assembly Bill A2087

2021-2022 Legislative Session

Relates to claims for unjust conviction

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Current Bill Status - In Assembly 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2021 referred to judiciary

Co-Sponsors

A2087 (ACTIVE) - Details

See Senate Version of this Bill:
S1143
Current Committee:
Assembly Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd §8-b, Ct Claims Act; amd §612, Tax L; add §668-h, Ed L; add §85-d, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10169
2017-2018: A5306, S7982
2019-2020: A3978, S2074

A2087 (ACTIVE) - Summary

Relates to claims for unjust conviction.

A2087 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2087
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of A. AUBRY, FERNANDEZ, BARRON, DICKENS -- read once
   and referred 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; 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-
 ties of proof caused by the passage of time, the death or unavailability
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00446-01-1