Assembly Bill A1003

2019-2020 Legislative Session

Relates to the availability of certain benefits to exonerees; repealer

download bill text pdf

Sponsored By

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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2019-A1003 (ACTIVE) - Details

See Senate Version of this Bill:
S2914
Current Committee:
Assembly Judiciary
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
2017-2018: A3894, S53
2021-2022: A34, S477
2023-2024: A4867, S2558

2019-A1003 (ACTIVE) - Summary

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

2019-A1003 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1003
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. QUART, KIM, ZEBROWSKI, SIMOTAS, RYAN, WEPRIN,
   SEAWRIGHT, SIMON, STECK, JOYNER, DINOWITZ, LAVINE  --  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. 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
 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.
              

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