S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   772

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Judiciary

AN ACT to confer jurisdiction upon the court of claims  to  hear,  audit
  and determine the claims of Betty Tyson

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any  provision  of  law  to  the  contrary,
jurisdiction is hereby conferred upon the court of claims to hear, audit
and  determine  the claims of Betty Tyson under section 8-b of the court
of claims act against the state for compensation and damages alleged  to
have  been  sustained  by  the claimant as a result of and in connection
with an erroneous indictment and conviction for the murder  and  robbery
of  Timothy Hayworth. On December 28, 1973, Betty Tyson was convicted of
five counts related to the murder and robbery of one  Timothy  Hayworth,
and on February 13, 1974, was sentenced to 25 years to life. After serv-
ing  25 years in prison, Ms. Tyson was released from prison upon vacatur
of her conviction. The vacatur of her conviction was based upon a  find-
ing  that  during  the  course  of Ms. Tyson's trial both the deliberate
suppression of testimony and evidence, demonstrative of the innocence of
Betty Tyson, and the knowing use of perjured testimony occurred.
  S 2. Notwithstanding the inability of such claimant to  satisfactorily
establish  by  documentary  evidence the requirements contained in para-
graph (b) of subdivision 3 of section 8-b of the court of claims act and
by clear and convincing evidence the requirements contained in paragraph
(b) of subdivision 5 of section 8-b of the court of claims act,  if  the
court  of claims shall determine that the claimant suffered damages as a
result of these actions under section 8-b of the court  of  claims  act,
the  damages  therefor shall constitute a legal, valid and binding claim
against the state, and the state shall be liable therefor  and  for  the
payment  thereof.  The court of claims may award and render judgment for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03407-01-1

A. 772                              2

such sum as may be just and equitable  compensation  therefor,  together
with interest and cost.
  S  3.  The  state of New York hereby consents to have its liability on
such claim determined, and to be bound by such  determination,  notwith-
standing  the  failure  of  the claimant to file such claim or notice of
intention to file such claim within  the  time  provided  or  prescribed
therefore  by law; nor the previous dismissal of claimant's claim by the
court of claims, provided, however, that the claim  is  filed  with  the
court of claims within six months after the effective date of this act.
  S  4.  Nothing  contained in this act shall be construed as a determi-
nation as to the merits of this claim.
  S 5. This act shall take effect immediately.