Governor Hochul signs new criminal legal system laws

New York Governor Kathy Hochul has signed several bills relevant to the New York State criminal justice system. The new laws include:

• L. 2021, ch 501: Amends CPL 440.10 to “[p]ermit[] the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would otherwise be required to deny the motion.” [Effective 10/25/2021.]
• L 2021, ch 474: Adds Family Court Act 162-a to prohibit the use of restraints on children under 21 in family courts except in limited circumstances. [Effective 10/8/2021.]

• L 2021, ch 486: “Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate ….” Previously anyone with a felony conviction was barred from serving as an executor/executrix of an estate; under the new law, a court will still have discretion to declare someone ineligible if the prior felony conviction relates to fraud or embezzlement. [Effective 10/22/2021.]
• L 2021, ch 487: The bill allows individuals under supervision to work night and overtime shifts without being violated for breaking curfew. [Effective 10/22/2021.]
• L 2021, ch 491: “Relates to certificates of relief from disabilities and certificates of good conduct upon discharge.” Individuals can now apply for a certificate at the time of supervisory discharge, instead of having to wait for three years. [Effective 1/20/2022.]
• L 2021, ch 492: “Relates to work related labor protests not being considered a parole violation.” Previously there were no protections for people on supervision to participate in work-related labor protests or lawful labor disputes, strikes, or work stoppages or slowdowns; this bill specifically allows them to do so without being violated. [Effective 10/25/2021.]
• L 2021, ch 494: “Relates to annual reporting on substance use disorder in incarcerated individuals; requires the office of addiction services and supports to monitor programs providing treatment to incarcerated individuals in correctional facilities and provide an annual report.” [Effective 10/23/2021.]