Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to judiciary |
Jun 06, 2011 |
reported referred to codes |
Apr 07, 2011 |
referred to judiciary |
Assembly Bill A7004
2011-2012 Legislative Session
Sponsored By
LANCMAN
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Peter Rivera
Inez Barron
Richard Gottfried
Thomas Abinanti
multi-Sponsors
Jeffrion Aubry
Vanessa Gibson
Hakeem Jeffries
2011-A7004 (ACTIVE) - Details
2011-A7004 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7004 2011-2012 Regular Sessions I N A S S E M B L Y April 7, 2011 ___________ Introduced by M. of A. LANCMAN -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the court of claims act, in relation to enactment of the coerced confession remediation act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "coerced confession remediation act". S 2. Subdivisions 4 and 5 of section 8-b of the court of claims act, as added by chapter 1009 of the laws of 1984, are amended to read as follows: 4. The claim shall state facts in sufficient detail to permit the court to find that claimant is likely to succeed at trial in proving that (a) he OR SHE did not commit any of the acts charged in the accusa- tory instrument or his OR HER acts or omissions charged in the accusato- ry instrument did not constitute a felony or misdemeanor against the state, and (b) he OR SHE did not by his OR HER own conduct cause or bring about his OR HER conviction, EXCLUDING ANY ALLEGEDLY INCULPATORY STATEMENT MADE OR PROVIDED BY THE CLAIMANT TO THE AUTHORITIES WHO INVES- TIGATED OR PROSECUTED CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED IN ORDER TO IMPEDE THE INVESTIGATION OR PROSECUTION. The claim shall be verified by the claimant. If the court finds after reading the claim that claimant is not likely to succeed at trial, it shall dismiss the claim, either on its own motion or on the motion of the state. 5. In order to obtain a judgment in his OR HER favor, claimant must prove by clear and convincing evidence that: (a) he OR SHE has been convicted of one or more felonies or misdemea- nors against the state and subsequently sentenced to a term of imprison- ment, and has served all or any part of the sentence; and (b) (i) he OR SHE has been pardoned upon the ground of innocence of the crime or crimes for which he OR SHE was sentenced and which are the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10526-02-1
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