S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6969
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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.
                                                            LBD01626-01-3
 S. 6969                             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) here-
 of), 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 crimi-
 nal 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. 6969                             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)  here-
 of),  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 crimi-
 nal  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-THREE  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 accusa-
 tory instrument that occurred on or after  the  effective  date  of  THE
 CHAPTER  OF  THE  LAWS  OF  TWO  THOUSAND TWENTY-THREE 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 47 to read as follows:
   (47) THE AMOUNT OF ANY DAMAGE  AWARDS  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.
 S. 6969                             4
 
   2.  AMOUNT.  (A)  THE PRESIDENT SHALL GRANT ANNUAL SCHOLARSHIPS TO ANY
 PERSON ELIGIBLE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  RECIPIENTS
 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.
 S. 6969                             5
 
   (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-
 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 CANDIDATE
 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  ESTAB-
 LISH  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 ADDITIONAL CREDIT. A
 CANDIDATE WHO FAILS TO ESTABLISH, BY APPROPRIATE DOCUMENTARY 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
 S. 6969                             6
 
 EXAMINATION IN WHICH A SUCCESSFUL CLAIMANT HAS RECEIVED  THE  ADDITIONAL
 CREDIT  GRANTED  BY  THIS  SECTION,  SUCH SUCCESSFUL CLAIMANT MAY ELECT,
 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.