senate Bill S714

Enacts the "coerced confession remediation act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 16 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 28 / Jan / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Enacts the "coerced confession remediation act"; relates to exclusion of statements made or provided by a claimant in the course of a custodial interrogation.

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Bill Details

See Assembly Version of this Bill:
A8766
Versions:
S714
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Court of Claims Act
Laws Affected:
Amd ยง8-b, Ct Claims Act
Versions Introduced in 2011-2012 Legislative Cycle:
S4634, A7004

Sponsor Memo

BILL NUMBER:S714

TITLE OF BILL:
An act to amend the court of claims act, in relation to enactment of the
coerced confession remediation act

PURPOSE:
To ensure that innocent persons who have
been wrongfully convicted of a crime will not be barred from due
compensation because they made a coerced confession during the
investigation or prosecution of the crime.

SUMMARY OF PROVISIONS:
Section 1 titles the bill the "coerced confession remediation act."

Section 2 amends subdivisions 4 and 5 of section 8-b of the court of
claims act to allow that when a wrongfully imprisoned person submits a
claim for damages to the state such claim will not be barred because of
any allegedly inculpatory statement made or provided by the claimant to
the authorities who investigated or prosecuted the claimant, unless such
statement was intentionally made or provided in order to impede the
investigation or prosecution.

Section 3 provides for the act to take effect immediately.

JUSTIFICATION:
The state's Unjust Conviction and Imprisonment Act bars wrongfully
convicted individuals from suing the state for damages when an
individual did "by his own conduct" cause or bring about his conviction.
This has been understood to bar recovery where the individual confessed
to the crime. The recent New York Court of Appeals decision Warney v.
New York allowed an unjustly convicted man to sue the state for damages
where he alleged that his confession was coerced, provided that his
proof of coercion withstood scrutiny at later stages in the proceedings.

In fact, the likelihood of an innocent person confessing to a crime
without coercion is just about nil. The phenomena of manipulated
confessions are startlingly widespread and examples of false confessions
are unfortunately common. For example, a 2008 study of the country's 200
first post-conviction DNA exonerations (from 1989 to 2007) showed that
169 confessed to serious crimes like murder and rape that we now know
using DNA evidence they did not commit.

Nor are coerced confessions necessarily the product of actual or
threatened physical abuse. A 1997 study found that as interrogation
methods become more sophisticated and rely less on physical fore, and
more on psychological tactics, subjects are often manipulated into
believing confessing is in their best interest. Innocent people do not
confess to crimes they did not commit unless they are coerced and a
false confession should never be a bar to a wrongly imprisoned person's
right to compensation.

LEGISLATIVE HISTORY:
S.4634 of 2011-2012 - Referred to Judiciary

FISCAL IMPACT:


Negligible.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   714

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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, in relation to enactment of the
  coerced confession remediation act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "coerced confession remediation act".
  S 2. Subdivisions 4 and 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:
  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, EXCLUDING ANY  ALLEGEDLY  INCULPATORY
STATEMENT MADE OR PROVIDED BY THE CLAIMANT TO THE AUTHORITIES WHO INVES-
TIGATED  OR PROSECUTED CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED IN
ORDER TO IMPEDE THE INVESTIGATION OR PROSECUTION.   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 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 imprison-
ment, and has served all or any part of the sentence; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04678-01-3

S. 714                              2

  (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) he OR SHE did not commit any of the acts charged in the accusatory
instrument or his OR HER acts or omissions  charged  in  the  accusatory
instrument 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, EXCLUDING  ANY  ALLEGEDLY  INCULPATORY  STATEMENT
MADE  OR PROVIDED BY THE CLAIMANT TO THE AUTHORITIES WHO INVESTIGATED OR
PROSECUTED THE CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED  IN  ORDER
TO IMPEDE THE INVESTIGATION OR PROSECUTION.
  S 3. This act shall take effect immediately.

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