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NYSACDL Legislative Action
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NYSACDL At Work - Legislative Update, November 2019

NYSACDL continues to remain active during the Fall of 2019 both in responding to the concerns about reforms passed in the Spring and preparing for the 2020 Legislative Session.

At the September NYSACDL Board Meeting, NYSACDL's 2020 Legislative Priorities were passed as follows:

  1. Repeal/Amendment of Civil Rights Law 50-a
  2. New Deceptive Interrogation Statute 60.45
  3. Reformation of the Youthful Offender Statute
  4. Increase of 18(b) Panel Rates 

 

Recent activity related to the above and other issues includes:

Additionally, on September 3rd, NYSACDL and NACDL filed a joint amicus brief, joined in by several others, in the Supreme Court, Albany County, in support of the New York State Assembly’s defense of the Commission on Prosecutorial Conduct legislation.

 


Remaining Active During The End of the NYS 2019 Legislative Session

 

After the sweeping Discovery, Bail & Speedy Trial reform achieved in the New York State Budget, NYSACDL is continuing to advocate for members and clients through the end of the 2019 New York State Legislative Session. This activity includes, but is not limited to:

 

  • Continuing to support the Commission on Prosecutorial Conduct

 

NYSACDL Past-President Marvin Schechter participated in a press conference urging continued forward movement on the Commission on Prosecutorial Conduct.

 

  • Issuing a statement opposing the limitation of the Extreme Emotional Disturbance defense with other defender organizations.
  • Signing onto a joint memo of support for the Marijuana Regulation and Taxation Act with other defender organizations.
  • Submitting a memo of support for a bill that corrects an erroneous classification in the law so that when a person commits burglary in the second degree by entering an unoccupied dwelling, they will not be charged with a violent felony.
  • Sending a letter supporting a bill that amends New York County Law Section 722 to remedy a small but significant problem regarding the scope of appellate counsel’s authority by allowing counsel assigned to a criminal appeal to conduct post-trial motion practice as part of their appellate assignment. This bill has passed both the Senate and Assembly and is awaiting the Governor’s signature.

 

Discovery Reform 2019

Discovery Reform Passes in the New York State Budget!

On this historic day, NYSACDL President Lori Cohen released the following statement:

“Today, the Governor and the New York State Legislature passed landmark and historic criminal justice reform which will ensure that all New Yorkers will have a fair, balanced criminal justice system – one that will end the scourge of wrongful prosecutions and convictions and take a crucial step towards addressing the deep racial inequity present in the criminal justice system. Criminal Justice is not only about convicting the guilty but protecting the innocent and achieving true due process.

The New York State Association of Criminal Defense Lawyers applauds the NYS Assembly, Senate and Governor, their respective staffs, and specifically Assemblyman Joseph Lentol, Senator Jamaal Bailey, and Governor Andrew Cuomo, for their vision and dedication to criminal justice reform. These momentous reforms will end “trial by ambush” and provide for a more meaningful and functional process of justice in the State of New York.

New York State is now, and should always remain, the leader on these issues. NYSACDL will continue to work to insure that all those charged with a crime face a fair criminal justice system.”

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NYSACDL is part of a statewide coalition of advocates working toward meaningful discovery reform in New York State.

 

Discovery Reform Resources:

 

Repeal The Blindfold Coalition:

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