S T A T E O F N E W Y O R K
________________________________________________________________________
714
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04678-01-3
S. 714 2
(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
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), (e) or (g) 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),
two, three (where the count dismissed was the sole basis for the impri-
sonment complained of) or five of section 470.20 of the criminal proce-
dure 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 acts charged in the accusatory
instrument or his OR HER acts or omissions charged in the accusatory
instrument did not constitute a felony or misdemeanor against the state;
and
(d) 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 INVESTIGATED OR
PROSECUTED THE CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED IN ORDER
TO IMPEDE THE INVESTIGATION OR PROSECUTION.
S 3. This act shall take effect immediately.