Bill Text: NY A01510 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes a defendant's right to a hearing to present exculpatory evidence regarding involvement in criminal activity.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-05 - enacting clause stricken [A01510 Detail]

Download: New_York-2021-A01510-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1510

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by  M. of A. PERRY, EPSTEIN -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to  the  defend-
          ant'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  Assem-
        bly, do enact as follows:

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 210.17 to read as follows:
     3  § 210.17 Hearing to present exculpatory evidence  regarding  involvement
     4             in criminal activity.
     5    1.  Upon  the  defendant's arraignment before a superior court upon an
     6  indictment, the court shall immediately inform him or her, or cause  him
     7  or  her  to  be  informed  in its presence, of the right to a hearing to
     8  present exculpatory evidence, including witness testimony if the follow-
     9  ing circumstances exist:
    10    a. the defendant was arrested as a result of a police sweep or raid of
    11  a premises during which a collective group of  suspects  were  arrested;
    12  and
    13    b. the collective group of arrested suspects, including the defendant,
    14  have been charged with the same crime.
    15    2. During such hearing, the prosecutor must proffer legally sufficient
    16  evidence  of the defendant's involvement, whether direct or indirect, in
    17  the offense or offenses with which the defendant is charged.
    18    3. During such hearing, a defendant may offer proof that he or she was
    19  not involved in any criminal activity, but was in the wrong place at the
    20  wrong time, and that the defendant had no involvement in the offense  or
    21  offenses with which he or she is charged.
    22    § 2. This act shall take effect on the first of November next succeed-
    23  ing 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.
                                                                   LBD05331-01-1