S T A T E   O F   N E W   Y O R K
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                                  4867--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced by M. of A. KELLES, KIM, ZEBROWSKI, WEPRIN, SEAWRIGHT, SIMON,
   STECK,  JOYNER, DINOWITZ, LAVINE, REYES, ARDILA, CRUZ, SHIMSKY, ZINER-
   MAN, LEVENBERG, AUBRY, EPSTEIN,  GIBBS,  SILLITTI  --  read  once  and
   referred to the Committee on Judiciary -- reported and referred to the
   Committee  on  Codes -- reported and referred to the Committee on Ways
   and Means -- 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 has] THEY HAVE been pardoned upon the ground of  innocence  of
 the crime or crimes for which [he was] THEY WERE sentenced and which are
 the  grounds  for  the  complaint;  or  (ii)  [his]  THEIR  judgment  of
 conviction was  reversed  or  vacated,  and  the  accusatory  instrument
 dismissed  or,  if  a  new  trial was ordered, either [he was] THEY WERE
 found not guilty at the new trial or [he was] THEY WERE not retried  and
 the  accusatory  instrument  dismissed;  provided  that the judgement of
 conviction was reversed or vacated, and the  accusatory  instrument  was
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07170-02-3
              

 A. 4867--A                          2
 
 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 imprisonment complained of) or  five  of  section
 470.20  of  the  criminal procedure 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] THEY did not commit any of the acts [charged in the accusato-
 ry instrument] FOR WHICH THEY WERE CONVICTED  or  [his]  THEIR  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] THEY did not by [his] THEIR own [conduct] MISCONDUCT cause or
 bring about [his] THEIR 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] THEM, 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  THEIR
 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
 A. 4867--A                          3
 
 HOWEVER  THAT  ON MOTION OF THE ATTORNEY GENERAL THE COURT MAY STAY SUCH
 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
 THEM. THE EXONEREE SHALL PETITION THE COURT OF CLAIMS IN SEEKING REASON-
 ABLE 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 THEIR 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 THEIR 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 THEIR CLAIM
 DID  NOT SATISFY CLAUSE (A) OR (B) OF SUBPARAGRAPH (II) OF PARAGRAPH (B)
 OF SUBDIVISION FIVE OF THIS SECTION AND IS BARRED BY THE EXISTING  STAT-
 UTE  OF  LIMITATIONS, MAY FILE THEIR 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. 4867--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]  THEIR
 anticipated  release  date  from a state correctional facility AND EVERY
 EXONEREE, 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 sufficient 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 professional.
   §  10.  Subdivision  2  of  section  163  of the civil service law, as
 amended by section 6 of part S of chapter 57 of the  laws  of  2023,  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. Notwithstanding any law or regulation to the
 contrary, active members of volunteer ambulance companies serving one or
 more municipal corporations pursuant to  subdivision  seven  of  section
 ninety-two-a  of  the general municipal law shall be eligible for health
 benefits regardless of the amount of funds derived from public  sources.
 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
 A. 4867--A                          5
 
 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 participant, and all  dividends  or
 retroactive  rate  credits  shall be distributed pro-rata based upon the
 number of employees of such participant 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.