|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 15, 2018||referred to judiciary|
senate Bill S7982
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7982 (ACTIVE) - Details
S7982 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7982 SPONSOR: HAMILTON TITLE OF BILL: An act to amend the court of claims act and the tax law, in relation to claims for unjust conviction and imprisonment PURPOSE: To provide compensation and other benefits in the Court of Claims for people who have been wrongfully convicted and incarcerated in New York State. SUMMARY OF PROVISIONS: Section 1 names this act "the wrongfully convicted recovery act." Section 2 amends section 8-b of the court of claims act to establish remedies for responding to claims for unjust conviction and imprison- ment, and to establish conditions under which a person is eligible for remedies under this section.
S7982 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7982 I N S E N A T E March 15, 2018 ___________ Introduced by Sen. HAMILTON -- 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 and the tax law, in relation to claims for unjust conviction and imprisonment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "wrongfully convicted recovery act". § 2. Section 8-b of the court of claims act, as added by chapter 1009 of the laws of 1984, subdivision 2 as amended by chapter 210 of the laws of 2007, is amended to read as follows: § 8-b. Claims for unjust conviction and imprisonment. 1. The legisla- ture finds and declares that innocent persons who have been wrongly convicted of crimes and subsequently imprisoned have been frustrated in seeking legal redress due to a variety of substantive and technical obstacles in the law and that such persons should have an available avenue of redress over and above the existing tort remedies to seek compensation for damages. The legislature intends by enactment of the provisions of this section that those innocent persons who can demon- strate by clear and convincing evidence that they were unjustly convicted and imprisoned be able to recover damages against the state. In light of the substantial burden of proof that must be carried by such persons, it is the intent of the legislature that the court, in exercis- ing its discretion as permitted by law regarding the weight and admissi- bility of evidence submitted pursuant to this section, shall, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by such persons or those acting on their behalf. 2. Any person convicted and subsequently imprisoned for one or more felonies or misdemeanors against the state which he OR SHE did not commit may, under the conditions hereinafter provided, present a claim for damages against the state. In scheduling court appearances and filing deadlines, the court shall give docket priority at each stage of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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