Senate Bill S893A

2023-2024 Legislative Session

Relates to proof of claims for unjust conviction and imprisonment

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Current 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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Bill Amendments

2023-S893 - Details

Current Committee:
Senate Finance
Law Section:
Court of Claims Act
Laws Affected:
Amd §8-b, Ct Claims Act
Versions Introduced in 2021-2022 Legislative Session:
S8081

2023-S893 - Summary

Relates to proof of claims for unjust conviction and imprisonment.

2023-S893 - Sponsor Memo

2023-S893 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    893
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 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.
                                                            LBD03656-01-3

2023-S893A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Court of Claims Act
Laws Affected:
Amd §8-b, Ct Claims Act
Versions Introduced in 2021-2022 Legislative Session:
S8081

2023-S893A (ACTIVE) - Summary

Relates to proof of claims for unjust conviction and imprisonment.

2023-S893A (ACTIVE) - Sponsor Memo

2023-S893A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  893--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 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 3 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03656-02-3
 S. 893--A                           2

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