Senate Bill S53B

2017-2018 Legislative Session

Relates to the availability of certain benefits to exonerees; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2017-S53 - Details

See Assembly Version of this Bill:
A3894
Current Committee:
Senate Judiciary
Law Section:
Court of Claims Act
Laws Affected:
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:
2015-2016: S7054, A9575
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-2024: S2558, A4867

2017-S53 - Summary

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

2017-S53 - Sponsor Memo

2017-S53 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    53
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, PERKINS -- 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, 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:
   §  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.
   §  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, are 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
              

2017-S53A - Details

See Assembly Version of this Bill:
A3894
Current Committee:
Senate Judiciary
Law Section:
Court of Claims Act
Laws Affected:
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:
2015-2016: S7054, A9575
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-2024: S2558, A4867

2017-S53A - Summary

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

2017-S53A - Sponsor Memo

2017-S53A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   53--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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:
   §  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.
   §  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, are 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-S53B (ACTIVE) - Details

See Assembly Version of this Bill:
A3894
Current Committee:
Senate Judiciary
Law Section:
Court of Claims Act
Laws Affected:
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:
2015-2016: S7054, A9575
2019-2020: S2914, A1003
2021-2022: S477, A34
2023-2024: S2558, A4867

2017-S53B (ACTIVE) - Summary

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

2017-S53B (ACTIVE) - Sponsor Memo

2017-S53B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   53--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  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. Section 8-b of the court of claims act is amended by adding
 a new subdivision 1-a to read as follows:
   1-A. WHEN USED IN THIS  SECTION,  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 THIS SECTION.
   §  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, are 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.