Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2016 |
reported referred to ways and means |
Jun 01, 2016 |
print number 9575a |
Jun 01, 2016 |
amend and recommit to judiciary |
Mar 21, 2016 |
referred to judiciary |
Assembly Bill A9575A
2015-2016 Legislative Session
Sponsored By
QUART
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
Bill Amendments
co-Sponsors
Ron Kim
Kenneth Zebrowski
Aravella Simotas
Sean Ryan
multi-Sponsors
Thomas Abinanti
2015-A9575 - Details
- See Senate Version of this Bill:
- S7054
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Court of Claims Act
- Laws Affected:
- Add §8-c, amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
A3894, S53
2019-2020: A1003, S2914
2021-2022: A34, S477
2023-2024: A4867, S2558
2015-A9575 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 7054 A. 9575 S E N A T E - A S S E M B L Y March 21, 2016 ___________ IN SENATE -- Introduced by Sen. HOYLMAN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. ABINANTI -- read once and referred to the Committee on Judiciary AN ACT to amend the court of claims act, the public housing law, the correction law, and the civil service law, in relation to the avail- ability of certain benefits to exonerees; and to repeal certain provisions of the court of claims act relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The court of claims act is amended by adding a new section 8-c to read as follows: S 8-C. DEFINITIONS. WHEN USED IN THIS ACT, UNLESS OTHERWISE REQUIRED BY THE CONTEXT, OR UNLESS A CONTRARY INTENT IS EXPRESSLY DECLARED IN THE PROVISION TO BE CONSTRUED, THE TERM "EXONEREE" SHALL MEAN ANY PERSON INCARCERATED IN A STATE CORRECTIONAL FACILITY WHO IS RELEASED FROM SUCH FACILITY BECAUSE THE JUDGMENT OF CONVICTION AGAINST HIM OR HER IS REVERSED OR VACATED AND THE ACCUSATORY INSTRUMENT IS DISMISSED. S 2. Paragraph (d) of subdivision 5 and subdivision 7 of section 8-b of the court of claims act are REPEALED. S 3. Section 8-b of the court of claims act is amended by adding elev- en new subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 to read as follows: 7. ANY EXONEREE SHALL BE ENTITLED TO HAVE ALL RECORDS OF HIS OR HER CONVICTION SEALED, WHICH SHALL MEAN THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY EXCEPT, UPON REQUEST, THE EXONER- EE. 8. EXONEREES SHALL BE ELIGIBLE FOR ALL BENEFITS ENUMERATED IN THIS ARTICLE UNTIL THEIR DEATH. SUCH BENEFITS SHALL NOT BE PAYABLE TO THE ESTATE OF AN EXONEREE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Ron Kim
Kenneth Zebrowski
Aravella Simotas
Sean Ryan
multi-Sponsors
Thomas Abinanti
2015-A9575A (ACTIVE) - Details
- See Senate Version of this Bill:
- S7054
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Court of Claims Act
- Laws Affected:
- Add §8-c, amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
A3894, S53
2019-2020: A1003, S2914
2021-2022: A34, S477
2023-2024: A4867, S2558
2015-A9575A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9575--A I N A S S E M B L Y March 21, 2016 ___________ Introduced by M. of A. QUART, KIM, ZEBROWSKI, SIMOTAS, RYAN, WEPRIN, SEAWRIGHT, SIMON, STECK, JOYNER, TITONE, DINOWITZ, LAVINE, SCHIMEL, SEPULVEDA -- Multi-Sponsored by -- M. of A. ABINANTI -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the court of claims act, the public housing law, the correction law, and the civil service law, in relation to the avail- ability of certain benefits to exonerees; and to repeal certain provisions of the court of claims act relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The court of claims act is amended by adding a new section 8-c to read as follows: S 8-C. DEFINITIONS. WHEN USED IN THIS ACT, UNLESS OTHERWISE REQUIRED BY THE CONTEXT, OR UNLESS A CONTRARY INTENT IS EXPRESSLY DECLARED IN THE PROVISION TO BE CONSTRUED, THE TERM "EXONEREE" SHALL MEAN ANY PERSON WHO HAS BEEN GRANTED A JUDGMENT IN A CLAIM FOR UNJUST CONVICTION AND IMPRI- SONMENT UNDER SECTION EIGHT-B OF THIS ACT. S 2. Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of section 8-b of the court of claims act, as added by chapter 1009 of the laws of 1984, is amended to read as follows: (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 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] subdivi- sion one of section 440.10 of the criminal procedure law; or (B) subdi- vision [one (where based upon grounds set forth in item (A) hereof),] two, three (where the count dismissed was the sole basis for the impri- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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