Bill Text: NY A02860 | 2019-2020 | General Assembly | Introduced


Bill Title: Permits certain persons to commence an action for unjust conviction in the court of claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.122 [A02860 Detail]

Download: New_York-2019-A02860-Introduced.html


                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 Assem-
        bly, do enact as follows:
     1    Section 1. Notwithstanding any other  provision  of  law,  any  action
     2  commenced  by  the  filing  of a claim in the office of the clerk of the
     3  court of claims on March 25, 1999 and amended on May 26, 1999 which  was
     4  brought  by  a  claimant whose second degree murder conviction was over-
     5  turned on May 21, 1998 and whose court of claims  action  was  dismissed
     6  solely  because such conviction has been determined to have been vacated
     7  pursuant to paragraph (f) of subdivision 1  of  section  440.10  of  the
     8  criminal  procedure  law  is hereby revived and a claim may be commenced
     9  and brought to judgment, provided such claim is commenced within 90 days
    10  after the effective date of this act. Such action shall not be dismissed
    11  solely based on the  grounds  that  claimant's  conviction  was  vacated
    12  pursuant  to  paragraph  (f)  of  subdivision 1 of section 440.10 of the
    13  criminal procedure law.
    14    § 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
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