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Criminal Justice Operations

Actual Innocence Claims

Report by the Criminal Justice Operations and Criminal Courts Committees in support of amending the Criminal Procedure Law §440 to provide for Actual Innocence Claims, February 2012.

  • 44th Street Blog: "Criminal Justice — by Samuel W. Seymour" - March 19, 2012

Child Internet Luring Laws

A.2483 (AM Colton) / S.1096 (Sen. Parker) - Creates the crime of luring or enticing a child on the internet.

  • Report in support of legislation, with proposed amendments by the Criminal Justice Operations Committee, July 2011

Domestic Violence Victims, Sentencing of

A.4314-C (AM Aubry) / S.3337-C (Sen. Hassell-Thompson) - 'Domestic Violence Survivors Justice Act', which would give greater discretion to judges when sentencing defendants who are survivors of domestic violence.

  • Report in support of legislation by the Domestic Violence Committee and Criminal Justice Operations Committee, Reissued May 2014

Ineffective Assistance of Counsel

A.2442 (AM Lavine) / S.42 (Sen. Peralta) - Permits the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel.

  • Report in support of legislation by the Committee on Criminal Justice Operations, Reissued April 2013
  • Supplemental report in support of legislation by the Committee on Criminal Justice Operations, Reissued April 2013
  • Letter to bill sponsors expressing the City Bar's support for legislation, April 21, 2011

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Report by the Criminal Justice Operations and Criminal Courts Committees on the codification of claims of ineffective assistance of counsel on appeal, February 2012.

  • 44th Street Blog: "Criminal Justice — by Samuel W. Seymour" - March 19, 2012

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S.4472 (Sen. Nozzolio) - amend the criminal procedure law, in relation to providing a statutory basis to vacate a judgment of conviction on the ground of ineffective assistance of appellate counsel.

  • Report in support of legislation with suggested modifications by the Committee on Criminal Courts and the Committee on Criminal Justice Operations, May 2011.

Identity Theft

A.5440 (AM Lentol) / S.885 (Sen. Krueger) - Expands geographical jurisdiction for crimes attendant to identity theft or unlawful possession of personal information.

  • Report by the Committee on Criminal Justice Operations recommending legislation, March 2009
  • Report in support of legislation by the Committee on Criminal Justice Operations, Reissued February 2011
  • Enacted under Subsection 3 of Subpart C of Part C of A.8518/S.5856, Chapter No. 97 - June 24, 2011
  • Legislative Affairs Blog: "New York Expands the Geographical Jurisdiction for Offenses of Identity Theft" - September 2, 2011

Microstamping Ammunition

A.3244 (AM Schimel) / S.68 (Sen. Peralta) - 'Crime Gun Identification Act of 2013'; Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition.

  • Report in support of legislation by the Committee on Criminal Justice Operations, Reissued April 2013

Post-Conviction Motions

Proposed amendment by the Committee on Criminal Justice Operations to County Law § 722 authorizing compensation to assigned counsel for investigating and filing appropriate post-conviction motions under Criminal Procedure Law Article 440, January 2011.


Prosecutorial Disclosure

Report from the Criminal Courts Committee and the Criminal Justice Operations Committee recommending the adoption of a law or court rule requiring prosecutors to provide a written checklist to defense counsel that details information disclosed pursuant to Brady v. Maryland, July 2011.


Recording Interrogations

A.4721 (AM Lentol) / S.1267 (Sen. Perkins) - Would amend the criminal procedure law to require the creation of an electronic record of an entire custodial interrogation.

  • Report in support of legislation by the Committee on Criminal Justice Operations, Reissued February 2013

  • Press Release: "Statement of City Bar President Carey R. Dunne on Police Commissioner Raymond Kelly’s Expansion of the Videotaping of Interrogations" - September 21, 2012
  • 44th Street Blog: "Criminal Justice — by Samuel W. Seymour" - March 19, 2012

Sealing of Criminal Records

A.7624 (AM O'Donnell) / S.4841 (Sen. Saland) - Relates to sealing court records involving cases dismissed at arraignment or earlier.

  • Report in support of legislation by the Committee on Criminal Justice Operations, May 2011
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Report by the Committee on Criminal Justice Operations proposing legislation which would allow for the sealing of records containing certain arrest, petty offense, and youthful offender information, February 2011.


Sex Offenders

A.4591-A (AM O'Donnell) / S.3138-A (Sen. Krueger) - would require the Board of Examiners of Sex Offenders to consult a “validated risk instrument” when making its recommendation to courts regarding the appropriate risk level of a sex offender.

  • Report in support of legislation by the Criminal Courts, Criminal Justice Operations and Correction and Community Reentry Committees, Reissued June 2014.

Wrongful Convictions

Combating wrongful convictions in New York

 


 

Youthful Offender Status

A.1794 (AM O'Donnell) / S.6524 (Sen. Montgomery) - Increases the age of a person deemed a youth for youthful offender status.

  • Report in support by the Committee on Criminal Justice Operations, Reissued February 2014.

 

 
For a full list of committee reports, click here.