Assembly Bill A3894B

2017-2018 Legislative Session

Relates to the availability of certain benefits to exonerees; repealer

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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

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Bill Amendments

multi-Sponsors

2017-A3894 - Details

See Senate Version of this Bill:
S53
Current Committee:
Assembly Ways And Means
Law Section:
Court of Claims Act
Laws Affected:
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:
2015-2016: A9575, S7054
2019-2020: A1003, S2914
2021-2022: A34, S477
2023-2024: A4867, S2558

2017-A3894 - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2017-A3894 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3894
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. ABINANTI,
   DINOWITZ,  JOYNER,  KIM,  RYAN,  SEAWRIGHT, SEPULVEDA, SIMON, SIMOTAS,
   STECK, TITONE, WEPRIN, ZEBROWSKI -- 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:
   § 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.
   § 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, are 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),]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

multi-Sponsors

2017-A3894A - Details

See Senate Version of this Bill:
S53
Current Committee:
Assembly Ways And Means
Law Section:
Court of Claims Act
Laws Affected:
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:
2015-2016: A9575, S7054
2019-2020: A1003, S2914
2021-2022: A34, S477
2023-2024: A4867, S2558

2017-A3894A - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2017-A3894A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3894--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. ABINANTI,
   DINOWITZ,  JOYNER,  KIM,  RYAN,  SEAWRIGHT, SEPULVEDA, SIMON, SIMOTAS,
   STECK, TITONE, WEPRIN, ZEBROWSKI -- read  once  and  referred  to  the
   Committee  on  Judiciary  -- reported and referred to the Committee on
   Ways and Means -- recommitted to the Committee on Ways  and  Means  in
   accordance  with Assembly Rule 3, sec. 2 -- recommitted to the Commit-
   tee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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:
   § 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.
   § 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, are 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

multi-Sponsors

2017-A3894B (ACTIVE) - Details

See Senate Version of this Bill:
S53
Current Committee:
Assembly Ways And Means
Law Section:
Court of Claims Act
Laws Affected:
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:
2015-2016: A9575, S7054
2019-2020: A1003, S2914
2021-2022: A34, S477
2023-2024: A4867, S2558

2017-A3894B (ACTIVE) - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2017-A3894B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3894--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. QUART -- Multi-Sponsored by -- M. of A. ABINANTI,
   DINOWITZ, JOYNER, KIM, RYAN, SEAWRIGHT, SIMON, SIMOTAS, STECK, TITONE,
   WEPRIN,  ZEBROWSKI -- read once and referred to the Committee on Judi-
   ciary -- reported and referred to the Committee on Ways and  Means  --
   recommitted  to  the  Committee  on  Ways and Means in accordance with
   Assembly Rule 3, sec. 2 -- recommitted to the Committee  on  Judiciary
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  reported  and  referred  to  the  Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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. Section 8-b of the court of claims act is amended by adding
 a new subdivision 1-a to read as follows:
   1-A.  WHEN  USED  IN  THIS  SECTION,  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 THIS SECTION.
   § 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, are 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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