S T A T E O F N E W Y O R K
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10797--A
I N A S S E M B L Y
April 1, 2026
___________
Introduced by M. of A. HOOKS, MEEKS -- read once and referred to the
Committee on Judiciary -- 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 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. 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 legisla-
ture 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 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 exercis-
ing its discretion as permitted by law regarding the weight and admissi-
bility of evidence submitted pursuant to this section, shall, in the
interest of justice, give due consideration to difficulties 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] SUCH PERSON did
not commit may, under the conditions hereinafter provided, present a
claim for damages against the state. In scheduling court appearances and
filing deadlines, the court shall give docket priority at each stage of
the proceeding to such claims for damages under this subdivision where
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05849-04-6
A. 10797--A 2
the claimant asserts proof of innocence through DNA evidence. Any
adjournments granted in the course of such a proceeding should be for as
short a time as is practicable.
3. In order to present the claim for unjust conviction and imprison-
ment, claimant must establish by documentary evidence that:
(a) [he has] THEY HAVE been convicted of one or more felonies or
misdemeanors against the state and subsequently sentenced to a term of
imprisonment, and has served all or any part of the sentence; and
(b) (i) [he has] THEY HAVE been pardoned upon the ground of innocence
of the crime or crimes for which [he was] THEY WERE sentenced and which
are the grounds for the complaint; or (ii) [his] THEIR judgment of
conviction was reversed or vacated, and the accusatory instrument
dismissed or, if a new trial was ordered, either [he was] THEY WERE
found not guilty at the new trial or [he was] THEY WERE 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) of subdivision one of section 440.10 of the criminal proce-
dure 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 imprisonment complained of) or five of section 470.20 of
the criminal procedure 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;
OR THEY HAVE HAD ONE OR MORE FELONIES AND MISDEMEANORS DISMISSED WITH
PREJUDICE FOLLOWING SERVING ALL OR PART OF THE SENTENCE; and
(c) [his] THEIR claim is not time-barred by the provisions of subdivi-
sion seven of this section.
4. The claim shall state facts in sufficient detail to permit the
court to find that claimant is likely to succeed at trial in proving
that (a) [he] THEY did not commit any of the acts charged in the accusa-
tory instrument OR CONVICTION or [his] THEIR acts or omissions charged
in the accusatory instrument OR CONVICTION did not constitute a felony
or misdemeanor against the state, and (b) [he] THEY did not by [his]
THEIR own conduct cause or bring about [his] THEIR conviction. The claim
shall be verified by the claimant. If the court finds after reading the
claim that claimant is not likely to succeed at trial, it shall dismiss
the claim, either on its own motion or on the motion of the state.
5. In order to obtain a judgment in [his] THEIR favor, claimant must
prove by clear and convincing evidence that:
(a) [he has] THEY HAVE been convicted of one or more felonies or
misdemeanors against the state and subsequently sentenced to a term of
imprisonment, and has served all or any part of the sentence; and
(b) (i) [he has] THEY HAVE been pardoned upon the ground of innocence
of the crime or crimes for which [he was] THEY WERE sentenced and which
are the grounds for the complaint; or (ii) [his] THEIR judgment of
conviction was reversed or vacated, and the accusatory instrument
dismissed or, if a new trial was ordered, either [he was] THEY WERE
found not guilty at the new trial or [he was] THEY WERE 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) of subdivision one of section 440.10 of the criminal proce-
dure law; or (B) subdivision one (where based upon grounds set forth in
item (A) hereof), two, three (where the count dismissed was the sole
A. 10797--A 3
basis for the imprisonment complained of) or five of section 470.20 of
the criminal procedure 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;
OR THEY HAVE HAD ONE OR MORE FELONIES AND MISDEMEANORS DISMISSED WITH
PREJUDICE FOLLOWING SERVING ALL OR PART OF THE SENTENCE; and
(c) [he] THEY did not commit any of the acts charged in the accusatory
instrument OR CONVICTION THAT CAUSED THEIR INCARCERATION or [his] THEIR
acts or omissions charged in the accusatory instrument OR CONVICTION did
not constitute a felony or misdemeanor against the state; and
(d) [he] THEY did not by [his] THEIR own conduct cause or bring about
[his] THEIR conviction BY PLEADING GUILTY TO THE CRIME THAT CAUSED THEIR
INCARCERATION.
6. If the court finds that the claimant is entitled to a judgment, it
shall award damages in such sum of money as the court determines will
fairly and reasonably compensate [him] THEM.
7. Any person claiming compensation under this section based on a
pardon that was granted before the effective date of this section or the
dismissal of an accusatory instrument OR CONVICTION that occurred before
the effective date of this section shall file [his] THEIR claim within
[two] FIVE years after the effective date of this section. Any person
claiming compensation under this section based on a pardon that was
granted on or after the effective date of this section or the dismissal
of an accusatory instrument OR CONVICTION that occurred on or after the
effective date of this section shall file [his] THEIR claim within [two]
FIVE years after the pardon or dismissal.
§ 2. This act shall take effect immediately.