New York A 4238: Provides a toll exemption for voluntary ambulance services

Bill Text

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A04238 Summary:

BILL NOA04238 

&nbsp

SAME ASSAME AS S07174

&nbsp

SPONSORCunningham

&nbsp

COSPNSRDilan, Gibbs, Hyndman, Walker, Cook, Levenberg, Weprin, Wright, Meeks

&nbsp

MLTSPNSR

&nbsp

Add §188, Cor L; amd §601, Tax L

&nbsp

Retroactively adjusts the compensation of formerly incarcerated individuals who were unjustly convicted; exempts such adjusted income from state income taxes.

Go to top A04238 Actions:

BILL NOA04238 

&nbsp

01/31/2025referred to correction

01/07/2026referred to correction

Go to topA04238 Committee&nbspVotes:

Go to topA04238 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04238 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4238

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM, DILAN, GIBBS, HYNDMAN, WALKER, COOK,
 LEVENBERG, WEPRIN -- read once and referred to the Committee on
 Correction

 AN ACT to amend the correction law and the tax law, in relation to
 adjusting the earnings of formerly incarcerated individuals who were
 unjustly convicted

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The correction law is amended by adding a new section 188
 2 to read as follows:
 3 § 188. Adjustment of earnings of incarcerated individuals; unjust
 4 conviction. 1. (a) Any incarcerated individual who is employed pursuant
 5 to the provisions of this article shall be entitled to a retroactive
 6 adjustment in their rate of compensation where such incarcerated indi-
 7 vidual is subsequently (i) pardoned upon the grounds of innocence of the
 8 crime or crimes for which such incarcerated individual was sentenced and
 9 which are the grounds for the fine, restitution or reparation; or (ii)
 10 such incarcerated individual's judgment of conviction was reversed or
 11 vacated, and the accusatory instrument dismissed or, if a new trial was
 12 ordered, either such incarcerated individual was found not guilty at the
 13 new trial or such defendant was not retried and the accusatory instru-
 14 ment dismissed; provided that the judgment of conviction was reversed or
 15 vacated, and the accusatory instrument was dismissed, on any of the
 16 following grounds: (1) paragraph (a), (b), (c), (e) or (g) of subdivi-
 17 sion one of section 440.10 of the criminal procedure law; or (2) subdi-
 18 vision one (where based upon grounds set forth in clause one of this
 19 subparagraph), two, three (where the count dismissed was the sole basis
 20 for the imprisonment complained of) or five of section 470.20 of the
 21 criminal procedure law; or (3) comparable provisions of the former code
 22 of criminal procedure or subsequent law; or (4) the statute, or applica-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04092-01-5

 A. 4238 2

 1 tion thereof, on which the accusatory instrument was based violated the
 2 constitution of the United States or the state of New York.
 3 (b) Such compensation adjustment shall be the greater of:
 4 (i) the current minimum wage of the state;
 5 (ii) the current wage or industry standard wage of the trade or indus-
 6 try that such incarcerated individual was actively employed in or
 7 trained/certified to work in; or
 8 (iii) the wage equivalent of the incarcerated individual's salary at
 9 the time of conviction.
 10 2. Within ninety days following the notice of adjudication for such
 11 pardon, reversal or vacation pursuant to subparagraphs (i) and (ii) of
 12 paragraph (a) of subdivision one of this section, the department shall
 13 notify such formerly incarcerated individual of their right to receive a
 14 compensation adjustment pursuant to the provisions of this section.
 15 3. Within ninety days of providing notice pursuant to subdivision two
 16 of this section, the department shall remit to such formerly incarcerat-
 17 ed individual any moneys owed as adjusted compensation as well as an
 18 accounting, including the method of accounting, for all such moneys.
 19 4. Notwithstanding any provision of law to the contrary, any moneys
 20 remitted to a formerly incarcerated individual pursuant to the
 21 provisions of th