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A2860Assembly2019-2020 Session

Let Innocent Sue for Justice

Official title

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

Sponsor David GanttAD-137Affects Legal
Status
Assembly Floor Calendar
Impact
3/10
Low
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 8

What's happening

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

Why it matters

  1. Expands access to compensation for wrongful convictions. The bill specifically allows people whose murder convictions were vacated under a particular provision of New York's criminal procedure law (section 440.10(1)(f)) to file claims for unjust conviction, even if they were previously barred from doing so.

  2. Addresses a legal technicality that previously blocked claims. Some individuals had their unjust conviction claims dismissed solely because their convictions were vacated under a certain legal ground. This bill removes that barrier, potentially providing a path to justice and financial redress for people who were otherwise excluded.

  3. Creates a limited window for action. Eligible claimants must file their claims within 90 days of the bill’s effective date, making timely awareness and legal action crucial for those affected.

  4. Could set a precedent for similar cases. By reviving a specific past case and clarifying eligibility under the law, this legislation may influence how other wrongful conviction claims based on similar circumstances are handled in the future.

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Who cares

Headline styles

Let Innocent Sue for Justice

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

Sponsors

Primary sponsor
David Gantt

Assembly Member · Assembly District 137

No co-sponsors yet.

History

  1. Ordered to third reading cal.122
  2. Advanced to third reading cal.234
  3. Reported
  4. Referred to judiciary

Full text

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

STATE OF NEW YORK

2860

2019-2020 Regular Sessions

IN ASSEMBLY

January 28, 2019

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.

LBD00141-01-9

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.