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A64Assembly2017-2018 SessionSame asS788

Let Wrongly Convicted Sue

Official title

“Permits certain persons to commence an action for unjust conviction in the court of claims”

Sponsor David GanttAD-137+1 co-sponsorAffects Legal
Status
Assembly Floor Calendar
Impact
3/10
Low
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 3

What's happening

This bill allows certain individuals whose second degree murder conviction was vacated to file an unjust conviction claim in court.

Why it matters

  1. Addresses a specific past case. This bill is narrowly tailored to allow a particular individual, whose second degree murder conviction was vacated in 1998 and whose unjust conviction lawsuit was dismissed in 1999, a renewed opportunity to seek compensation in court.

  2. Fixes a technical legal barrier. The original claim was dismissed because the conviction was vacated under a specific provision (paragraph (f) of subdivision 1 of section 440.10) of the criminal procedure law. This bill overrides that procedural technicality, ensuring that the way a conviction was vacated does not block access to compensation.

  3. Sets a strict time limit. The bill revives the right to file a claim, but only if it is commenced within 90 days after the act takes effect, making it important for affected individuals to act quickly.

  4. Could set a precedent. By creating an exception for this case, it may pave the way for future legislation or court actions to address similar situations where procedural rules have prevented possibly wrongfully convicted individuals from seeking justice or compensation.

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Who cares

Headline styles

Let Wrongly Convicted Sue

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Gantt

Assembly Member · Assembly District 137

1 Co-sponsor

History

  1. Ordered to third reading cal.6
  2. Ordered to third reading rules cal.12
  3. Rules report cal.12
  4. Reported
  5. Reported referred to rules
  6. 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.

S788Senate

Let Wrongly Convicted Sue

In Senate Committee · Judiciary · Sponsor Marisol Alcantara

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

64

2017-2018 Regular Sessions

IN ASSEMBLY (Prefiled)

January 4, 2017

Introduced by M. of A. GANTT -- read once and referred to the Committee on Judiciary

AN ACT to authorize certain persons to file a claim for unjust conviction in the court of claims

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any other provision of law, any action commenced by the filing of a claim in the office of the clerk of the court of claims on March 25, 1999 and amended on May 26, 1999 which was brought by a claimant whose second degree murder conviction was overturned on May 21, 1998 and whose court of claims action was dismissed solely because such conviction has been determined to have been vacated pursuant to paragraph (f) of subdivision 1 of section 440.10 of the criminal procedure law is hereby revived and a claim may be commenced and brought to judgment, provided such claim is commenced within 90 days after the effective date of this act. Such action shall not be dismissed solely based on the grounds that claimant's conviction was vacated pursuant to paragraph (f) of subdivision 1 of section 440.10 of the criminal procedure law.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00016-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.