Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Apr 14, 2011 |
referred to judiciary |
Senate Bill S4634
2011-2012 Legislative Session
Sponsored By
(R, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
2011-S4634 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7004
- Current Committee:
- Senate Judiciary
- Law Section:
- Court of Claims Act
- Laws Affected:
- Amd ยง8-b, Ct Claims Act
- Versions Introduced in 2013-2014 Legislative Session:
-
S714, A8766
2011-S4634 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4634 TITLE OF BILL: An act to amend the court of claims act, in relation to enactment of the coerced confession remediation act PURPOSE: To ensure that innocent persons who have been wrongfully convicted of a crime will not be barred from due compensation because they made a coerced confession during the investigation or prosecution of the crime. SUMMARY OF PROVISIONS: Section 1 titles the bill the "coerced confession remediation act." Section 2 amends subdivisions 4 and 5 of section 8-b of the court of claims act to allow that when a wrongfully imprisoned person submits a claim for damages to the state such claim will not be barred because of any allegedly inculpatory statement made or provided by the claimant to the authorities who investigated or prosecuted the claimant, unless such statement was intentionally made or provided in order to impede the investigation or prosecution. Section 3 provides for the act to take effect immediately.. JUSTIFICATION:
2011-S4634 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4634 2011-2012 Regular Sessions I N S E N A T E April 14, 2011 ___________ Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.