senate Bill S714

2013-2014 Legislative Session

Enacts the "coerced confession remediation act"

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 reported and committed to finance
Jan 08, 2014 referred to judiciary
Apr 16, 2013 reported and committed to finance
Jan 09, 2013 referred to judiciary

Votes

view votes

Jan 28, 2014 - Judiciary committee Vote

S714
17
0
committee
17
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Apr 16, 2013 - Judiciary committee Vote

S714
16
0
committee
16
Aye
0
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Co-Sponsors

S714 - Details

See Assembly Version of this Bill:
A8766
Law Section:
Court of Claims Act
Laws Affected:
Amd ยง8-b, Ct Claims Act
Versions Introduced in 2011-2012 Legislative Session:
S4634, A7004

S714 - 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.

S714 - Sponsor Memo

S714 - Bill Text download pdf

                    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

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