Bill Text: NY A04495 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires the state to indemnify or reimburse a criminal defendant for loss of time, legal fees and other expenses involved in a defense if the defendant's actions are found, upon legal investigation or court action to determine facts, to be justified.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A04495 Detail]

Download: New_York-2011-A04495-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4495
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by M. of A. RAIA, CALHOUN, McKEVITT -- Multi-Sponsored by --
         M. of A. CONTE, KOLB, J. MILLER --  read  once  and  referred  to  the
         Committee on Codes
       AN  ACT to amend the penal law, in relation to reimbursement following a
         successful defense of justification
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  35.00  of  the  penal  law is amended to read as
    2  follows:
    3  S 35.00  Justification; a defense.
    4    In any prosecution  for  an  offense,  justification,  as  defined  in
    5  sections  35.05  through  35.30  OF  THIS  ARTICLE, is a defense. WHEN A
    6  SUBSTANTIAL QUESTION OF JUSTIFICATION  SHALL  EXIST  WHICH  NEEDS  LEGAL
    7  INVESTIGATION  OR  COURT  ACTION FOR THE FULL DETERMINATION OF THE FACTS
    8  AND THE DEFENDANT'S ACTIONS ARE SUBSEQUENTLY FOUND JUSTIFIED  UNDER  THE
    9  INTENT  OF  THIS  ARTICLE,  THE  STATE SHALL INDEMNIFY OR REIMBURSE SUCH
   10  DEFENDANT FOR ALL LOSS OF TIME, LEGAL FEES, OR OTHER  EXPENSES  INVOLVED
   11  IN HIS OR HER DEFENSE.
   12    S  2.    This  act  shall  take  effect  on the first of November next
   13  succeeding 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.
                                                                  LBD06623-01-1
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