Applicability of chapter to actions and matter occurring before and after effective date
§ 1.10 Applicability of chapter to actions and matter occurring before
and after effective date.
1. The provisions of this chapter apply exclusively to:
(a) All criminal actions and proceedings commenced upon or after the effective date thereof and all appeals and other post-judgment proceedings relating or attaching thereto; and
(b) All matters of criminal procedure prescribed in this chapter which do not constitute a part of any particular action or case, occurring upon or after such effective date.
2. The provisions of this chapter apply to (a) all criminal actions and proceedings commenced prior to the effective date thereof but still pending on such date, and (b) all appeals and other post-judgment proceedings commenced upon or after such effective date which relate or attach to criminal actions and proceedings commenced or concluded prior to such effective date; provided that, if application of such provisions in any particular case would not be feasible or would work injustice, the provisions of the code of criminal procedure apply thereto.
3. The provisions of this chapter do not impair or render ineffectual any proceedings or procedural matters which occurred prior to the effective date thereof.
The CPL applies exclusively to:
1. all criminal actions/proceedings commenced on or after its effective date, plus their appeals and post-judgment proceedings; and matters of criminal procedure not tied to a particular case that occur on or after that date.
2. It also applies to cases already pending on the effective date, and to appeals/post-judgment proceedings started on or after that date even for cases begun earlier — but if applying the CPL "would not be feasible or would work injustice," the old Code of Criminal Procedure applies instead. ★
3. It does not undo procedural matters that already happened before the effective date.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.