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History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Permits certain persons to commence an action for unjust conviction in the court of claims
In Senate Committee · Judiciary · Sponsor David Gantt
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7285
Title of bill
An act in relation to permitting certain persons to file a claim for unjust conviction in the court of claims
Purpose or general idea of bill
This bill permits certain persons to commence an action of unjust conviction in the court of claims.
Summary of specific provisions
Section 1 of the Court of Claims act allows the claim filed on March 25, 1999 and the claim overturned on May 21, 1998 to be commenced and brought to judgement, provided that such claim is commenced within 90 days after the effective date of this act. This action shall not be dismissed solely based on a claimant's inability to meet the requirements of section 8-b of the court of claims act.
Justification
This bill allows the person whose conviction was overturned on May 21, 1998 to file suit with the Court of Claims. Due to a technicality in the statute, the claimant cannot file suit according to current statutes in section 8-b of the court of claims act.
This claimant was arrested and charged with murder in the second degree in 1973 and spent 25 years in prison for a murder that was not committed by the said claimant. Upon discoveries of withheld crucial evidence and proven police brutality, the claimant was released from prison in May of 1998.
Due to the circumstances of the claimant's release, a claim cannot be filed with the Court of Claims. This bill seeks to correct this inherent inequity in the law that allows some individuals but excludes others from presenting wrongful imprisonment claims. This bill will allow the claimant who has been wrongfully convicted and imprisoned to pursue claims against New York State.
Prior legislative history
2007-2008: A4902 2009-2010: A.2705; 2011-2012: A.773
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.