Assembly Bill A5306A

2017-2018 Legislative Session

Relates to claims for unjust conviction and imprisonment

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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

co-Sponsors

multi-Sponsors

2017-A5306 - Details

See Senate Version of this Bill:
S7982
Current Committee:
Assembly Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd §8-b, Ct Claims Act; add §13-a, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10169
2019-2020: A3978, S2074
2021-2022: A2087, S1143, S8072
2023-2024: A818, S6969

2017-A5306 - Summary

Relates to claims for unjust conviction and imprisonment.

2017-A5306 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5306
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the court of claims act and the tax law, 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 "wrongfully
 convicted recovery act".
   § 2. Section 8-b of the court of claims act, as added by chapter  1009
 of the laws of 1984, subdivision 2 as amended by chapter 210 of the laws
 of 2007, is amended to read as follows:
   §  8-b. Claims for unjust conviction and imprisonment. 1. The legisla-
 ture finds and declares that innocent  persons  who  have  been  wrongly
 convicted  of crimes and subsequently imprisoned have been frustrated in
 seeking legal redress due to a  variety  of  substantive  and  technical
 obstacles  in  the  law  and  that such persons should have an available
 avenue of redress over and above the  existing  tort  remedies  to  seek
 compensation  for  damages.  The legislature intends by enactment of the
 provisions of this section that those innocent persons  who  can  demon-
 strate  by  clear  and  convincing  evidence  that  they  were  unjustly
 convicted and imprisoned be able to recover damages against  the  state.
 In light of the substantial burden of proof that must be carried by such
 persons, it is the intent of the legislature that the court, in exercis-
 ing its discretion as permitted by law regarding the weight and admissi-
 bility  of  evidence  submitted  pursuant to this section, shall, in the
 interest of justice, give due consideration  to  difficulties  of  proof
 caused by the passage of time, the death or unavailability of witnesses,
 the  destruction of evidence or other factors not caused by such persons
 or those acting on their behalf.
   2. Any person convicted and subsequently imprisoned for  one  or  more
 felonies  or  misdemeanors  against  the  state  which he OR SHE did not

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

co-Sponsors

multi-Sponsors

2017-A5306A (ACTIVE) - Details

See Senate Version of this Bill:
S7982
Current Committee:
Assembly Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd §8-b, Ct Claims Act; add §13-a, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10169
2019-2020: A3978, S2074
2021-2022: A2087, S1143, S8072
2023-2024: A818, S6969

2017-A5306A (ACTIVE) - Summary

Relates to claims for unjust conviction and imprisonment.

2017-A5306A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5306--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced by M. of A. AUBRY, BENEDETTO, D'URSO, BARRON, MOSLEY, COLTON,
   CRESPO,  WILLIAMS, L. ROSENTHAL, McDONOUGH, DE LA ROSA, DICKENS, COOK,
   SEPULVEDA, BLAKE,  SIMON,  HYNDMAN,  JAFFEE,  PEOPLES-STOKES,  HOOPER,
   GOTTFRIED, ORTIZ, MORINELLO, SOLAGES, TITONE, SEAWRIGHT -- Multi-Spon-
   sored  by  --  M. of A.   CAHILL, HIKIND, M. G. MILLER, WRIGHT -- read
   once and referred to the Committee on Judiciary -- 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
 
 AN  ACT to amend the court of claims act and the tax law, 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 "wrongfully
 convicted recovery act".
   §  2. Section 8-b of the court of claims act, as added by chapter 1009
 of the laws of 1984, subdivision 2 as amended by chapter 210 of the laws
 of 2007, is amended to read as follows:
   § 8-b. Claims for unjust conviction and imprisonment. 1. The  legisla-
 ture  finds  and  declares  that  innocent persons who have been wrongly
 convicted of crimes and subsequently imprisoned have been frustrated  in
 seeking  legal  redress  due  to  a variety of substantive and technical
 obstacles in the law and that such  persons  should  have  an  available
 avenue  of  redress  over  and  above the existing tort remedies to seek
 compensation for damages. The legislature intends by  enactment  of  the
 provisions  of  this  section that those innocent persons who can demon-
 strate  by  clear  and  convincing  evidence  that  they  were  unjustly
 convicted  and  imprisoned be able to recover damages against the state.
 In light of the substantial burden of proof that must be carried by such
 persons, it is the intent of the legislature that the court, in exercis-
 ing its discretion as permitted by law regarding the weight and admissi-

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

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