New York S 8013: Relates to claims for unjust conviction and imprisonment

Bill Text

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S08013 Summary:

BILL NOS08013A

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SAME ASSAME AS A10797-A

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Amd §8-b, Ct Claims Act

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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 S08013 Actions:

BILL NOS08013A

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05/15/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

03/24/2026AMEND AND RECOMMIT TO JUDICIARY

03/24/2026PRINT NUMBER 8013A

Go to topS08013 Committee&nbspVotes:

Go to topS08013 Floor&nbspVotes:

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

Go to topS08013 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8013--A

 2025-2026 Regular Sessions

 IN SENATE

 May 15, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary -- recommitted
 to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
 -- 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.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05849-02-6

 S. 8013--A 2

 1 2. Any person convicted and subsequently imprisoned for one or more
 2 felonies or misdemeanors against the state which [he] such person did
 3 not commit may, under the conditions hereinafter provided, present a
 4 claim for damages against the state. In scheduling court appearances and
 5 filing deadlines, the court shall give docket priority at each stage of
 6 the proceeding to such claims for damages under this subdivision where
 7 the claimant asserts proof of innocence through DNA evidence. Any
 8 adjournments granted in the course of such a proceeding should be for as
 9 short a time as is practicable.
 10 3. In order to present the claim for unjust conviction and imprison-
 11 ment, claimant must establish by documentary evidence that:
 12 (a) [he has] they have been convicted of one or more felonies or
 13 misdemeanors against the state and subsequently sentenced to a term of
 14 imprisonment, and has served all or any part of the sentence; and
 15 (b) (i) [he has] they have been pardoned u