Assembly Bill A9575A

2015-2016 Legislative Session

Relates to the availability of certain benefits to exonerees; repealer

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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

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A9575 - Details

See Senate Version of this Bill:
S7054
Current Committee:
Assembly Ways And Means
Law Section:
Court of Claims Act
Laws Affected:
Add §8-c, amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3894, S53
2019-2020: A1003, S2914
2021-2022: A34, S477
2023-2024: A4867, S2558

2015-A9575 - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2015-A9575 - Bill Text download pdf

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

    S. 7054                                                  A. 9575

                      S E N A T E - A S S E M B L Y

                             March 21, 2016
                               ___________

IN SENATE -- Introduced by Sen. HOYLMAN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY -- Introduced by M. of A. QUART -- Multi-Sponsored by -- M.
  of A. ABINANTI -- read once and referred to the Committee on Judiciary

AN ACT to amend the court of claims act, the  public  housing  law,  the
  correction  law,  and the civil service law, in relation to the avail-
  ability of certain  benefits  to  exonerees;  and  to  repeal  certain
  provisions of the court of claims act relating thereto

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

  Section 1. The court of claims act is amended by adding a new  section
8-c to read as follows:
  S  8-C.  DEFINITIONS. WHEN USED IN THIS ACT, UNLESS OTHERWISE REQUIRED
BY THE CONTEXT, OR UNLESS A CONTRARY INTENT IS EXPRESSLY DECLARED IN THE
PROVISION TO BE CONSTRUED, THE TERM "EXONEREE"  SHALL  MEAN  ANY  PERSON
INCARCERATED  IN A STATE CORRECTIONAL FACILITY WHO IS RELEASED FROM SUCH
FACILITY BECAUSE THE JUDGMENT  OF  CONVICTION  AGAINST  HIM  OR  HER  IS
REVERSED OR VACATED AND THE ACCUSATORY INSTRUMENT IS DISMISSED.
  S  2.  Paragraph (d) of subdivision 5 and subdivision 7 of section 8-b
of the court of claims act are REPEALED.
  S 3. Section 8-b of the court of claims act is amended by adding elev-
en new subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 to  read
as follows:
  7.  ANY  EXONEREE  SHALL BE ENTITLED TO HAVE ALL RECORDS OF HIS OR HER
CONVICTION SEALED, WHICH SHALL MEAN THAT ALL OFFICIAL RECORDS AND PAPERS
RELATING TO THE ARRESTS, PROSECUTIONS, AND  CONVICTIONS,  INCLUDING  ALL
DUPLICATES  AND  COPIES  THEREOF,  ON FILE WITH THE DIVISION OF CRIMINAL
JUSTICE SERVICES OR ANY COURT SHALL BE SEALED AND NOT MADE AVAILABLE  TO
ANY PERSON OR PUBLIC OR PRIVATE AGENCY EXCEPT, UPON REQUEST, THE EXONER-
EE.
  8.  EXONEREES  SHALL  BE  ELIGIBLE FOR ALL BENEFITS ENUMERATED IN THIS
ARTICLE UNTIL THEIR DEATH. SUCH BENEFITS SHALL NOT  BE  PAYABLE  TO  THE
ESTATE OF AN EXONEREE.

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

co-Sponsors

multi-Sponsors

2015-A9575A (ACTIVE) - Details

See Senate Version of this Bill:
S7054
Current Committee:
Assembly Ways And Means
Law Section:
Court of Claims Act
Laws Affected:
Add §8-c, amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3894, S53
2019-2020: A1003, S2914
2021-2022: A34, S477
2023-2024: A4867, S2558

2015-A9575A (ACTIVE) - Summary

Relates to the availability of certain benefits and entitlements to exonerees.

2015-A9575A (ACTIVE) - Bill Text download pdf

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

                                 9575--A

                          I N  A S S E M B L Y

                             March 21, 2016
                               ___________

Introduced  by  M.  of  A. QUART, KIM, ZEBROWSKI, SIMOTAS, RYAN, WEPRIN,
  SEAWRIGHT, SIMON, STECK, JOYNER, TITONE,  DINOWITZ,  LAVINE,  SCHIMEL,
  SEPULVEDA  -- Multi-Sponsored by -- M. of A. ABINANTI -- read once and
  referred to the Committee on Judiciary -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the court of claims act, the  public  housing  law,  the
  correction  law,  and the civil service law, in relation to the avail-
  ability of certain  benefits  to  exonerees;  and  to  repeal  certain
  provisions of the court of claims act relating thereto

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

  Section 1. The court of claims act is amended by adding a new  section
8-c to read as follows:
  S  8-C.  DEFINITIONS. WHEN USED IN THIS ACT, UNLESS OTHERWISE REQUIRED
BY THE CONTEXT, OR UNLESS A CONTRARY INTENT IS EXPRESSLY DECLARED IN THE
PROVISION TO BE CONSTRUED, THE TERM "EXONEREE" SHALL MEAN ANY PERSON WHO
HAS BEEN GRANTED A JUDGMENT IN A CLAIM FOR UNJUST CONVICTION AND  IMPRI-
SONMENT UNDER SECTION EIGHT-B OF THIS ACT.
  S  2.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of
section 8-b of the court of claims act, as added by chapter 1009 of  the
laws of 1984, is amended to read as follows:
  (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 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] subdivi-
sion one of section 440.10 of the criminal procedure law; or (B)  subdi-
vision  [one  (where  based upon grounds set forth in item (A) hereof),]
two, three (where the count dismissed was the sole basis for the  impri-

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

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