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Senate Bill S2696

2025-2026 Legislative Session

Relates to proof of claims for unjust conviction and imprisonment

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Current Bill Status - In Senate Committee Finance Committee

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2025-S2696 (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
2023-2024: S893

2025-S2696 (ACTIVE) - Summary

Relates to proof of claims for unjust conviction and imprisonment.

2025-S2696 (ACTIVE) - Sponsor Memo

2025-S2696 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2696
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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] THE CLAIMANT has been pardoned upon the ground  of  inno-
 cence  of  the crime or crimes for which [he] THE CLAIMANT was sentenced
 and which are the grounds for the complaint; or (ii)  [his]  THE  CLAIM-
 ANT'S judgment of conviction was reversed or vacated, and the accusatory
 instrument  dismissed  or,  if  a new trial was ordered, either [he] THE
 CLAIMANT was found not guilty at the new trial or [he] 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 crimi-
 nal 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 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;
 and
   §  2.  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06090-01-5
 S. 2696                             2

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