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Senate Bill S310

2015-2016 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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2015-S310 (ACTIVE) - Details

See Assembly Version of this Bill:
A577
Current Committee:
Senate Judiciary
Law Section:
Judiciary
Versions Introduced in Other Legislative Sessions:
2009-2010: A2705
2011-2012: A773
2013-2014: S7285, A89
2017-2018: S788, A64
2019-2020: A2860

2015-S310 (ACTIVE) - Summary

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

2015-S310 (ACTIVE) - Sponsor Memo

2015-S310 (ACTIVE) - Bill Text download pdf 

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

                                   310

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD01905-01-5

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