Senate Bill S1143

2021-2022 Legislative Session

Relates to claims for unjust conviction

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance 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

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2021-S1143 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Finance
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: S7982, A5306
2019-2020: S2074, A3978
2023-2024: S6969, A818

2021-S1143 (ACTIVE) - Summary

Relates to claims for unjust conviction.

2021-S1143 (ACTIVE) - Sponsor Memo

2021-S1143 (ACTIVE) - Bill Text download pdf

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