New York A 10797: Relates to claims for unjust conviction and imprisonment
Status: PRINT NUMBER 10797A (as of 2026-04-20)
State: New York · Session: 2025-2026 · Bill: A 10797
Sponsors: Larinda Hooks, Demond Meeks
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript A10797 Summary: BILL NOA10797A   SAME ASSAME AS S08013-A   SPONSORHooks   COSPNSRMeeks   MLTSPNSR   Amd §8-b, Ct Claims Act   Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence that: they have been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and have served all or any part of the sentence; and they have had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and their claim is not time-barred. Go to top A10797 Actions: BILL NOA10797A   04/01/2026referred to judiciary 04/20/2026amend and recommit to judiciary 04/20/2026print number 10797a Go to topA10797 Committee Votes: Go to topA10797 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topA10797 Text: STATE OF NEW YORK ________________________________________________________________________ 10797--A IN ASSEMBLY April 1, 2026 ___________ Introduced by M. of A. HOOKS, MEEKS -- read once and referred to the Committee on Judiciary -- 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 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] such person did 24 not commit may, under the conditions hereinafter provided, present a 25 claim for damages against the state. In scheduling court appearances and 26 filing deadlines, the court shall give docket priority at each stage of 27 the proceeding to such claims for damages under this subdivision where EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05849-04-6 A. 10797--A 2 1 the claimant asserts proof of innocence through DNA evidence. Any 2 adjournments granted in the course of such a proceeding should be for as 3 short a time as is practicable. 4 3. In order to present the claim for unjust conviction and imprison- 5 ment, claimant must establish by documentary evidence that: 6 (a) [he has] they have been convicted of one or more felonies or 7 misdemeanors against the state and subsequently sentenced to a term of 8 imprisonment, and has served all or any part of the sentence; and 9 (b) (i) [he has] they have been pardoned upon the ground of innocence 10 of the crime or crimes for which [he was] they were sentenced and which 11 are the grounds for the complaint; or (ii) [his] their judgment
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