S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   34--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. QUART, KIM, ZEBROWSKI, WEPRIN, SEAWRIGHT, SIMON,
   STECK, JOYNER, DINOWITZ, LAVINE, REYES -- Multi-Sponsored by -- M.  of
   A. ABINANTI -- 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01369-03-2
 A. 34--A                            2
 
 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),]
 two,  three (where the count dismissed was the sole basis for the impri-
 sonment complained of) or five of section 470.20 of the criminal  proce-
 dure  law;  or  (C) comparable provisions of the former code of criminal
 procedure or subsequent law; or (D) the statute, or application thereof,
 on which the accusatory instrument was based violated  the  constitution
 of the United States or the state of New York; and
   §  3.  Paragraph  (c)  of subdivision 5 of section 8-b of the court of
 claims act, as added by chapter 1009 of the laws of 1984, is amended  to
 read as follows:
   (c) he OR SHE did not commit any of the acts [charged in the accusato-
 ry  instrument]  FOR WHICH HE OR SHE WAS CONVICTED or his OR HER acts or
 omissions charged in the accusatory  instrument  did  not  constitute  a
 felony or misdemeanor against the state; and
   §  4.  Paragraph  (d)  of subdivision 5 of section 8-b of the court of
 claims act, as added by chapter 1009 of the laws of 1984, is amended  to
 read as follows:
   (d)  he OR SHE did not by his OR HER own [conduct] MISCONDUCT cause or
 bring about his OR HER conviction.  FOR PURPOSES OF THIS SUBDIVISION,  A
 CONFESSION,  ADMISSION OR PLEA OF GUILTY MADE OR ENTERED BY THE CLAIMANT
 MAY NOT BE CONSIDERED EVIDENCE OF  MISCONDUCT  UNLESS  SUCH  CONFESSION,
 ADMISSION  OR PLEA OF GUILTY WAS MADE OR ENTERED KNOWINGLY, VOLUNTARILY,
 WITHOUT DURESS AND WITH THE INTENT TO PREVENT THE INVESTIGATION OR PROS-
 ECUTION: (I) OF THE CLAIMANT FOR A  CRIME  UNRELATED  TO  THE  CRIME  OR
 CRIMES  THAT  WERE  THE SUBJECT OF SUCH CONFESSION, ADMISSION OR PLEA OF
 GUILTY; OR (II) OF ANOTHER PERSON WHO THE CLAIMANT, AT THE TIME OF  SUCH
 CONFESSION,  ADMISSION  OR  PLEA,  BELIEVED TO BE THE PERPETRATOR OF THE
 CRIME OR CRIMES THAT WERE THE SUBJECT OF SUCH CONFESSION,  ADMISSION  OR
 PLEA.
   §  5.  Subdivision  7  of  section  8-b  of the court of claims act is
 REPEALED.
   § 6. Subdivision 6 of section 8-b of the court of claims act, as added
 by chapter 1009 of the laws of 1984, is amended to read as follows:
   6. If the court finds that the claimant is entitled to a judgment,  it
 shall  award  damages  in such sum of money as the court determines will
 fairly and reasonably compensate him OR HER, AS WELL AS ANY BENEFITS  TO
 WHICH THE CLAIMANT IS ENTITLED UNDER THIS SECTION.
   §  7.  Section 8-b of the court of claims act is amended by adding ten
 new subdivisions 7, 8, 9, 10, 11, 12, 13, 14,  15  and  16  to  read  as
 follows:
   7.  ANY  EXONEREE  SHALL BE ENTITLED TO HAVE ALL RECORDS OF HIS OR HER
 CONVICTION SEALED PURSUANT TO SECTION 160.50 OF THE  CRIMINAL  PROCEDURE
 LAW.
   8. NO BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE CONSIDERED GROSS
 INCOME  AS  DEFINED  IN  SECTION  SIX HUNDRED TWELVE OF THE TAX LAW, NOR
 SHALL THEY BE TAXABLE BY ANY ENTITY.
   9. NO BENEFITS PAID PURSUANT TO THIS ARTICLE SHALL BE REDUCED  BY  ANY
 AMOUNT  TO COMPENSATE THE STATE FOR THE COSTS OF INCARCERATING THE EXON-
 EREE.
   10. A PERSON WHO PROPERLY PRESENTS A CLAIM  PURSUANT  TO  SUBDIVISIONS
 THREE AND FOUR OF THIS SECTION SHALL BE ENTITLED TO RECEIVE A PAYMENT OF
 TEN THOUSAND DOLLARS PER MONTH FROM THE STATE FOR EACH MONTH BETWEEN THE
 TIME  A  CLAIM  IS  FILED  AND  THE FINAL JUDGMENT IS RECORDED, PROVIDED
 HOWEVER THAT ON MOTION OF THE ATTORNEY GENERAL THE COURT MAY  STAY  SUCH
 A. 34--A                            3
 
 PAYMENT  ON  THE GROUNDS THAT SUCH CLAIM IS FRIVOLOUS, THAT THE CLAIMANT
 IS UNLIKELY TO PREVAIL ON THE MERITS, OR THAT  THE  PERIOD  OF  WRONGFUL
 INCARCERATION  WAS SO SHORT THAT SIGNIFICANT DAMAGES AND BENEFITS SHOULD
 NOT BE AWARDED.
   11. AN EXONEREE FOUND BY THE COURT TO HAVE SERVED A PERIOD OF WRONGFUL
 INCARCERATION  OF  MORE THAN ONE YEAR OR TO HAVE EXPERIENCED SIGNIFICANT
 HARDSHIP RESULTING FROM SUCH INCARCERATION SHALL BE ORDERED BY THE COURT
 TO BE ENROLLED IN  THE  HEALTH  BENEFIT  PLAN  ESTABLISHED  PURSUANT  TO
 SECTION ONE HUNDRED SIXTY-ONE OF THE CIVIL SERVICE LAW, THE SUPPLEMENTA-
 RY  HEALTH  BENEFIT  PLAN  ESTABLISHED  PURSUANT  TO SECTION ONE HUNDRED
 SIXTY-THREE-A OF THE CIVIL SERVICE LAW, AND THE  DENTAL  INSURANCE  PLAN
 ESTABLISHED  PURSUANT  TO SECTION ONE HUNDRED SIXTY OF THE CIVIL SERVICE
 LAW. THE FULL COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH  COVERAGE
 SHALL BE PAID BY THE STATE.
   12.  THE  EXONEREE  SHALL  BE  ENTITLED  TO REASONABLE ATTORNEY'S FEES
 INCURRED IN THE PROCESS OF VACATING OR REVERSING  THE  JUDGMENT  AGAINST
 HIM  OR  HER. THE EXONEREE SHALL PETITION THE COURT OF CLAIMS IN SEEKING
 REASONABLE ATTORNEY'S FEES AS AGAINST THE STATE. ANY AWARD OF ATTORNEY'S
 FEES SHALL BE REIMBURSABLE BY THE STATE.
   13. AN EXONEREE WHO ENROLLS AT ANY INSTITUTION OF THE CITY  UNIVERSITY
 OF NEW YORK OR ANY INSTITUTION OF THE STATE UNIVERSITY OF NEW YORK SHALL
 BE  ELIGIBLE  FOR  A  TUITION  AWARD  IN  AN AMOUNT EQUAL TO THE TUITION
 CHARGED AT SUCH INSTITUTION, THE MANDATORY FEES CHARGED AT SUCH INSTITU-
 TION AND THE NON-TUITION COST  OF  ATTENDANCE  AT  SUCH  INSTITUTION  OR
 COLLEGE,  PROVIDED  THAT THE SCHOLARSHIP SHALL NOT EXCEED AN AMOUNT THAT
 IS EQUAL TO THE TOTAL COST OF ATTENDANCE DETERMINED FOR FEDERAL TITLE IV
 STUDENT FINANCIAL AID PURPOSES.
   14. ANY AND ALL BENEFITS MADE AVAILABLE TO PAROLEES THROUGH THE  DIVI-
 SION  OF  PAROLE  SHALL  ALSO BE MADE AVAILABLE TO EXONEREES.  ANY STATE
 CONTRACT WITH A SERVICE PROVIDER FOR  PAROLEES  MUST  ALSO  REQUIRE  THE
 SERVICE PROVIDER TO ALSO SERVE EXONEREES.
   15. NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT AN EXONEREE FROM
 PURSUING  FURTHER CIVIL LAWSUITS AGAINST ANY STATE AGENCIES OR EMPLOYEES
 FOR ANY REASON, INCLUDING IN CONNECTION WITH THE WRONGFUL CONVICTION.
   16. (A) ANY PERSON CLAIMING COMPENSATION AND ADDITIONAL BENEFITS UNDER
 THIS SECTION BASED ON A PARDON THAT WAS GRANTED ON OR AFTER  THE  EFFEC-
 TIVE  DATE OF THIS SUBDIVISION OR THE DISMISSAL OF AN ACCUSATORY INSTRU-
 MENT THAT OCCURRED ON OR AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION
 SHALL  FILE  HIS  OR  HER  CLAIM  WITHIN THREE YEARS AFTER THE PARDON OR
 DISMISSAL.
   (B) ANY PERSON WHO OBTAINED A JUDGMENT UNDER THIS SECTION PRIOR TO THE
 EFFECTIVE DATE MAY FILE FOR ADDITIONAL BENEFITS UNDER THIS SECTION WITH-
 IN TWO YEARS AFTER SUCH EFFECTIVE DATE.
   (C) ANY PERSON WHOSE CLAIM WAS DISMISSED PRIOR TO THE  EFFECTIVE  DATE
 OF THIS SECTION ON THE GROUNDS THAT THE CLAIM DID NOT SATISFY CLAUSE (A)
 OR (B) OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS
 SECTION  MAY REFILE HIS OR HER CLAIM UNDER THIS SECTION WITHIN TWO YEARS
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (D) ANY PERSON WHO DID NOT PREVIOUSLY FILE A CLAIM BECAUSE HIS OR  HER
 CLAIM  DID  NOT  SATISFY CLAUSE (A) OR (B) OF SUBPARAGRAPH (II) OF PARA-
 GRAPH (B) OF SUBDIVISION FIVE OF THIS  SECTION  AND  IS  BARRED  BY  THE
 EXISTING  STATUTE  OF  LIMITATIONS, MAY FILE HIS OR HER CLAIM UNDER THIS
 SECTION WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 8. Subdivision 1 of section 156 of the public housing law is amended
 by adding a new paragraph c to read as follows:
 A. 34--A                            4
 
   C. ALSO FOR ANY EXONEREE AS DEFINED IN SUBDIVISION  ONE-A  OF  SECTION
 EIGHT-B  OF  THE  COURT OF CLAIMS ACT. ANY BENEFITS DUE TO SUCH EXONEREE
 SHALL NOT BE INCLUDED IN THE CALCULATION OF  PROBABLE  AGGREGATE  INCOME
 USED  TO  DETERMINE  ELIGIBILITY FOR THESE DWELLINGS. EXONEREES SHALL BE
 ASSIGNED  THE  HIGHEST  NEED-BASED  PRIORITY FOR PLACEMENT IN A DWELLING
 UNIT.
   § 9. Subdivision 4 of section 404 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   4. Every incarcerated individual who has received mental health treat-
 ment pursuant to this article within three years of his  or  her  antic-
 ipated release date from a state correctional facility AND EVERY EXONER-
 EE,  AS  DEFINED IN SUBDIVISION ONE-A OF SECTION EIGHT-B OF THE COURT OF
 CLAIMS ACT, shall be provided with mental health discharge planning and,
 when necessary, an appointment with a mental health professional in  the
 community  who  can prescribe medications following discharge and suffi-
 cient mental health medications and prescriptions to bridge  the  period
 between  discharge  and such time as such mental health professional may
 assume care of the patient. Incarcerated individuals  who  have  refused
 mental  health  treatment  may  also be provided mental health discharge
 planning and any necessary appointment  with  a  mental  health  profes-
 sional.
   §  10.  Subdivision  2  of  section  163  of the civil service law, as
 amended by section 4 of part T of chapter 56 of the  laws  of  2010,  is
 amended to read as follows:
   2.  The  contract  or  contracts shall provide for health benefits for
 retired employees of the state and of the state colleges of agriculture,
 home economics, industrial labor relations and veterinary medicine,  the
 state  agricultural experiment station at Geneva, and any other institu-
 tion or agency under the management and control of Cornell university as
 the representative of the board of trustees of the state  university  of
 New  York,  and  the  state college of ceramics under the management and
 control of Alfred university as the representative of the board of trus-
 tees of the state university of New York, and their spouses and  depend-
 ent children as defined by the regulations of the president, AND EXONER-
 EES  AS  DEFINED IN SUBDIVISION ONE-A OF SECTION EIGHT-B OF THE COURT OF
 CLAIMS ACT, on such terms as the president may deem appropriate, and the
 president may authorize the inclusion in the plan of the  employees  and
 retired  employees  of  public authorities, public benefit corporations,
 school districts, special districts,  district  corporations,  municipal
 corporations  excluding active employees and retired employees of cities
 having a population of one million or  more  inhabitants  whose  compen-
 sation  is  or  was  before retirement paid out of the city treasury, or
 other appropriate agencies, subdivisions or  quasi-public  organizations
 of  the  state, including active members of volunteer fire and volunteer
 ambulance companies serving one or more municipal corporations  pursuant
 to  subdivision  seven  of section ninety-two-a of the general municipal
 law, and their spouses and dependent children as defined  by  the  regu-
 lations  of  the  president.  Any  such corporation, district, agency or
 organization electing to participate in the plan shall  be  required  to
 pay  its  proportionate  share  of the expenses of administration of the
 plan in such amounts and at such times as determined and  fixed  by  the
 president. All amounts payable for such expenses of administration shall
 be paid to the commissioner of taxation and finance and shall be applied
 to  the  reimbursement  of  funds previously advanced for such purposes.
 Neither the state nor any other participant in the plan shall be charged
 with the particular experience attributable  to  the  employees  of  the
 A. 34--A                            5
 
 participant,  and  all  dividends  or  retroactive rate credits shall be
 distributed pro-rata based upon the number of employees of such  partic-
 ipant covered by the plan.
   §  11. This act shall take effect immediately and, except as otherwise
 expressly provided in this  act,  shall  apply  to  convictions  entered
 before, on or after such effective date.