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Assembly Bill A2860

2019-2020 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 - On Floor Calendar

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2019-A2860 (ACTIVE) - Details

Law Section:
Judiciary
Versions Introduced in Other Legislative Sessions:
2009-2010: A2705
2011-2012: A773
2013-2014: A89
2015-2016: A577
2017-2018: A64

2019-A2860 (ACTIVE) - Summary

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

2019-A2860 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2860
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Judiciary
 
 AN ACT  to  authorize  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.
   ยง 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00141-01-9

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