| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 30, 2024 |
reported and committed to finance |
| Jan 03, 2024 |
referred to judiciary |
| May 24, 2023 |
print number 893a |
| May 24, 2023 |
amend and recommit to finance |
| May 09, 2023 |
reported and committed to finance |
| Jan 09, 2023 |
referred to judiciary |
Senate Bill S893A
2023-2024 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
Actions
Votes
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 Other Legislative Sessions:
-
2021-2022:
S8081
2025-2026: S2696
2023-S893 - Sponsor Memo
BILL NUMBER: S893
SPONSOR: HOYLMAN
TITLE OF BILL:
An act to amend the court of claims act, in relation to proof of claims
for unjust conviction and imprisonment
PURPOSE:
To allow for claims for unjust conviction based upon actual innocence.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Court of Claims Act § 8-b to make it gender neutral and
to authorize a claimant to bring a wrongful conviction claim when the
conviction was reversed or vacated due to actual innocence.
Section two provides the effective date.
JUSTIFICATION:
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 Other Legislative Sessions:
-
2021-2022:
S8081
2025-2026: S2696
2023-S893A (ACTIVE) - Sponsor Memo
BILL NUMBER: S893A
SPONSOR: HOYLMAN-SIGAL
TITLE OF BILL:
An act to amend the court of claims act, in relation to proof of claims
for unjust conviction and imprisonment
PURPOSE:
To allow for claims for unjust conviction based upon actual innocence.
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 2 amend Court of Claims Act § 8-b to make it gender
neutral and to authorize a claimant to bring a wrongful conviction claim
when the conviction was reversed or vacated due to actual innocence.
Section three provides the effective date.
JUSTIFICATION:
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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