senate Bill S7982

2017-2018 Legislative Session

Relates to claims for unjust conviction and imprisonment

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 15, 2018 referred to judiciary


S7982 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd §8-b, Ct Claims Act; add §13-a, Tax L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10169
2019-2020: S2074, A3978
2021-2022: S1143, S8072, A2087
2023-2024: A818

S7982 (ACTIVE) - Summary

Relates to claims for unjust conviction and imprisonment.

S7982 (ACTIVE) - Sponsor Memo

S7982 (ACTIVE) - Bill Text download pdf

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


                            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


  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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