Assembly Democrats might move legislation this week making it much easier for people to challenge criminal convictions even after they pleaded guilty.
The controversial “Challenging Wrongful Convictions Act” would change state law that only allows people who plead guilty to overturn their convictions if DNA evidence emerges.
This could include situations where other types of forensic evidence emerge or proof that someone entered a guilty plea under certain kinds of pressure – such as the threat of deportation for non-citizens – or was a victim of other crimes like sex trafficking, according to the bill language.
Multiple Assembly Democrats told The Post on Tuesday they expected the bill to come to a floor vote.
Passage of the bill would punctuate the end of the legislative session with a progressive touch on the criminal justice system just weeks after moderates secured a rollback to bail reform after a bitter budget fight.
“How many times are Democrats going to tip the scales of justice in favor of convicted criminals? Victims and law enforcement continue to be an afterthought in Albany,” Assembly Minority Leader William Barclay (R-Fulton) railed on Tuesday.
A final version of the bill did not get through the Assembly earlier this month, but it is getting another chance thanks to Speaker Carl Heastie (D-Bronx), who is reconvening his chamber on Tuesday and Wednesday to finish it work for the year.
Republicans are eager to channel outrage against progressive reforms into political advantage ahead of the 2024 elections.
“Everyone can agree that wrongful convictions should be prevented, but processes and protocols already exist for that,” said Barclay. “District Attorneys have rightfully expressed their concerns on this proposal, and Assembly Democrats would be wise to heed their advice.”
A Hochul spokeswoman said the governor would review the proposal if it passes the Assembly this week.
Albany Democrats have already approved “Clean Slate” legislation to automatically seal criminal records for people who serve their time in prison and on parole though it remains unclear whether Gov. Kathy Hochul will sign the bill into law.
Supporters cite the fact that the overwhelming majority of criminal cases are resolved through plea deals rather than criminal trials as evidence that many innocent people are saying they are guilty out of fear of harsher punishments if they do not take a deal.
“The Act improves the existing framework in New York State that allows those who pleaded guilty to file a claim of actual innocence only if DNA evidence emerges – a framework that few cases can meet, even as huge numbers of people plead guilty when they did not commit the crime,” The Legal Aid Society said in a recent press release.
A Heastie spokesman did not respond to a request for comment Tuesday about whether the bill would get a floor vote this week.
Convictions could also get tossed if the underlying crime no longer exists, like with certain types of drug crimes.
The proposal would also create a right to post-conviction criminal discovery of evidence as well as mandate that convicts get court-appointed attorneys.
“This bill also brings New York law in line with five other states and the District of Columbia that have mechanisms for people to clear old convictions for crimes that have subsequently been decriminalized,” The Legal Aid Society added.
But Republican legislators say the legislation goes too far in tilting the legal scales in favor of convicted people.
“A post-conviction review process already exists and defendants are already protected from wrongful convictions. This bill is completely unnecessary and it would open up the floodgates to endless applications,” Assemblyman Michael Tannousis (R-Staten Island) said Tuesday.
There would be no finality to convictions in New York State. It would place an impossible burden on the criminal justice system and would significantly overburden our District Attorney’s Offices,”