New York S 9809: Authorizes the town of Hempstead to transfer ownership of certain parkland to the village of Freeport

Bill Text

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S09809 Summary:

BILL NOS09809 

&nbsp

SAME ASSAME AS A03634

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §8-b, rpld §8-b sub 7, Ct Claims Act; amd §156, Pub Hous L; amd §404, Cor L; amd §163, Civ Serv L

&nbsp

Relates to claims for unjust conviction and imprisonment and the availability of certain benefits and entitlements to exonerees; allows for sealing of records, payment of awards and payment of attorney's fees; repeals certain provisions relating thereto.

Go to top S09809 Actions:

BILL NOS09809 

&nbsp

04/06/2026REFERRED TO JUDICIARY

Go to topS09809 Committee&nbspVotes:

Go to topS09809 Floor&nbspVotes:

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

Go to topS09809 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9809

 IN SENATE

 April 6, 2026
 ___________

 Introduced by Sen. SALAZAR -- 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, the public housing law, the
 correction law, and the civil service law, in relation to the avail-
 ability of certain benefits to exonerees; and to repeal certain
 provisions of the court of claims act relating thereto

 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 is amended by adding
 2 a new subdivision 1-a to read as follows:
 3 1-a. When used in this section, unless otherwise required by the
 4 context, or unless a contrary intent is expressly declared in the
 5 provision to be construed, the term "exoneree" shall mean any person who
 6 has been granted a judgment in a claim for unjust conviction and impri-
 7 sonment under this section.
 8 § 2. Subparagraphs (i) and (ii) of paragraph (b) of subdivision 5 of
 9 section 8-b of the court of claims act, as added by chapter 1009 of the
 10 laws of 1984, are amended to read as follows:
 11 (i) [he has] they have been pardoned upon the ground of innocence of
 12 the crime or crimes for which [he was] they were sentenced and which are
 13 the grounds for the complaint; or (ii) [his] their judgment of
 14 conviction was reversed or vacated, and the accusatory instrument
 15 dismissed or, if a new trial was ordered, either [he was] they were
 16 found not guilty at the new trial or [he was] they were not retried and
 17 the accusatory instrument dismissed; provided that the judgement of
 18 conviction was reversed or vacated, and the accusatory instrument was
 19 dismissed, on any of the following grounds: (A) [paragraph (a), (b),
 20 (c), (e) or (g) of] subdivision one of section 440.10 of the criminal
 21 procedure law; or (B) subdivision [one (where based upon grounds set
 22 forth in item (A) hereof),] two, three (where the count dismissed was
 23 the sole basis for the imprisonment complained of) or five of section
 24 470.20 of the criminal procedure law; or (C) comparable provisions of
 25 the former code of criminal procedure or subsequent law; or (D) the
 26 statute, or application thereof, on which the accusatory instrument was

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01726-01-5

 S. 9809 2

 1 based violated the constitution of the United States or the state of New
 2 York; and
 3 § 3. Paragraph (c) of subdivision 5 of section 8-b of the court of
 4 claims act, as added by chapter 1009 of the laws of 1984, is amended to
 5 read as follows:
 6 (c) [he] they did not commit any of the acts [charged in the accusato-
 7 ry instrument] for which they were convicted or [his] their acts or
 8 omissions charged in the accusatory instrument did not constitute a
 9 felony or misdemeanor against the state; and
 10 § 4. Paragraph (d) of subdivision 5 of section 8-b of the court of
 11 claims act, as added by chapter 1009 of the laws of 1984, is amended to
 12 read as follows:
 13 (d) [he] they did not by [his] their own [conduct] misconduct cause or
 14 bring about [his] their conviction. For purposes of this subdivision, a
 15 confession, admission or plea of guilty made or entered by the claimant
 16 may not be considered evidence of misconduct unless such confession,
 17 admission or plea of gu