Bill Text: NY A06499 | 2015-2016 | 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 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A06499 Detail]

Download: New_York-2015-A06499-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6499
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2015
                                      ___________
       Introduced  by M. of A. PERRY -- 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  S 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    S 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.
                                                                  LBD03289-01-5