Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 05, 2018 |
print number 5306a |
Mar 05, 2018 |
amend and recommit to judiciary |
Jan 03, 2018 |
referred to judiciary |
Feb 07, 2017 |
referred to judiciary |
Assembly Bill A5306A
2017-2018 Legislative Session
Sponsored By
AUBRY
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
Michael Benedetto
Anthony D'Urso
Charles Barron
Walter T. Mosley
multi-Sponsors
Kevin Cahill
Dov Hikind
Michael G. Miller
Tremaine Wright
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 - 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
Michael Benedetto
Anthony D'Urso
Charles Barron
Walter T. Mosley
multi-Sponsors
Kevin Cahill
Dov Hikind
Michael G. Miller
Tremaine Wright
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) - 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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