Bill Text: NY S05824 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 5824

Introduced

Bill Title: Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence that: he or she has 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 he or she has had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and his or her claim is not time-barred.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S05824 Detail]

Download: New_York-2023-S05824-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          5824

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 17, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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  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. Section 8-b of the court of claims act, as added by chapter
     2  1009 of the laws of 1984, subdivision 2 as amended by chapter 210 of the
     3  laws of 2007, is amended to read as follows:
     4    § 8-b. Claims for unjust conviction and imprisonment. 1. The  legisla-
     5  ture  finds  and  declares  that  innocent persons who have been wrongly
     6  convicted of crimes and subsequently imprisoned have been frustrated  in
     7  seeking  legal  redress  due  to  a variety of substantive and technical
     8  obstacles in the law and that such  persons  should  have  an  available
     9  avenue  of  redress  over  and  above the existing tort remedies to seek
    10  compensation for damages. The legislature intends by  enactment  of  the
    11  provisions  of  this  section that those innocent persons who can demon-
    12  strate  by  clear  and  convincing  evidence  that  they  were  unjustly
    13  convicted  and  imprisoned be able to recover damages against the state.
    14  In light of the substantial burden of proof that must be carried by such
    15  persons, it is the intent of the legislature that the court, in exercis-
    16  ing its discretion as permitted by law regarding the weight and admissi-
    17  bility of evidence submitted pursuant to this  section,  shall,  in  the
    18  interest  of  justice,  give  due consideration to difficulties of proof
    19  caused by the passage of time, the death or unavailability of witnesses,
    20  the destruction of evidence or other factors not caused by such  persons
    21  or those acting on their behalf.
    22    2.  Any  person  convicted and subsequently imprisoned for one or more
    23  felonies or misdemeanors against the state  which  he  or  she  did  not
    24  commit  may,  under the conditions hereinafter provided, present a claim
    25  for damages against the  state.  In  scheduling  court  appearances  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09234-02-3

        S. 5824                             2

     1  filing  deadlines, the court shall give docket priority at each stage of
     2  the proceeding to such claims for damages under this  subdivision  where
     3  the  claimant  asserts  proof  of  innocence  through  DNA evidence. Any
     4  adjournments granted in the course of such a proceeding should be for as
     5  short a time as is practicable.
     6    3.  In  order to present the claim for unjust conviction and imprison-
     7  ment, claimant must establish by documentary evidence that:
     8    (a) he or she has been convicted of one or more felonies or  misdemea-
     9  nors against the state and subsequently sentenced to a term of imprison-
    10  ment, and has served all or any part of the sentence; and
    11    (b)  [(i)]  he  [has been pardoned upon the ground of innocence of the
    12  crime or crimes for which he was sentenced and which are the grounds for
    13  the complaint; or (ii)  his  judgment  of  conviction  was  reversed  or
    14  vacated,  and the accusatory instrument dismissed or, if a new trial was
    15  ordered, either he was found not guilty at the new trial or he  was  not
    16  retried  and  the  accusatory  instrument  dismissed;  provided that the
    17  judgement of conviction was reversed  or  vacated,  and  the  accusatory
    18  instrument was dismissed, on any of the following grounds: (A) paragraph
    19  (a),  (b),  (c),  (e) or (g) of subdivision one of section 440.10 of the
    20  criminal procedure law; or (B) subdivision one (where based upon grounds
    21  set forth in item (A) hereof), two, three (where the count dismissed was
    22  the sole basis for the imprisonment complained of) or  five  of  section
    23  470.20  of  the  criminal procedure law; or (C) comparable provisions of
    24  the former code of criminal procedure or  subsequent  law;  or  (D)  the
    25  statute,  or application thereof, on which the accusatory instrument was
    26  based violated the constitution of the United States or the state of New
    27  York] or she has had one or more  felonies  and  misdemeanors  dismissed
    28  with prejudice following serving all or part of the sentence; and
    29    (c)  his or her claim is not time-barred by the provisions of subdivi-
    30  sion seven of this section.
    31    4. The claim shall state facts in  sufficient  detail  to  permit  the
    32  court  to  find  that  claimant is likely to succeed at trial in proving
    33  that (a) he or she did not commit any of the acts charged in the accusa-
    34  tory instrument or conviction or his or her acts or omissions charged in
    35  the accusatory instrument or conviction did not constitute a  felony  or
    36  misdemeanor  against  the state, and (b) he or she did not by his or her
    37  own conduct cause or bring about his or her conviction. The claim  shall
    38  be  verified by the claimant. If the court finds after reading the claim
    39  that claimant is not likely to succeed at trial, it  shall  dismiss  the
    40  claim, either on its own motion or on the motion of the state.
    41    5.  In  order  to obtain a judgment in his or her favor, claimant must
    42  prove by clear and convincing evidence that:
    43    (a) he or she has been convicted of one or more felonies or  misdemea-
    44  nors against the state and subsequently sentenced to a term of imprison-
    45  ment, and has served all or any part of the sentence; and
    46    (b)  [(i)]  he  [has been pardoned upon the ground of innocence of the
    47  crime or crimes for which he was sentenced and which are the grounds for
    48  the complaint; or (ii)  his  judgment  of  conviction  was  reversed  or
    49  vacated,  and the accusatory instrument dismissed or, if a new trial was
    50  ordered, either he was found not guilty at the new trial or he  was  not
    51  retried  and  the  accusatory  instrument  dismissed;  provided that the
    52  judgement of conviction was reversed  or  vacated,  and  the  accusatory
    53  instrument was dismissed, on any of the following grounds: (A) paragraph
    54  (a),  (b),  (c),  (e) or (g) of subdivision one of section 440.10 of the
    55  criminal procedure law; or (B) subdivision one (where based upon grounds
    56  set forth in item (A) hereof), two, three (where the count dismissed was

        S. 5824                             3

     1  the sole basis for the imprisonment complained of) or  five  of  section
     2  470.20  of  the  criminal procedure law; or (C) comparable provisions of
     3  the former code of criminal procedure or  subsequent  law;  or  (D)  the
     4  statute,  or application thereof, on which the accusatory instrument was
     5  based violated the constitution of the United States or the state of New
     6  York] or she has had one or more  felonies  and  misdemeanors  dismissed
     7  with prejudice following serving all or part of the sentence; and
     8    (c) he or she did not commit any of the acts charged in the accusatory
     9  instrument  or conviction or his or her acts or omissions charged in the
    10  accusatory instrument or conviction  did  not  constitute  a  felony  or
    11  misdemeanor against the state; and
    12    (d)  he  or she did not by his or her own conduct cause or bring about
    13  his or her conviction.
    14    6. If the court finds that the claimant is entitled to a judgment,  it
    15  shall  award  damages  in such sum of money as the court determines will
    16  fairly and reasonably compensate him or her.
    17    7. Any person claiming compensation under  this  section  based  on  a
    18  pardon that was granted before the effective date of this section or the
    19  dismissal of an accusatory instrument or conviction that occurred before
    20  the  effective  date  of this section shall file his or her claim within
    21  [two] five years after the effective date of this  section.  Any  person
    22  claiming  compensation  under  this  section  based on a pardon that was
    23  granted on or after the effective date of this section or the  dismissal
    24  of  an accusatory instrument or conviction that occurred on or after the
    25  effective date of this section shall file his or her claim within  [two]
    26  five years after the pardon or dismissal.
    27    § 2. This act shall take effect immediately.