Assembly Bill A3978

2019-2020 Legislative Session

Relates to claims for unjust conviction

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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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Bill Amendments

2019-A3978 - Details

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
2017-2018: A5306
2021-2022: A2087
2023-2024: A818

2019-A3978 - Summary

Relates to claims for unjust conviction.

2019-A3978 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3978
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 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

2019-A3978A (ACTIVE) - Details

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
2017-2018: A5306
2021-2022: A2087
2023-2024: A818

2019-A3978A (ACTIVE) - Summary

Relates to claims for unjust conviction.

2019-A3978A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3978--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Judiciary -- 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; to amend the education law, in  relation
   to  establishing  wrongful  conviction  recovery  scholarships; and to
   amend the civil service law, in relation to allowing additional  cred-
   its for the wrongfully convicted
 
   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  "wrongful
 conviction 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 legis-
 lature 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] A PREPONDERANCE OF THE 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 exercising its discretion as permitted by  law  regarding  the
 weight and admissibility of evidence submitted pursuant to this section,
 shall,  in  the interest of justice, give due consideration to difficul-
 ties of proof caused by the passage of time, the death or unavailability
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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