S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8766

                          I N  A S S E M B L Y

                            February 12, 2014
                               ___________

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

AN ACT to amend the court of claims act, in relation to enactment of the
  coerced confession remediation act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "coerced confession remediation act".
  S  2.  Subdivisions 4 and 5 of section 8-b of the court of claims act,
as added by chapter 1009 of the laws of 1984, are  amended  to  read  as
follows:
  4.  The  claim  shall  state  facts in sufficient detail to permit the
court to find that claimant is likely to succeed  at  trial  in  proving
that (a) he OR SHE did not commit any of the acts charged in the accusa-
tory instrument or his OR HER acts or omissions charged in the accusato-
ry  instrument  did  not  constitute a felony or misdemeanor against the
state, and (b) he OR SHE did not by his OR  HER  own  conduct  cause  or
bring  about  his OR HER conviction, EXCLUDING ANY ALLEGEDLY INCULPATORY
STATEMENT MADE OR PROVIDED BY THE CLAIMANT TO THE AUTHORITIES WHO INVES-
TIGATED OR PROSECUTED CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED  IN
ORDER  TO  IMPEDE  THE INVESTIGATION OR PROSECUTION.  The claim shall be
verified by the claimant. If the court finds  after  reading  the  claim
that  claimant  is  not likely to succeed at trial, it shall dismiss the
claim, either on its own motion or on the motion of the state.
  5. In order to obtain a judgment in his OR HER  favor,  claimant  must
prove by clear and convincing evidence that:
  (a)  he OR SHE has been convicted of one or more felonies or misdemea-
nors against the state and subsequently sentenced to a term of imprison-
ment, and has served all or any part of the sentence; and
  (b) (i) he OR SHE has been pardoned upon the ground  of  innocence  of
the  crime or crimes for which he OR SHE was sentenced and which are the
grounds for the complaint; or (ii) his OR HER judgment of conviction was
reversed or vacated, and the accusatory instrument dismissed  or,  if  a
new  trial was ordered, either he OR SHE was found not guilty at the new

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04678-01-3

A. 8766                             2

trial or he OR  SHE  was  not  retried  and  the  accusatory  instrument
dismissed;  provided  that  the  [judgement]  JUDGMENT of conviction was
reversed or vacated, and the accusatory instrument was dismissed, on any
of  the  following  grounds:  (A) paragraph (a), (b), (c), (e) or (g) of
subdivision one of section 440.10 of the criminal procedure law; or  (B)
subdivision one (where based upon grounds set forth in item (A) hereof),
two,  three (where the count dismissed was the sole basis for the impri-
sonment complained of) or five of section 470.20 of the criminal  proce-
dure  law;  or  (C) comparable provisions of the former code of criminal
procedure or subsequent law; or (D) the statute, or application thereof,
on which the accusatory instrument was based violated  the  constitution
of the United States or the state of New York; and
  (c) he OR SHE did not commit any of the acts charged in the accusatory
instrument  or  his  OR  HER acts or omissions charged in the accusatory
instrument did not constitute a felony or misdemeanor against the state;
and
  (d) he OR SHE did not by his OR HER own conduct cause or  bring  about
his  OR  HER  conviction,  EXCLUDING ANY ALLEGEDLY INCULPATORY STATEMENT
MADE OR PROVIDED BY THE CLAIMANT TO THE AUTHORITIES WHO INVESTIGATED  OR
PROSECUTED  THE  CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED IN ORDER
TO IMPEDE THE INVESTIGATION OR PROSECUTION.
  S 3. This act shall take effect immediately.