New York A 10797: Relates to claims for unjust conviction and imprisonment

Bill Text

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A10797 Summary:

BILL NOA10797A

&nbsp

SAME ASSAME AS S08013-A

&nbsp

SPONSORHooks

&nbsp

COSPNSRMeeks

&nbsp

MLTSPNSR

&nbsp

Amd §8-b, Ct Claims Act

&nbsp

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

&nbsp

04/01/2026referred to judiciary

04/20/2026amend and recommit to judiciary

04/20/2026print number 10797a

Go to topA10797 Committee&nbspVotes:

Go to topA10797 Floor&nbspVotes:

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