New York S 3872: Relates to requiring a business that is shown to have sold a tobacco product to a minor to close pending the completion of an investigation
Status: REFERRED TO HEALTH (as of 2022-01-05)
State: New York · Session: 2021-2022 · Bill: S 3872
Sponsors: KENNEDY
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. - This bill is not active in this session. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript S03872 Summary: BILL NOS03872   SAME ASSAME AS A03634   SPONSORHOYLMAN-SIGAL   COSPNSR   MLTSPNSR   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   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 S03872 Actions: BILL NOS03872   01/30/2025REFERRED TO JUDICIARY Go to topS03872 Committee Votes: Go to topS03872 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topS03872 Text: STATE OF NEW YORK ________________________________________________________________________ 3872 2025-2026 Regular Sessions IN SENATE January 30, 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, 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01726-01-5 S. 3872 2 1 470.20 of the criminal procedure law; or (C) comparable provisions of 2 the former code of criminal procedure or subsequent law; or (D) the 3 statute, or application thereof, on which the accusatory instrument was 4 based violated the constitution of the United States or the state of New 5 York; and 6 § 3. Paragraph (c) of subdivision 5 of section 8-b of the court of 7 claims act, as added by chapter 1009 of the laws of 1984, is amended to 8 read as follows: 9 (c) [he] they did not commit any of the acts [charged in the accusato- 10 ry instrument] for which they were convicted or [his] their acts or 11 omissions charged in the accusatory instrument did not constitute a 12 felony or misdemeanor against the state; and 13 § 4. Paragraph (d) of subdivision 5 of section 8-b of the court of 14 claims act, as added by chapter 1009 of the laws of 1984, is amended to 15 read as follows: 16 (d) [he] they did not by [his] their own [conduct] misconduct cause or 17 bring about [his] their conviction. For purposes of this subdivision, a 18 confession, admission or plea of guilty made or entered by the claimant 19 may not
View New York S 3872 on LegisTrack → — full text, sponsors, votes, campaign finance, and cross-state matches.