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Senate Bill S8081

2021-2022 Legislative Session

Relates to proof of claims for unjust conviction and imprisonment

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2021-S8081 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Court of Claims Act
Laws Affected:
Amd §8-b, Ct Claims Act
Versions Introduced in Other Legislative Sessions:
2023-2024: S893
2025-2026: S2696

2021-S8081 (ACTIVE) - Summary

Relates to proof of claims for unjust conviction and imprisonment.

2021-S8081 (ACTIVE) - Sponsor Memo

2021-S8081 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8081
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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, in relation to proof of  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. Paragraph (b) of subdivision 5 of section 8-b of the  court
 of  claims act, as added by chapter 1009 of the laws of 1984, is amended
 to read as follows:
   (b) (i) he OR SHE has been pardoned upon the ground  of  innocence  of
 the  crime or crimes for which he OR SHE was sentenced and which are the
 grounds for the complaint; or (ii) his OR HER judgment of conviction was
 reversed or vacated, and the accusatory instrument dismissed  or,  if  a
 new  trial was ordered, either he OR SHE was found not guilty at the new
 trial or he OR  SHE  was  not  retried  and  the  accusatory  instrument
 dismissed;  provided  that  the  judgement of conviction was reversed or
 vacated, and the accusatory instrument was  dismissed,  on  any  of  the
 following  grounds: (A) paragraph (a), (b), (c), (e) [or], (g) OR (H) of
 subdivision one of section 440.10 of the criminal procedure law; or  (B)
 subdivision one (where based upon grounds set forth in item (A) hereof),
 two,  three (where the count dismissed was the sole basis for the impri-
 sonment complained of) or five of section 470.20 of the criminal  proce-
 dure  law;  or  (C) comparable provisions of the former code of criminal
 procedure or subsequent law; or (D) the statute, or application thereof,
 on which the accusatory instrument was based violated  the  constitution
 of the United States or the state of New York; and
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14449-01-2

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