Bill Text: NY S00310 | 2015-2016 | 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) 2016-01-06 - REFERRED TO JUDICIARY [S00310 Detail]
Download: New_York-2015-S00310-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
310
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT in relation to permitting 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 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01905-01-5
