S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1143
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by Sens. BENJAMIN, HOYLMAN, MYRIE, SALAZAR -- read twice and
   ordered printed, and when printed to be committed 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; 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.
              

                                                            LBD00446-01-1

 S. 1143                             2
 
 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
 commit  may,  under the conditions hereinafter provided, present a claim
 for damages against the  state.  In  scheduling  court  appearances  and
 filing  deadlines, the court shall give docket priority at each stage of
 the proceeding to such claims for damages under this  subdivision  where
 the  claimant  asserts  proof  of  innocence  through  DNA evidence. Any
 adjournments granted in the course of such a proceeding should be for as
 short a time as is practicable.
   3. In order to present the claim for unjust conviction [and  imprison-
 ment], claimant must establish by documentary evidence that:
   (a)  he OR SHE has been convicted of one or more felonies or misdemea-
 nors against the state [and subsequently sentenced to a term  of  impri-
 sonment, and has served all or any part of the sentence]; and
   (b)  (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]  JUDGMENT  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]
 subdivision one of section 440.10 of the criminal procedure law; or  (B)
 [subdivision 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
   (c) his OR HER claim is not time-barred by the provisions of  subdivi-
 sion seven of this section.
   4.  The  claim  shall  state  facts in sufficient detail to permit the
 court to find that claimant is likely to succeed  at  trial  in  proving
 that (a) he OR SHE did not commit any of the acts charged in the accusa-
 tory instrument or his OR HER acts or omissions charged in the accusato-
 ry  instrument  did  not  constitute a felony or misdemeanor against the
 state, and (b) he OR SHE did not by his OR  HER  own  conduct  cause  or
 bring  about  his  OR HER conviction. The claim shall be verified by the
 claimant. If the court finds after reading the claim  that  claimant  is
 not  likely  to  succeed at trial, it shall dismiss the claim, either on
 its own motion or on the motion of the state.
   5. In order to obtain a judgment in his OR HER  favor,  claimant  must
 prove by [clear and convincing] A PREPONDERANCE OF THE evidence that:
   (a)  he OR SHE has been convicted of one or more felonies or misdemea-
 nors against the state [and subsequently sentenced to a term  of  impri-
 sonment, and has served all or any part of the sentence]; and
   (b)  (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

 S. 1143                             3
 
 dismissed; provided that the  [judgement]  JUDGMENT  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]
 subdivision  one of section 440.10 of the criminal procedure law; or (B)
 [subdivision 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
   (c) he OR SHE did not commit any of the acts [charged in the accusato-
 ry instrument or his acts or omissions charged in the accusatory instru-
 ment]  OR OMISSIONS FOR WHICH HE OR SHE WAS CONVICTED OR HIS OR HER ACTS
 OR OMISSIONS did not constitute a  felony  or  misdemeanor  against  the
 state; and
   (d)  he  OR SHE did not by his OR HER own conduct cause or bring about
 his OR HER conviction.
   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, PROVIDED, IF  THE  CLAIMANT
 WAS INCARCERATED, SUCH SUM SHALL NOT BE LESS THAN AN AWARD CALCULATED AT
 A  RATE  OF  ONE  MILLION DOLLARS PER YEAR DURING WHICH THE CLAIMANT WAS
 INCARCERATED AND WAS NOT UNDER SENTENCE FOR A SEPARATE CRIME. THE  COURT
 MAY  ALSO  AWARD  REASONABLE  ATTORNEYS' FEES INCURRED IN THE CLAIMANT'S
 DEFENSE AT TRIAL, INCLUDING ANY POST-TRIAL MOTIONS OR  APPEALS,  IN  THE
 PROCESS  OF VACATING OR REVERSING HIS OR HER CRIMINAL CONVICTION, AND IN
 THE PURSUIT OF A CLAIM UNDER THIS SECTION.
   7. Any person claiming compensation under  this  section  based  on  a
 pardon that was granted before the effective date of this section or the
 dismissal of an accusatory instrument that occurred before the effective
 date  of THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED
 this section shall file his OR HER claim within two  years  after  [the]
 SUCH effective date [of this section].  Any person claiming compensation
 under  this  section  based on a pardon that was granted on or after the
 effective date of this section or the dismissal of an accusatory instru-
 ment that occurred on or after the effective date of THE CHAPTER OF  THE
 LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED this section shall file his
 OR HER claim within [two] THREE years after the pardon or dismissal.
   §  3.    Subsection  (c)  of  section 612 of the tax law is amended by
 adding a new paragraph 43 to read as follows:
   (43) THE AMOUNT OF ANY  DAMAGE  AWARD  AMOUNTS  RECEIVED  PURSUANT  TO
 SECTION  EIGHT-B  OF  THE  COURT  OF  CLAIMS ACT AND NOT EXCLUDABLE FROM
 FEDERAL ADJUSTED GROSS INCOME.
   § 4. The education law is amended by adding a  new  section  668-h  to
 read as follows:
   §  668-H.  WRONGFUL  CONVICTION  RECOVERY  SCHOLARSHIPS.  1.  ELIGIBLE
 PERSONS.  NOTWITHSTANDING SUBDIVISIONS THREE AND  FIVE  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE  OF  THIS  ARTICLE,  INDIVIDUALS  PURSUANT TO SECTION
 EIGHT-B OF THE COURT OF CLAIMS ACT THAT HAVE BEEN DETERMINED TO BE ENTI-
 TLED TO A JUDGMENT FOR UNJUST CONVICTION  OR  UPON  THEIR  ELECTION  ANY
 CHILDREN  OF  AN  INDIVIDUAL  HAVING BEEN DETERMINED TO BE ENTITLED TO A
 JUDGMENT FOR UNJUST CONVICTION SHALL BE ELIGIBLE TO RECEIVE  A  WRONGFUL
 CONVICTION RECOVERY SCHOLARSHIP.
   2.  AMOUNT.  (A)  THE PRESIDENT SHALL GRANT ANNUAL SCHOLARSHIPS TO ANY
 PERSON ELIGIBLE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  RECIPIENTS

 S. 1143                             4
 
 SHALL  BE  GRANTED ANNUAL SCHOLARSHIPS IF THEY ARE ATTENDING AN INSTITU-
 TION OF THE CITY UNIVERSITY OF NEW YORK OR AN INSTITUTION OF  THE  STATE
 UNIVERSITY  OF NEW YORK INCLUDING THE STATUTORY COLLEGES AT CORNELL, THE
 COLLEGE  OF  ENVIRONMENTAL  SCIENCE  AND  FORESTRY  AT  SYRACUSE AND THE
 COLLEGE OF CERAMICS AT ALFRED. THE ANNUAL AWARD SHALL BE AN AMOUNT EQUAL
 TO THE TUITION CHARGED AT SUCH INSTITUTION PROVIDED THAT,  NOTWITHSTAND-
 ING  ANY  PROVISION OF LAW TO THE CONTRARY, THE TUITION CHARGED TO AWARD
 RECIPIENTS SHALL NOT EXCEED THAT  CHARGED  TO  STATE  RESIDENT  STUDENTS
 ATTENDING  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, LESS ALL OTHER SCHOLARSHIPS  AND  GRANTS
 PROVIDED  BY  NEW  YORK  STATE, OTHER STATES, THE FEDERAL GOVERNMENT, OR
 OTHER GOVERNMENTS, AND THE AMOUNT OF EDUCATIONAL BENEFITS PAID UNDER ANY
 PROGRAM THAT WOULD DUPLICATE THE PURPOSES OF THIS PROGRAM, PROVIDED THAT
 ANY SCHOLARSHIPS OR GRANTS PROVIDED TO A RECIPIENT  BY  THE  INSTITUTION
 WHICH  ARE  INTENDED  TO  FUND ANY PORTION OF THE DIFFERENCE BETWEEN THE
 ANNUAL STATE AWARD AND THE ACTUAL COSTS OF ATTENDANCE AT ANY SUCH INSTI-
 TUTION SHALL NOT  BE  CONSIDERED  TO  DUPLICATE  THE  PURPOSES  OF  THIS
 PROGRAM.
   (B)  "NON-TUITION  COST  OF  ATTENDANCE", AS USED IN THIS SUBDIVISION,
 SHALL MEAN: (I) THE ACTUAL AMOUNT CHARGED BY THE  INSTITUTION  FOR  ROOM
 AND  BOARD, AND (II) AN ALLOWANCE FOR TRANSPORTATION, BOOKS AND SUPPLIES
 AS DETERMINED BY THE PRESIDENT AND AS APPROVED BY THE  DIRECTOR  OF  THE
 BUDGET,  PROVIDED  THAT  SUCH  DETERMINATION SHALL BE MADE NO LATER THAN
 DECEMBER FIRST OF EACH YEAR FOR USE IN THE SUCCEEDING ACADEMIC YEAR.  IN
 THE EVENT A STUDENT DOES NOT INCUR ROOM OR BOARD CHARGES AT THE INSTITU-
 TION, "NON-TUITION COST OF ATTENDANCE" SHALL MEAN AN ALLOWANCE FOR  ROOM
 AND BOARD AS DETERMINED BY THE PRESIDENT AND APPROVED BY THE DIRECTOR OF
 THE BUDGET. IN DETERMINING ALLOWANCES PURSUANT TO THIS SUBPARAGRAPH, THE
 PRESIDENT MAY TAKE INTO CONSIDERATION THE ALLOWANCES PROVIDED FOR IN THE
 PELL GRANT PROGRAM.
   (C)  IN  NO  EVENT  SHALL THE COMBINATION OF ALL STUDENT FINANCIAL AID
 RECEIVED BY A STUDENT EXCEED A RECIPIENT'S TOTAL COST OF  ATTENDANCE  AT
 THE INSTITUTION BEING ATTENDED.
   3.  DURATION.  AWARDS  UNDER THIS SECTION SHALL BE PAYABLE FOR EACH OF
 NOT MORE THAN FOUR ACADEMIC YEARS OF UNDERGRADUATE STUDY OR FIVE ACADEM-
 IC YEARS IF A PROGRAM NORMALLY REQUIRES FIVE YEARS, AS  DEFINED  BY  THE
 COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS TITLE.
   §  5. The civil service law is amended by adding a new section 85-d to
 read as follows:
   § 85-D. ADDITIONAL CREDITS ALLOWED FOR THE  WRONGFULLY  CONVICTED.  1.
 ADDITIONAL  CREDIT  AUTHORIZED.  ADDITIONAL  CREDITS SHALL BE ALLOWED TO
 SUCCESSFUL CLAIMANTS UNDER SECTION EIGHT-B OF THE COURT OF CLAIMS ACT IN
 COMPETITIVE EXAMINATIONS FOR ORIGINAL APPOINTMENT. (A) ON  ALL  ELIGIBLE
 LISTS  RESULTING  FROM  COMPETITIVE  EXAMINATIONS, THE NAMES OF ELIGIBLE
 PERSONS SHALL BE ENTERED IN THE ORDER OF THEIR RESPECTIVE  FINAL  EARNED
 RATINGS  ON  EXAMINATIONS, WITH THE NAME OF THE ELIGIBLE PERSON WITH THE
 HIGHEST FINAL EARNED RATINGS AT THE HEAD OF SUCH LIST, PROVIDED,  HOWEV-
 ER, THAT FOR THE PURPOSE OF DETERMINING FINAL EARNED RATINGS, SUCCESSFUL
 CLAIMANTS  UNDER  SECTION  EIGHT-B  OF  THE COURT OF CLAIMS ACT SHALL BE
 ENTITLED TO RECEIVE AN ADDITIONAL TEN POINTS IN A  COMPETITIVE  EXAMINA-
 TION FOR ORIGINAL APPOINTMENT.
   (B)  SUCH  ADDITIONAL CREDIT SHALL BE ADDED TO THE FINAL EARNED RATING
 OF SUCH SUCCESSFUL CLAIMANT AFTER HE OR SHE HAS QUALIFIED IN THE COMPET-

 S. 1143                             5

 ITIVE EXAMINATION AND SHALL BE GRANTED ONLY AT THE TIME OF ESTABLISHMENT
 OF THE RESULTING ELIGIBLE LIST.
   2. APPLICATION FOR ADDITIONAL CREDIT; PROOF OF ELIGIBILITY; ESTABLISH-
 MENT  OF  ELIGIBLE  LIST.    ANY CANDIDATE, BELIEVING HIMSELF OR HERSELF
 ENTITLED TO ADDITIONAL CREDIT IN A COMPETITIVE EXAMINATION  AS  PROVIDED
 IN  THIS SECTION, MAY MAKE APPLICATION FOR SUCH ADDITIONAL CREDIT AT ANY
 TIME BETWEEN THE DATE OF HIS OR HER APPLICATION FOR EXAMINATION AND  THE
 DATE  OF  THE  ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. SUCH CANDI-
 DATES SHALL BE ALLOWED A PERIOD OF NOT LESS THAN  TWO  MONTHS  FROM  THE
 DATE OF THE FILING OF HIS OR HER APPLICATION FOR EXAMINATION IN WHICH TO
 ESTABLISH  BY  APPROPRIATE  DOCUMENTARY  PROOF HIS OR HER ELIGIBILITY TO
 RECEIVE ADDITIONAL CREDIT UNDER THIS SECTION.  AT  ANY  TIME  AFTER  TWO
 MONTHS  HAVE  ELAPSED SINCE THE FINAL DATE FOR FILING APPLICATIONS FOR A
 COMPETITIVE EXAMINATION FOR  ORIGINAL  APPOINTMENT,  THE  ELIGIBLE  LIST
 RESULTING  FROM SUCH EXAMINATION MAY BE ESTABLISHED, NOTWITHSTANDING THE
 FACT THAT A SUCCESSFUL CLAIMANT WHO HAS APPLIED  FOR  ADDITIONAL  CREDIT
 HAS  FAILED  TO  ESTABLISH  HIS OR HER ELIGIBILITY TO RECEIVE SUCH ADDI-
 TIONAL CREDIT. A CANDIDATE WHO FAILS TO ESTABLISH, BY APPROPRIATE  DOCU-
 MENTARY  PROOF,  HIS  OR HER ELIGIBILITY TO RECEIVE ADDITIONAL CREDIT BY
 THE TIME AN ELIGIBLE LIST IS ESTABLISHED SHALL NOT THEREAFTER BE GRANTED
 ADDITIONAL CREDIT ON SUCH ELIGIBLE LIST.
   3. USE OF ADDITIONAL CREDIT. (A) EXCEPT AS OTHERWISE PROVIDED IN  THIS
 SUBDIVISION, NO PERSON WHO HAS RECEIVED A PERMANENT ORIGINAL APPOINTMENT
 IN THE CIVIL SERVICE OF THE STATE OR OF ANY CITY OR CIVIL DIVISION THER-
 EOF  FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED THE ADDITIONAL
 CREDIT GRANTED BY THIS SECTION AS A SUCCESSFUL CLAIMANT, SHALL THEREAFT-
 ER BE ENTITLED TO ANY ADDITIONAL CREDIT UNDER THIS SECTION AS A SUCCESS-
 FUL CLAIMANT.
   (B) WHERE, AT THE TIME OF ESTABLISHMENT OF AN ELIGIBLE LIST, THE POSI-
 TION OF A SUCCESSFUL CLAIMANT ON SUCH LIST HAS NOT BEEN AFFECTED BY  THE
 ADDITION  OF CREDITS GRANTED UNDER THIS SECTION, THE APPOINTMENT OF SUCH
 SUCCESSFUL CLAIMANT FROM SUCH ELIGIBLE LIST SHALL NOT BE DEEMED TO  HAVE
 BEEN MADE FROM AN ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED THE ADDI-
 TIONAL CREDIT GRANTED BY THIS SECTION.
   (C) IF, AT THE TIME OF APPOINTMENT FROM AN ELIGIBLE LIST, A SUCCESSFUL
 CLAIMANT IS IN THE SAME RELATIVE STANDING AMONG THE ELIGIBLE PERSONS WHO
 ARE  WILLING  TO ACCEPT APPOINTMENT AS IF HE OR SHE HAD NOT BEEN GRANTED
 THE ADDITIONAL CREDITS AS PROVIDED BY THIS SECTION, HIS OR HER  APPOINT-
 MENT  FROM  SUCH  ELIGIBLE PERSONS SHALL NOT BE DEEMED TO HAVE BEEN MADE
 FROM AN ELIGIBLE LIST ON WHICH HE OR SHE  WAS  ALLOWED  SUCH  ADDITIONAL
 CREDITS.
   (D)  WHERE A SUCCESSFUL CLAIMANT HAS BEEN ORIGINALLY APPOINTED FROM AN
 ELIGIBLE LIST ON WHICH HE OR SHE WAS ALLOWED SUCH ADDITIONAL CREDIT, BUT
 SUCH APPOINTMENT IS THEREAFTER TERMINATED  EITHER  AT  THE  END  OF  THE
 PROBATIONARY  TERM  OR BY RESIGNATION AT OR BEFORE THE END OF THE PROBA-
 TIONARY TERM, HE OR SHE SHALL NOT BE DEEMED TO HAVE BEEN  APPOINTED,  AS
 THE  CASE  MAY  BE,  FROM AN ELIGIBLE LIST ON WHICH HE OR SHE IS ALLOWED
 ADDITIONAL CREDIT, AND SUCH APPOINTMENT SHALL  NOT  AFFECT  HIS  OR  HER
 ELIGIBILITY FOR ADDITIONAL CREDIT IN OTHER EXAMINATIONS.
   4.  WITHDRAWAL OF APPLICATION; ELECTION TO RELINQUISH ADDITIONAL CRED-
 IT. AN APPLICATION FOR ADDITIONAL CREDIT IN  A  COMPETITIVE  EXAMINATION
 UNDER  THIS  SECTION MAY BE WITHDRAWN BY THE APPLICANT AT ANY TIME PRIOR
 TO THE ESTABLISHMENT OF THE RESULTING ELIGIBLE LIST. AT ANY TIME  DURING
 THE  TERM  OF EXISTENCE OF AN ELIGIBLE LIST RESULTING FROM A COMPETITIVE
 EXAMINATION IN WHICH A SUCCESSFUL CLAIMANT HAS RECEIVED  THE  ADDITIONAL
 CREDIT  GRANTED  BY  THIS  SECTION,  SUCH SUCCESSFUL CLAIMANT MAY ELECT,

 S. 1143                             6
 
 PRIOR TO PERMANENT ORIGINAL APPOINTMENT, TO  RELINQUISH  THE  ADDITIONAL
 CREDIT  THERETOFORE  GRANTED TO HIM OR HER AND ACCEPT THE LOWER POSITION
 ON SUCH ELIGIBLE LIST TO WHICH HE OR SHE WOULD OTHERWISE HAVE BEEN ENTI-
 TLED;  PROVIDED,  HOWEVER, THAT SUCH ELECTION SHALL THEREAFTER BE IRREV-
 OCABLE. SUCH ELECTION SHALL BE IN WRITING AND SIGNED BY  THE  SUCCESSFUL
 CLAIMANT, AND TRANSMITTED TO THE DEPARTMENT OR THE APPROPRIATE MUNICIPAL
 CIVIL SERVICE COMMISSION.
   5.  ROSTER.  THE DEPARTMENT AND EACH MUNICIPAL COMMISSION SHALL ESTAB-
 LISH AND MAINTAIN IN ITS OFFICE A ROSTER OF ALL SUCH  SUCCESSFUL  CLAIM-
 ANTS APPOINTED AS A RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION
 TO  POSITIONS  UNDER  ITS  JURISDICTION. THE APPOINTMENT OF A SUCCESSFUL
 CLAIMANT AS A RESULT  OF  ADDITIONAL  CREDITS  SHALL  BE  VOID  IF  SUCH
 SUCCESSFUL  CLAIMANT, PRIOR TO SUCH APPOINTMENT, HAD BEEN APPOINTED AS A
 RESULT OF ADDITIONAL CREDITS GRANTED BY THIS SECTION.
   § 6. This act shall take effect immediately and shall apply to  claims
 filed on and after such date.