|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 24, 2022||referred to judiciary|
senate Bill S8072
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8072 (ACTIVE) - Details
S8072 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8072 SPONSOR: CLEARE 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: Sets forth the name of this act as the "wrongful conviction recovery act."
S8072 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8072 I N S E N A T E January 24, 2022 ___________ Introduced by Sen. CLEARE -- 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 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.
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