitimacy" means consistent with the United States and New York
 14 constitutions, federal and state law, and all rules and principles of a
 15 fair and just legal system.
 16 6. "Petitioning prosecutor" means the prosecutor who files a civil
 17 petition seeking relief under this part.
 18 7. "Prosecution agency" means a county attorney, district attorney,
 19 the office of the attorney general, or other prosecution agency as part
 20 of a superior or local criminal court pursuant to article ten of this
 21 chapter.
 22 8. "Significant" or "significantly likely," for purposes of this part,
 23 means to a large degree or of a noticeably or measurably large amount.
 24 § 15.20 Conviction integrity unit.
 25 1. A prosecution agency may establish a conviction integrity unit to
 26 investigate:
 27 (a) plausible allegations of factual innocence;
 28 (b) newly discovered material evidence; or
 29 (c) informa