Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 20, 2010 |
referred to judiciary |
Assembly Bill A11150
2009-2010 Legislative Session
Sponsored By
LANCMAN
Archive: Last Bill Status - In Assembly 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
2009-A11150 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7868
- Current Committee:
- Assembly Judiciary
- Law Section:
- Court of Claims Act
- Laws Affected:
- Amd §8-b, Ct Claims Act; add §440.70, CP L
2009-A11150 (ACTIVE) - Sponsor Memo
BILL NUMBER:A11150 TITLE OF BILL: An act to amend the court of claims act, in relation to claims for conviction; and to amend the criminal procedure law, in relation to the expungement of criminal records PURPOSE: The purpose of this bill is to try to assure that those who have suffered a wrongful conviction receive fair monetary compensation from the State without opening the State to liability for every over- turned conviction. SUMMARY OF PROVISIONS:Claims Act to modify the Section 1 of the bill amends §8-b of the Court of Claims Act to modify the standards for recovery by a claimant who has been exonerated. Section 2 of the bill requires expungement of the criminal records of a successful claimant. Section 3 of the bill provides the effective date. JUSTIFICATION: This is one of six bills that are based on the recommen- dations of the Task Force on Wrongful Convictions of the New York State Bar Association. That Task Force was created in 2008, and examined 53 cases where a
2009-A11150 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11150 I N A S S E M B L Y May 20, 2010 ___________ Introduced by M. of A. LANCMAN -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the court of claims act, in relation to claims for conviction; and to amend the criminal procedure law, in relation to the expungement of criminal records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 of section 8-b of the court of claims act is renumbered subdivision 8 and subdivision 4, paragraphs (c) and (d) of subdivision 5 and subdivision 6, as added by chapter 1009 of the laws of 1984, are amended and two new subdivisions 7 and 9 are added 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 did not commit any of the acts [charged in the accusatory instrument] SUBMITTED TO THE FACTFINDER or his acts or omissions charged in the accusatory instrument did not constitute a felony or misdemeanor against the state, and (b) he did not by his own conduct cause or bring about his conviction. A CONFESSION OR ADMISSION LATER FOUND TO BE FALSE, OR A PLEA OF GUILTY TO A CRIME THAT THE CLAIMANT DID NOT COMMIT, DOES NOT CONSTITUTE "CAUSING ONE'S CONVICTION" PURSUANT TO THIS SUBDIVI- SION. 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. (c) he did not commit any of the acts [charged in the accusatory instrument] SUBMITTED TO THE FACTFINDER or his acts or omissions charged in the accusatory instrument did not constitute a felony or misdemeanor against the state; and (d) he did not by his own conduct cause or bring about his conviction. CONVICTIONS RESULTING FROM ANY OF THE FOLLOWING SHALL NOT CONSTITUTE CONDUCT CAUSING OR BRINGING ABOUT HIS CONVICTION UNDER THIS ACT: (I) THE NEGLIGENCE OF HIS DEFENSE ATTORNEY; (II) A COERCED OR INVOLUNTARY CONFESSION; (III) THE UNCORROBORATED TESTIMONY OF A PERSON OTHER THAN A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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