senate Bill S2074

2019-2020 Legislative Session

Relates to claims for unjust conviction

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Sponsored By

Current 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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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
Sep 20, 2019 print number 2074a
Sep 20, 2019 amend (t) and recommit to judiciary
Jan 22, 2019 referred to judiciary

S2074 - Details

See Assembly Version of this Bill:
A3978
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
2017-2018: S7982, A5306

S2074 - Summary

Relates to claims for unjust conviction.

S2074 - Sponsor Memo

S2074 - Bill Text download pdf


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

                                  2074

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S2074A (ACTIVE) - Details

See Assembly Version of this Bill:
A3978
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
2017-2018: S7982, A5306

S2074A (ACTIVE) - Summary

Relates to claims for unjust conviction.

S2074A (ACTIVE) - Sponsor Memo

S2074A (ACTIVE) - Bill Text download pdf


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

                                 2074--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the court of claims act and the tax law, in relation to
  claims for unjust conviction; to amend the education law, in  relation
  to  establishing  wrongful  conviction  recovery  scholarships; and to
  amend the civil service law, in relation to allowing additional  cred-
  its for the wrongfully convicted

  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  "wrongful
conviction 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 legis-
lature 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] A PREPONDERANCE OF THE 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 exercising its discretion as permitted by  law  regarding  the
weight and admissibility of evidence submitted pursuant to this section,
shall,  in  the interest of justice, give due consideration to difficul-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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