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S788Senate2017-2018 SessionSame asA64

Let Wrongly Convicted Sue

Official title

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

Sponsor Marisol AlcantaraSD-31Affects Legal
Status
In Senate Committee
Judiciary
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows certain individuals whose murder convictions were overturned to file claims for unjust conviction in New York.

Why it matters

  1. Addresses a legal technicality. that previously blocked certain wrongfully convicted individuals from seeking compensation, specifically those whose murder convictions were overturned under a particular section of law (paragraph (f), subdivision 1, section 440.10 of the criminal procedure law).

  2. Provides a renewed opportunity for justice. by allowing claims that were dismissed solely on procedural grounds—not on the merits of the case—to be revived, enabling affected individuals to finally have their cases heard in court.

  3. May set a precedent. for how New York handles similar cases in the future, potentially opening the door for others whose convictions were overturned under similar circumstances to seek compensation for unjust incarceration.

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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
Marisol Alcantara

Senator · Senate District 31

Chair, Labor

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

A64Assembly

Let Wrongly Convicted Sue

Assembly Floor Calendar · Sponsor David Gantt

Impact 3 · Low0% to pass

Full text

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

STATE OF NEW YORK

788

2017-2018 Regular Sessions

IN SENATE

January 4, 2017

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed 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.

Sponsor's memo

Title of bill

An act to authorize 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

On May 21, 1998, the second degree murder charge of a defendant was overturned. A subsequent civil lawsuit against the state in the Court of Claims was dismissed because it was time-barred. This bill would revive the plaintiff's claim for a 90-day window to bring the lawsuit.

Justification

This bill allows the person whose conviction was over-turned 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

S.310 of 2016 : referred to Senate Judiciary Committee S.310 of 2015 - referred to Senate Judiciary Committee

Fiscal implications

to be determined.

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.