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Assembly Bill A2705

2009-2010 Legislative Session

Permits certain persons to commence an action for unjust conviction in the court of claims

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-A2705 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Judiciary
Versions Introduced in Other Legislative Sessions:
2011-2012: A773
2013-2014: A89
2015-2016: A577
2017-2018: A64
2019-2020: A2860

2009-A2705 (ACTIVE) - Summary

Permits certain persons to commence an action for unjust conviction in the court of claims.

2009-A2705 (ACTIVE) - Bill Text download pdf 

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

                                  2705

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. GANTT -- Multi-Sponsored by -- M. of A. BOYLAND
  -- read once and referred to the Committee on Judiciary

AN ACT in relation to permitting certain persons to  file  a  claim  for
  unjust conviction in the court of claims

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

  Section 1. Notwithstanding any other  provision  of  law,  any  action
commenced  by  the  filing  of a claim in the office of the clerk of the
court of claims on March 25, 1999 and amended on May 26, 1999 which  was
brought  by  a  claimant whose second degree murder conviction was over-
turned on May 21, 1998 and whose court of claims  action  was  dismissed
solely  because such conviction has been determined to have been vacated
pursuant to paragraph (f) of subdivision 1  of  section  440.10  of  the
criminal  procedure  law  is hereby revived and a claim may be commenced
and brought to judgment, provided such claim is commenced within 90 days
after the effective date of this act. Such action shall not be dismissed
solely based on the  grounds  that  claimant's  conviction  was  vacated
pursuant  to  paragraph  (f)  of  subdivision 1 of section 440.10 of the
criminal procedure law.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06004-01-9

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