Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2024 |
print number 2558a |
Jan 04, 2024 |
amend and recommit to judiciary |
Jan 03, 2024 |
referred to judiciary |
Jan 23, 2023 |
referred to judiciary |
Senate Bill S2558A
2023-2024 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Current Bill Status - In Senate Committee Judiciary 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
Actions
Bill Amendments
2023-S2558 - Details
- See Assembly Version of this Bill:
- A4867
- Current Committee:
- Senate 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:
S7054, A9575
2017-2018: S53, A3894
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-S2558 - Sponsor Memo
BILL NUMBER: S2558 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: 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 availabil- ity of certain benefits to exonerees; and to repeal certain provisions of the court of claims act relating thereto PURPOSE OR GENERAL IDEA OF BILL: This bill will ensure exonerees are entitled to the same re-entry services as other formerly incarcerated persons, as well as additional benefits intended to ameliorate their wrongful conviction SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Court of Claims Act to add a new section that defines "exoneree." Section 2 updates the language in subdivision 5 of section 8-b of the
2023-S2558 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2558 2023-2024 Regular Sessions I N S E N A T E January 23, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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, 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),] 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
2023-S2558A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4867
- Current Committee:
- Senate 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:
S7054, A9575
2017-2018: S53, A3894
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-S2558A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2558A SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: 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 availabil- ity of certain benefits to exonerees; and to repeal certain provisions of the court of claims act relating thereto PURPOSE OR GENERAL IDEA OF BILL: This bill will ensure exonerees are entitled to the same re-entry services as other formerly incarcerated persons, as well as additional benefits intended to ameliorate their wrongful conviction SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the Court of Claims Act to add a new section that defines "exoneree." Section 2 updates the language in subdivision 5 of section 8-b of the
2023-S2558A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2558--A 2023-2024 Regular Sessions I N S E N A T E January 23, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recom- mitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07170-03-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.