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.
Impact
The bill is poised to have a considerable effect on state laws related to criminal proceedings and the appeal processes for convicted individuals. By setting up these integrity units, the bill seeks to create an official mechanism that allows for the re-evaluation of possibly flawed convictions without infringing on the rights of victims. The introduction of these units may lead to the exoneration of individuals wrongfully imprisoned, subsequently reflecting a paradigm shift towards a more just legal framework in New York.
Summary
S07502, also known as the Conviction Integrity Units Act, aims to amend the criminal procedure law in New York by establishing conviction integrity units within prosecution agencies. These units will be responsible for conducting reviews of past convictions, particularly those where there is plausible evidence of factual innocence or newly discovered material evidence that could significantly impact the outcome of a case. The bill is primarily focused on enhancing the integrity of the criminal justice system by providing a structured method for addressing potential wrongful convictions.
Contention
Despite its potential benefits, S07502 has attracted discussions around issues of prosecutorial discretion and victim notification. Critics may express concern that giving prosecutors the power to establish and control these units could lead to inconsistencies in the review process, particularly if the prosecutors are evaluated based on their convictions. Moreover, the bill mandates that victims must be notified if a petition for review is filed, which raises questions about the potential emotional impact on victims as well as the balance between victims' rights and the pursuit of justice for wrongfully convicted individuals.
Same As
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.
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.
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.
Increases the penalty for multiple convictions of torturing, killing or failing to provide sustenance to an animal to a felony, if convicted within five years from the date of a prior conviction.
Increases the penalties for overtaking and passing a school bus; provides that for the first conviction a person shall be punished by a fine of not less than $350 nor more than $500; provides that for a second conviction a person shall be punished by a fine of not less than $500 nor more than $800; also provides that for a third conviction a person shall be punished by a fine of not less than $800 nor more than $1000.
Enacts "Bryan Johnson's law"; includes prior convictions of operation of a vessel while under the influence of alcohol or drugs as prior convictions of driving while intoxicated.
Enacts "Bryan Johnson's law"; includes prior convictions of operation of a vessel while under the influence of alcohol or drugs as prior convictions of driving while intoxicated.