|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|
senate Bill S714
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S714 - Details
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
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:
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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