NY State Senate Bill 2017-S7982

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2018	referred to judiciary

co-Sponsors

2017-S7982 (ACTIVE) - Details

See Assembly Version of this Bill:: A5306
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: S6969, A818

2017-S7982 (ACTIVE) - Summary

Relates to claims for unjust conviction and imprisonment.

2017-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.

Section 3 adds a new section 13-a to the tax law. This section exempts
cash awards granted under this section to be exempt from taxation.

Section 4 provides an effective date.

 
JUSTIFICATION:

There have been approximately 1,810 exonerations of wrongfully convicted
individuals nationwide since 1989; 214 of them in New York State. Of
those exonerated in New York, 38 were based on DNA evidence, eight of
which occurred in the past 5 years. There have also been exonerations in
non-DNA cases involving false confessions, eyewitness error, false
evidence, and police, prosecutor or judicial misconduct. In New York
State, the total years served for those who were exonerated was in
excess of 2,000, averaging 9.74 years in prison per person for crimes
they did not commit. In 2014, the Brooklyn DA created the Conviction
Review Unit (CRU), which has exonerated 20 people through 2016.

One of the most recent set of exonerations from the CRU involved three
men who were found guilty of starting a fire that killed a mother and
her five children in 1980 inside a Park Slope brownstone. The CRU
"concluded that the single eyewitness who connected them to the crime
was a habitual liar who recanted on her death bed" and that the science
used to determine that the fire was arson was in fact junk science.
Current fire experts determined that the fire was probably accidental.
Two of the exonerated defendants served over 30 years each in prison and
the third died behind bars.

People who are wrongfully convicted often spend decades in prison and
emerge with no money and few job skills, have not worked long enough to
receive social security benefits, and have little or no financial
support from family or friends. They may need extensive therapy, have
medical issues, or simply be too old to participate significantly in the
work force. It is imperative that the State compensate these individuals
for the time they have been wrongfully incarcerated and give them the
ability to make a fresh start in the years remaining to them. This bill
would give the Court of Claims the authority to provide broad financial

relief to such individuals and to give them health benefits and access
to re-entry programs.

 
PRIOR LEGISLATIVE HISTORY:

2016: A10169-A Referred to judiciary.
2017: A5306- Referred to Judiciary.
2018: A5306-A Referred to Judiciary.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-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

                       [ ] is old law to be omitted.
                                                            LBD08758-04-8

 S. 7982                             2
 
 the  proceeding  to such claims for damages under this subdivision where
 the claimant asserts  proof  of  innocence  through  DNA  evidence.  Any
 adjournments granted in the course of such a proceeding should be for as
 short a time as is practicable.
   3.  In  order to present the claim for unjust conviction and imprison-
 ment, claimant must establish by documentary 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
   (b)  (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]  JUDGMENT  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) OR
 (G-1) of subdivision one of section 440.10  of  the  criminal  procedure
 law; or (B) subdivision one (where based upon grounds set forth in [item
 (A)  hereof]  CLAUSE  (A)  OF  THIS SUBPARAGRAPH), two, three (where the
 count dismissed was the sole basis for the imprisonment  complained  of)
 or five of section 470.20 of the criminal procedure law; or (C) compara-
 ble  provisions  of  the former code of criminal procedure or subsequent
 law; or (D) the statute, or application thereof, on which the accusatory
 instrument was based violated the constitution of the United  States  or
 the state of New York; and
   (c)  his OR HER claim is not time-barred by the provisions of subdivi-
 sion seven of this section.
   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. 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
   (b)  (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]  JUDGMENT  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) OR
 (G-1) of subdivision one of section 440.10  of  the  criminal  procedure
 law; or (B) subdivision one (where based upon grounds set forth in [item
 (A)  hereof]  CLAUSE  (A)  OF  THIS SUBPARAGRAPH), two, three (where the

 S. 7982                             3
 
 count dismissed was the sole basis for the imprisonment  complained  of)
 or five of section 470.20 of the criminal procedure law; or (C) compara-
 ble  provisions  of  the former code of criminal procedure or subsequent
 law; or (D) the statute, or application thereof, on which the accusatory
 instrument  was  based violated the constitution of the United States or
 the state of New York; and
   (c) he OR SHE did not commit any of the acts HE OR SHE  WAS  CONVICTED
 OF  OR HIS OR HER ACTS OR OMISSIONS charged in the accusatory instrument
 or [his acts or omissions charged in the accusatory instrument] THAT ANY
 SUCH ACTS did not constitute a felony or misdemeanor against the  state;
 [and]
   (d)  he  OR SHE did not by his OR HER own conduct cause or bring about
 his OR HER conviction; AND
   (E) HE OR SHE WAS NOT UNDER SENTENCE FOR A SEPARATE CRIME  DURING  THE
 PERIOD OF TIME FOR WHICH COMPENSATION IS SOUGHT.
   6.  If the court finds that the claimant is entitled to a judgment, it
 shall award damages in [such] THE sum  of  [money]  NOT  LESS  THAN  ONE
 MILLION  DOLLARS  FOR  EACH  YEAR  OF  INCARCERATION AND SUCH ADDITIONAL
 DAMAGES as the court determines will fairly  and  reasonably  compensate
 him OR HER.  SUCH ADDITIONAL DAMAGES MAY INCLUDE, BUT NEED NOT BE LIMIT-
 ED TO THE FOLLOWING:
   (A) COMPENSATION FOR LOST WAGES;
   (B)  REIMBURSEMENT  FOR  LEGAL  FEES  EXPENDED  FOR THE DEFENSE OF THE
 CONVICTED PERSON AT TRIAL AND UPON APPEAL;
   (C) MEDICAL EXPENSES, INCLUDING THERAPY;
   (D) ENROLLMENT IN THE HEALTH  BENEFIT  PLAN  ESTABLISHED  PURSUANT  TO
 SECTION ONE HUNDRED SIXTY-ONE OF THE CIVIL SERVICE LAW. THE FULL COST OF
 PREMIUM  OR  SUBSCRIPTION CHARGES FOR SUCH COVERAGE SHALL BE PAID BY THE
 STATE;
   (E) EDUCATIONAL ASSISTANCE INCLUDING:
   (I) FREE TUITION FOR THE CLAIMANT AND FOR ANY OF THE CLAIMANT'S  CHIL-
 DREN FOR ATTENDING A STATE UNIVERSITY OR COLLEGE;
   (II) FREE TUITION OR REIMBURSEMENT OF TUITION FOR THE CLAIMANT AND FOR
 ANY  OF  THE  CLAIMANT'S  CHILDREN  FOR  ATTENDING  A CUNY UNIVERSITY OR
 COLLEGE; AND
   (III) FREE TUITION AT A STATE FUNDED  VOCATIONAL  PROGRAM  AND/OR  JOB
 SKILLS PROGRAM FOR THE CLAIMANT AND FOR ANY OF THE CLAIMANT'S CHILDREN;
   (F)  REIMBURSEMENT  OF ANY CHILD-SUPPORT ARREARS THAT ACCRUED AND WERE
 PAID, INCLUDING REIMBURSEMENT TO THE CUSTODIAL PARENT OF THE  AMOUNT  HE
 OR  SHE  WAS  RECEIVING PRIOR TO THE INCARCERATION IF IT WAS MODIFIED BY
 VIRTUE OF THE CLAIMANT'S INCARCERATION;
   (G) TREATMENT AS VETERANS FOR  PURPOSES  OF  RECEIVING  THE  FOLLOWING
 BENEFITS:
   (I)  ACCESS TO THE HOMES FOR VETERANS PROGRAM, WHICH OFFERS FIXED-RATE
 MORTGAGES WITH INTEREST RATES ONE-HALF PERCENT BELOW THE INTEREST  RATES
 CHARGED ON SONYMA MORTGAGES, WITH CLOSING COST ASSISTANCE; AND
   (II)  ELIGIBILITY  FOR APPOINTMENT TO NON-COMPETITIVE STATE EMPLOYMENT
 POSITIONS PURSUANT TO SECTIONS  FIFTY-FIVE-B  AND  FIFTY-FIVE-C  OF  THE
 CIVIL  SERVICE  LAW. THOSE EMPLOYEES HIRED UNDER THIS SUBPARAGRAPH SHALL
 BE AFFORDED THE SAME OPPORTUNITY TO  TAKE  PROMOTIONAL  EXAMINATIONS  AS
 PROVIDED TO EMPLOYEES IN THE COMPETITIVE CLASS.
   7.  Any  person  claiming  compensation  under this section based on a
 pardon that was granted before the effective date of this section or the
 dismissal of an accusatory instrument that occurred before the effective
 date of THE CHAPTER OF THE LAWS OF TWO THOUSAND  EIGHTEEN  THAT  AMENDED
 this  section  shall  file his OR HER claim within two years after [the]

 S. 7982                             4
 
 SUCH effective date [of this section].  Any person claiming compensation
 under this section based on a pardon that was granted on  or  after  the
 effective date of this section or the dismissal of an accusatory instru-
 ment  that occurred on or after the effective date of THE CHAPTER OF THE
 LAWS OF TWO THOUSAND EIGHTEEN THAT AMENDED this section shall  file  his
 OR HER claim within [two] THREE years after the pardon or dismissal.
   8.  THE  CLAIMANT  SHALL  BE  ENTITLED  TO  REASONABLE ATTORNEY'S FEES
 INCURRED IN THE PROCESS OF VACATING OR REVERSING  HIS  OR  HER  CRIMINAL
 CONVICTION.  THE  CLAIMANT  MAY  PETITION THE COURT OF CLAIMS IN SEEKING
 REASONABLE ATTORNEY'S FEES AGAINST THE STATE PURSUANT TO  THIS  SECTION.
 ANY AWARD OF ATTORNEY'S FEES SHALL BE REIMBURSABLE BY THE STATE.
   9.  ANY  AWARD  OF  DAMAGES PURSUANT TO THE PROVISIONS OF THIS SECTION
 SHALL BE EXEMPT FROM INCOME TAX TO THE EXTENT PROVIDED IN SECTION  THIR-
 TEEN-A OF THE TAX LAW.
   §  3.  The  tax law is amended by adding a new section 13-a to read as
 follows:
   § 13-A. EXEMPTION FROM TAXATION FOR PERSONS WRONGFULLY  CONVICTED  AND
 IMPRISONED. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, DAMAGE
 AWARD  AMOUNTS  RECEIVED,  INCLUDING  ACCUMULATED  INTEREST,  BY PERSONS
 WRONGFULLY CONVICTED AND IMPRISONED AS PROVIDED IN  SECTION  EIGHT-B  OF
 THE COURT OF CLAIMS ACT, WHETHER OR NOT INCLUDABLE IN INCOME FOR FEDERAL
 INCOME  TAX  PURPOSES,  SHALL  BE  EXEMPT FROM ALL STATE AND LOCAL TAXES
 IMPOSED ON OR MEASURED BY INCOME; PROVIDED HOWEVER, THAT THIS  EXEMPTION
 SHALL  NOT  APPLY  TO  AMOUNTS  RECEIVED  FROM ASSETS ACQUIRED WITH SUCH
 ASSETS OR WITH THE PROCEEDS FROM THE SALE OF SUCH ASSETS.
   § 4. This act shall take effect immediately.

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Senate Bill S7982

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2017-S7982 (ACTIVE) - Details

2017-S7982 (ACTIVE) - Summary

2017-S7982 (ACTIVE) - Sponsor Memo

2017-S7982 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7982

Share this bill

Sponsored By

Jesse Hamilton

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Brian Benjamin

Luis R. Sepúlveda

2017-S7982 (ACTIVE) - Details

2017-S7982 (ACTIVE) - Summary

2017-S7982 (ACTIVE) - Sponsor Memo

2017-S7982 (ACTIVE) - Bill Text download pdf

Comments