Int. No. 8
By Council Member Barron
Title
A Local Law to amend the New York city charter, in relation to social services for the wrongfully convicted
Body
Be it enacted by the Council as follows:
Section 1. Section 13 of the New York city charter, as amended by local law number 86 for the year 2015, is amended to read as follows:
? 13. Office of Criminal Justice. a. Definitions. For purposes of this section, the following terms have the following meanings:
Immediate family member. The term "immediate family member" means a spouse, domestic partner, biological or adoptive parent, step-parent, legal guardian, biological or adopted child, child of a domestic partner or step-child of a wrongfully convicted individual.
Wrongfully convicted individual. The term "wrongfully convicted individual" means an individual who has been convicted of one or more felonies or misdemeanors and has served any part of a sentence of criminal imprisonment, and (i) who has been pardoned upon the ground of innocence of the crime or crimes for which the individual was sentenced or (ii) the individual's judgment of conviction was reversed or vacated and the accusatory instrument dismissed or, if a new trial was ordered, either the individual was found not guilty at the new trial or the individual was not retried and the accusatory instrument dismissed. Such judgement of conviction must have been reversed or vacated and the accusatory instrument dismissed on one of the following grounds:
(1) Paragraph (b), (c), (e), (g) or (g-1) of subdivision 1 of section 440.10 of the criminal procedure law; or
(2) Subdivision 1 (where based upon one of the provisions of section 440.10 of the criminal procedure law as set forth in this definition), 2, 3 (where the count dismissed was the sole basis for imprisonment) or 5 of section 470.20 of the criminal procedure law.
b. There is established in the executive office of the mayor an office of criminal justice, to ...
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