Relates to claims for conviction and the expungement of criminal records

Section 2 of the bill requires expungement of the criminal records of a successful claimant.

Section 3 of the bill provides the effective date.

Justification

This is one of six bills that are based on the recommendations of the Task Force on Wrongful Convictions of the New York State Bar Association. That Task Force was created in 2008, and examined 53 cases where a defendant was wrongfully convicted of a crime and later exonerated. Through this study, the Task Force identified what it found to be the causes of these mistakes. Its report was approved by the Bar Association in 2009, and this bill is intended to address one of needs that were so identified.

The Court of Claims Act currently provides that a person "convicted and subsequently imprisoned for one or more felonies or misdemeanors against the state which he did not commit may... present a claim for damages against the state." (Section 8-b). However, there are a number of limitations and restrictions on this right that have proven, over the years, to deny or limit awards in cases where fairness and justice would seem to entitle the exonoree to an award. Under subdivision (c) of section 8-b, the Claimant must prove that "he did not commit any of the acts charged in the accusatory instrument" or the acts "did not constitute a felony or misdemeanor...." This means that the Claimant must prove that he has been exonerated on every charge initially brought, even if one or more of the charged offenses was dismissed prior to trial. In addition, subdivision (d) requires the Claimant to prove that he "did not by his own conduct cause or bring about his conviction."

This bill would modify the standards for recovery by requiring the Claimant to prove only that he was exonerated only on each and every charge submitted to the fact finder. The bill would make clear that neither the negligence of the defense attorney in the criminal trial, or a plea entered pursuant to such negligence, nor a plea entered into due to duress should be deemed to be conduct by which the Claimant brought about his own conviction, and thereby barring recovery. However, a plea entered into to mitigate the risk of a longer sentence would not be a plea entered into under duress.

The bill also offers a successful Claimant the option of accepting $75,000 per year of incarceration or asking the Court to assess damages. This assures a successful Claimant of a basic level of compensation if he wishes. The bill also requires that a successful Claimant receive subsistence funds to initially support himself.

Finally, the bill requires expungement of the criminal records of a successful Claimant. The amendments made by the bill are to try to best assure that those who have suffered a wrongful conviction receive fair monetary compensation from the State without opening the State to liability for every overturned conviction.

Legislative history

New bill.

Fiscal impact

To be determined.

Effective date

This act shall take effect in one hundred eighty days.