S T A T E   O F   N E W   Y O R K
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                                  9965

                          I N  A S S E M B L Y

                              June 4, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
  (at request of the Department of Law) -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the court of claims  act,  in  relation  to  claims  for
  unjust conviction and imprisonment

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

  Section 1. This act shall be known and may be  cited  as  the  "Unjust
Imprisonment Act of 2014".
  S  2.  Subdivisions 2, 3, 4, 5, 6 and 7 of section 8-b of the court of
claims act, subdivision 2 as amended by chapter 210 of the laws of 2007,
and subdivisions 3, 4, 5, 6, and 7 as added by chapter 1009 of the  laws
of  1984,  are  amended,  and  a new subdivision 5-a is added to read as
follows:
  2. Any person convicted and subsequently imprisoned for  one  or  more
felonies  or  misdemeanors  against  the  state  which he OR SHE did not
commit may, under the conditions hereinafter provided, present  a  claim
for  damages  against  the  state.  In  scheduling court appearances and
filing deadlines, the court shall give docket priority at each stage  of
the  proceeding  to such claims for damages under this subdivision where
the claimant asserts  proof  of  innocence  through  DNA  evidence.  Any
adjournments granted in the course of such a proceeding should be for as
short a time as is practicable.
  3.  In  order to present the claim for unjust conviction and imprison-
ment, claimant must establish by documentary 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
grounds for the complaint; or (ii) his OR HER judgment of conviction was
reversed  or  vacated,  and the accusatory instrument dismissed or, if a
new trial was ordered, either he OR SHE was found not guilty at the  new
trial  or  he  OR  SHE  was  not  retried  and the accusatory instrument

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

                                                           LBD14015-05-4

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dismissed; provided that the  [judgement]  JUDGMENT  of  conviction  was
reversed or vacated, and the accusatory instrument was dismissed, on any
of  the  following  grounds: (A) paragraph (a), (b), (c), (D), (e) [or],
(F),  (g),  (G-1),  OR  (H)  of subdivision one of section 440.10 of the
criminal procedure law; or (B) subdivision one (where based upon grounds
set forth in [item (A) hereof] CLAUSE (A) OF  THIS  SUBPARAGRAPH),  two,
three (where the count dismissed was the sole basis for the imprisonment
complained  of) or five of section 470.20 of the criminal procedure law;
or (C) comparable provisions of the former code of criminal procedure or
subsequent law; or (D) the statute, or application thereof, on which the
accusatory instrument was based violated the constitution of the  United
States or the state of New York; and
  (c)  his OR HER claim is not time-barred by the provisions of subdivi-
sion seven of this section.
  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 CRIMINAL  acts  charged  in
the accusatory instrument AND SUBMITTED TO THE FACT FINDER, OR CONTAINED
IN  THE  ACCUSATORY INSTRUMENT BEFORE THE COURT THAT ACCEPTED THE CLAIM-
ANT'S PLEA OF GUILTY, AS THE CASE MAY BE, or his OR HER acts or  ALLEGED
omissions  [charged  in  the  accusatory  instrument]  SO  SUBMITTED  OR
CONTAINED, AS THE CASE MAY BE, did not constitute a felony or  misdemea-
nor  against  the  state,  and  (b)  he OR SHE did not by his OR HER own
[conduct] MISCONDUCT cause or bring about his  OR  HER  conviction.  FOR
PURPOSES  OF THIS SUBDIVISION, A CONFESSION, ADMISSION OR PLEA OF GUILTY
MADE OR ENTERED BY THE  CLAIMANT  MAY  NOT  BE  CONSIDERED  EVIDENCE  OF
MISCONDUCT  UNLESS SUCH CONFESSION, ADMISSION OR PLEA OF GUILTY WAS MADE
OR ENTERED KNOWINGLY, VOLUNTARILY, WITHOUT DURESS AND WITH THE INTENT TO
PREVENT THE INVESTIGATION OR PROSECUTION: (I)  OF  THE  CLAIMANT  FOR  A
CRIME  UNRELATED  TO  THE  CRIME OR CRIMES THAT WERE THE SUBJECT OF SUCH
CONFESSION, ADMISSION OR PLEA OF GUILTY; OR (II) OF ANOTHER  PERSON  WHO
CLAIMANT, AT THE TIME OF SUCH CONFESSION, ADMISSION OR PLEA, BELIEVED TO
BE  THE PERPETRATOR OF THE CRIME OR CRIMES THAT WERE THE SUBJECT OF SUCH
CONFESSION, ADMISSION OR PLEA. The claim shall be verified by the claim-
ant; PROVIDED THAT NOTWITHSTANDING THE  PROVISIONS  OF  ANY  OTHER  LAW,
DISMISSAL  FOR  FAILURE  TO VERIFY A CLAIM PURSUANT TO THIS SUBDIVISION,
WHERE SUCH DISMISSAL OCCURS ON OR AFTER THE FIRST DAY OF  FEBRUARY,  TWO
THOUSAND  FOURTEEN, SHALL BE WITHOUT PREJUDICE AND THE CLAIMANT SHALL BE
GIVEN LEAVE TO AMEND HIS OR HER CLAIM WITHIN SIX MONTHS OF SUCH DISMISS-
AL WITHOUT PREJUDICE.  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
grounds for the complaint; or (ii) his OR HER judgment of conviction was
reversed or vacated, and the accusatory instrument dismissed  or,  if  a
new  trial was ordered, either [he] THE CLAIMANT was found not guilty at
the new trial or he OR SHE was not retried and the accusatory instrument
dismissed; provided that the  [judgement]  JUDGMENT  of  conviction  was
reversed or vacated, and the accusatory instrument was dismissed, on any
of  the  following  grounds: (A) paragraph (a), (b), (c), (D), (e) [or],

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(F), (g), (G-1) OR (H) of subdivision one of section 440.10 of the crim-
inal procedure law; or (B) subdivision one (where based upon grounds set
forth in [item (A) hereof] CLAUSE (A) OF THIS SUBPARAGRAPH), two,  three
(where  the  count  dismissed  was  the  sole basis for the imprisonment
complained of) or five of section 470.20 of the criminal procedure  law;
or (C) comparable provisions of the former code of criminal procedure or
subsequent law; or (D) the statute, or application thereof, on which the
accusatory  instrument was based violated the constitution of the United
States or the state of New York; and
  (c) he OR SHE did not commit any of the CRIMINAL acts charged  in  the
accusatory  instrument AND SUBMITTED TO THE FACT FINDER, OR CONTAINED IN
THE ACCUSATORY INSTRUMENT BEFORE THE COURT THAT ACCEPTED THE  CLAIMANT'S
PLEA  OF GUILTY, AS THE CASE MAY BE, or his OR HER acts or ALLEGED omis-
sions [charged in the accusatory instrument] SO SUBMITTED OR  CONTAINED,
AS  THE  CASE MAY BE, did not constitute a felony or misdemeanor against
the state; and
  (d) [he] THE CLAIMANT did not by his OR HER own  [conduct]  MISCONDUCT
cause  or  bring about his OR HER conviction. FOR PURPOSES OF THIS PARA-
GRAPH, A CONFESSION, ADMISSION OR PLEA OF GUILTY MADE OR ENTERED BY  THE
CLAIMANT  MAY  NOT  BE  CONSIDERED  EVIDENCE  OF  MISCONDUCT UNLESS SUCH
CONFESSION, ADMISSION OR PLEA OF GUILTY WAS MADE OR  ENTERED  KNOWINGLY,
VOLUNTARILY,  WITHOUT DURESS AND WITH THE INTENT TO PREVENT THE INVESTI-
GATION OR PROSECUTION: (I) OF THE CLAIMANT FOR A CRIME UNRELATED TO  THE
CRIME  OR  CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION, ADMISSION OR
PLEA OF GUILTY; OR (II) OF ANOTHER PERSON WHO CLAIMANT, AT THE  TIME  OF
SUCH  CONFESSION,  ADMISSION  OR PLEA, BELIEVED TO BE THE PERPETRATOR OF
THE CRIME OR CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION,  ADMISSION
OR PLEA.
  5-A.  A DETERMINATION OF A CRIMINAL COURT MADE PRIOR TO THE CONVICTION
AND IMPRISONMENT OF THE CLAIMANT THAT  A  WRITTEN  OR  ORAL  CONFESSION,
ADMISSION, OR OTHER STATEMENT OR EXPRESSION ALLEGEDLY MADE BY THE CLAIM-
ANT WAS NOT INVOLUNTARILY MADE PURSUANT TO SECTION 60.45 OF THE CRIMINAL
PROCEDURE  LAW  OR  OTHERWISE, SHALL NOT BE ADMISSIBLE IN ANY PROCEEDING
UNDER THIS SECTION AS EVIDENCE THAT THE CLAIMANT CAUSED OR BROUGHT ABOUT
HIS OR HER OWN CONVICTION.
  6. If the court finds that the claimant is entitled to a judgment,  it
shall  award  damages  in such sum of money as the court determines will
fairly and reasonably compensate him OR HER.
  7. Any person claiming compensation under  this  section  based  on  a
pardon that was granted before the effective date of this section or the
dismissal of an accusatory instrument that occurred before the effective
date  of this section shall file his OR HER claim within two years after
the effective date of this section.  Any  person  claiming  compensation
under  this  section  based on a pardon that was granted on or after the
effective date of this section or the dismissal of an accusatory instru-
ment that occurred on or after the effective date of this section  shall
file  his  OR  HER  claim  within  [two] THREE years after the pardon or
dismissal; PROVIDED, HOWEVER, THAT IF  RETRIAL  IS  PERMITTED  FOLLOWING
SUCH  PARDON  OR  DISMISSAL,  THE PERIOD WITHIN WHICH SUCH CLAIM MUST BE
FILED SHALL BE TOLLED DURING THE PERIOD  IN  WHICH  SUCH  A  RETRIAL  IS
PERMISSIBLE  AND  PROVIDED,  FURTHER,  THAT UPON MOTION OR NOTICE BY THE
STATE TO THE COURT OF CLAIMS ALLEGING THAT A  RETRIAL  IS  CONTEMPLATED,
THE  COURT OF CLAIMS MAY HOLD FURTHER PROCEEDINGS ON ANY SUCH CLAIM THAT
HAS BEEN FILED IN ABEYANCE UNTIL THE CONCLUSION OF THE RETRIAL OR  UNTIL
A RETRIAL IS NO LONGER CONTEMPLATED, WHICH EVER FIRST OCCURS.
  S 3. This act shall take effect immediately.