New York S 5370: Relates to claims for unjust conviction

Bill Text

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S05370 Summary:

BILL NOS05370 

&nbsp

SAME ASSAME AS A04440

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §8-b, Ct Claims Act; amd §612, Tax L; add §668-h, Ed L; add §85-d, Civ Serv L

&nbsp

Relates to claims for unjust conviction.

Go to top S05370 Actions:

BILL NOS05370 

&nbsp

02/21/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05370 Committee&nbspVotes:

Go to topS05370 Floor&nbspVotes:

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

Go to topS05370 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5370

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sen. CLEARE -- 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 and the tax law, in relation to
 claims for unjust conviction; to amend the education law, in relation
 to establishing wrongful conviction recovery scholarships; and to
 amend the civil service law, in relation to allowing additional cred-
 its for the wrongfully convicted

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

 1 Section 1. This act shall be known and may be cited as the "wrongful
 2 conviction recovery act".
 3 § 2. Section 8-b of the court of claims act, as added by chapter 1009
 4 of the laws of 1984, subdivision 2 as amended by chapter 210 of the laws
 5 of 2007, is amended to read as follows:
 6 § 8-b. Claims for unjust conviction [and imprisonment]. 1. The legis-
 7 lature finds and declares that innocent persons who have been wrongly
 8 convicted of crimes [and subsequently imprisoned] have been frustrated
 9 in seeking legal redress due to a variety of substantive and technical
 10 obstacles in the law and that such persons should have an available
 11 avenue of redress over and above the existing tort remedies to seek
 12 compensation for damages. The legislature intends by enactment of the
 13 provisions of this section that those innocent persons who can demon-
 14 strate by [clear and convincing] a preponderance of the evidence that
 15 they were unjustly convicted [and imprisoned] be able to recover damages
 16 against the state. In light of the substantial burden of proof that must
 17 be carried by such persons, it is the intent of the legislature that the
 18 court, in exercising its discretion as permitted by law regarding the
 19 weight and admissibility of evidence submitted pursuant to this section,
 20 shall, in the interest of justice, give due consideration to difficul-
 21 ties of proof caused by the passage of time, the death or unavailability

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08481-01-5

 S. 5370 2

 1 of witnesses, the destruction of evidence or other factors not caused by
 2 such persons or those acting on their behalf.
 3 2. Any person convicted [and subsequently imprisoned] for one or more
 4 felonies or misdemeanors against the state which [he] such person did
 5 not commit may, under the conditions hereinafter provided, present a
 6 claim for damages against the state. In scheduling court appearances and
 7 filing deadlines, the court shall give docket priority at each stage of
 8 the proceeding to such claims for damages under this subdivision where
 9 the claimant asserts proof of innocence through DNA evidence. Any
 10 adjournments granted in the course of such a proceeding should be for as
 11 short a time as is practicable.
 12 3. In order to present the claim for unjust conviction [and imprison-
 13 ment], claimant must establish by documentary evidence that:
 14 (a) [he] such claimant has been convicted of one or more felonies or
 15 misdemeanors against the state [and subsequently sentenced to a term of
 16 imprisonment, and has served all or any part of the sentence]; and
 17 (b) (i) [he] such claimant has been pardoned upon the ground of inno-
 18 cence of the crime or crimes for which [he was] they were sentenced and
 19 which are the grounds for the complaint; or (ii) [his] their judgment of
 20 conviction was reversed or vacated, and the accusatory instrument
 21 dismissed or, if a new trial was ordered,