Assembly Actions -
Senate Actions - UPPERCASE
|May 11, 2021||
reported and committed to finance
|Jan 07, 2021||
referred to judiciary
Senate Bill S1143
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S1143 (ACTIVE) - Details
2021-S1143 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1143 SPONSOR: BENJAMIN TITLE OF BILL: 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 credits for the wrongfully convicted 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."
2021-S1143 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1143 2021-2022 Regular Sessions I N S E N A T E January 7, 2021 ___________ Introduced by Sens. BENJAMIN, HOYLMAN, MYRIE, SALAZAR -- 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; 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.
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