New York S 2696: Relates to proof of claims for unjust conviction and imprisonment

Bill Text

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S02696 Summary:

BILL NOS02696 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §8-b, Ct Claims Act

&nbsp

Relates to proof of claims for unjust conviction and imprisonment.

Go to top S02696 Actions:

BILL NOS02696 

&nbsp

01/22/2025REFERRED TO JUDICIARY

05/12/2025REPORTED AND COMMITTED TO FINANCE

Go to topS02696 Committee&nbspVotes:

Go to topS02696 Floor&nbspVotes:

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

Go to topS02696 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2696

 2025-2026 Regular Sessions

 IN SENATE

 January 22, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- 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, in relation to proof of 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. Paragraph (b) of subdivision 3 of section 8-b of the court
 2 of claims act, as added by chapter 1009 of the laws of 1984, is amended
 3 to read as follows:
 4 (b) (i) [he] the claimant has been pardoned upon the ground of inno-
 5 cence of the crime or crimes for which [he] the claimant was sentenced
 6 and which are the grounds for the complaint; or (ii) [his] the claim-
 7 ant's judgment of conviction was reversed or vacated, and the accusatory
 8 instrument dismissed or, if a new trial was ordered, either [he] the
 9 claimant was found not guilty at the new trial or [he] was not retried
 10 and the accusatory instrument dismissed; provided that the judgement of
 11 conviction was reversed or vacated, and the accusatory instrument was
 12 dismissed, on any of the following grounds: (A) paragraph (a), (b), (c),
 13 (e) [or], (g) or (h) of subdivision one of section 440.10 of the crimi-
 14 nal procedure law; or (B) subdivision one (where based upon grounds set
 15 forth in item (A) hereof), two, three (where the count dismissed was the
 16 sole basis for the imprisonment complained of) or five of section 470.20
 17 of the criminal procedure law; or (C) comparable provisions of the
 18 former code of criminal procedure or subsequent law; or (D) the statute,
 19 or application thereof, on which the accusatory instrument was based
 20 violated the constitution of the United States or the state of New York;
 21 and
 22 § 2. Paragraph (b) of subdivision 5 of section 8-b of the court of
 23 claims act, as added by chapter 1009 of the laws of 1984, is amended to
 24 read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06090-01-5

 S. 2696 2

 1 (b) (i) [he] the claimant has been pardoned upon the ground of inno-
 2 cence of the crime or crimes for which [he] the claimant was sentenced
 3 and which are the grounds for the complaint; or (ii) [his] the claim-
 4 ant's judgment of conviction was reversed or vacated, and the accusatory
 5 instrument dismissed or, if a new trial was ordered, either [he] the
 6 claimant was found not guilty at the new trial or [he] the claimant was
 7 not retried and the accusatory instrument dismissed; provided that the
 8 judgement of conviction was reversed or vacated, and the accusatory
 9 instrument was dismissed, on any of the following grounds: (A) paragraph
 10 (a), (b), (c), (e) [or], (g) or (h) of subdivision one of section 440.10
 11 of the criminal procedure law; or (B) subdivision one (where based upon
 12 grounds set forth in item (A) hereof), two, three (where the count
 13 dismissed was the sole basis for the imprisonment complained of) or five
 14 of section 470.20 of the criminal procedure law; or (C) comparable
 15 provisions of the former code of criminal procedure or subsequent law;
 16 or (D) the statute, or application thereof, on which the accusatory
 17 instrument was based violated the constitution of the United States or
 18 the state of New York; and
 19 § 3. This act shall take effect immediately.

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