Bill Text: NY S00893 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to proof of claims for unjust conviction and imprisonment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-30 - REPORTED AND COMMITTED TO FINANCE [S00893 Detail]

Download: New_York-2023-S00893-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         893--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     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:

     1    Section 1. Paragraph (b) of subdivision 3 of section 8-b of the  court
     2  of  claims act, as added by chapter 1009 of the laws of 1984, is amended
     3  to read as follows:
     4    (b) (i) he or she has been pardoned upon the ground  of  innocence  of
     5  the  crime or crimes for which he or she was sentenced and which are the
     6  grounds for the complaint; or (ii) his or her judgment of conviction was
     7  reversed or vacated, and the accusatory instrument dismissed  or,  if  a
     8  new  trial was ordered, either he or she was found not guilty at the new
     9  trial or he or  she  was  not  retried  and  the  accusatory  instrument
    10  dismissed;  provided  that  the  judgement of conviction was reversed or
    11  vacated, and the accusatory instrument was  dismissed,  on  any  of  the
    12  following  grounds: (A) paragraph (a), (b), (c), (e) [or], (g) or (h) of
    13  subdivision one of section 440.10 of the criminal procedure law; or  (B)
    14  subdivision one (where based upon grounds set forth in item (A) hereof),
    15  two,  three (where the count dismissed was the sole basis for the impri-
    16  sonment complained of) or five of section 470.20 of the criminal  proce-
    17  dure  law;  or  (C) comparable provisions of the former code of criminal
    18  procedure or subsequent law; or (D) the statute, or application thereof,
    19  on which the accusatory instrument was based violated  the  constitution
    20  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

     1    §  2.  Paragraph  (b)  of subdivision 5 of section 8-b of the court of
     2  claims act, as added by chapter 1009 of the laws of 1984, is amended  to
     3  read as follows:
     4    (b)  (i)  he  or she has been pardoned upon the ground of innocence of
     5  the crime or crimes for which he or she was sentenced and which are  the
     6  grounds for the complaint; or (ii) his or her judgment of conviction was
     7  reversed  or  vacated,  and the accusatory instrument dismissed or, if a
     8  new trial was ordered, either he or she was found not guilty at the  new
     9  trial  or  he  or  she  was  not  retried  and the accusatory instrument
    10  dismissed; provided that the judgement of  conviction  was  reversed  or
    11  vacated,  and  the  accusatory  instrument  was dismissed, on any of the
    12  following grounds: (A) paragraph (a), (b), (c), (e) [or], (g) or (h)  of
    13  subdivision  one of section 440.10 of the criminal procedure law; or (B)
    14  subdivision one (where based upon grounds set forth in item (A) hereof),
    15  two, three (where the count dismissed was the sole basis for the  impri-
    16  sonment  complained of) or five of section 470.20 of the criminal proce-
    17  dure law; or (C) comparable provisions of the former  code  of  criminal
    18  procedure or subsequent law; or (D) the statute, or application thereof,
    19  on  which  the accusatory instrument was based violated the constitution
    20  of the United States or the state of New York; and
    21    § 3. This act shall take effect immediately.