Senate Bill S9768

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9768
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06090-01-5
 S. 9768                             2
 
 instrument  dismissed  or,  if  a new trial was ordered, either [he] THE
 CLAIMANT was found not guilty at the new trial or [he] THE CLAIMANT  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 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
   § 3. This act shall take effect immediately.