Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to judiciary |
Jan 07, 2015 |
referred to judiciary |
Senate Bill S310
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2015-S310 (ACTIVE) - Details
2015-S310 (ACTIVE) - Sponsor Memo
BILL NUMBER: S310 TITLE OF BILL : An act in relation to permitting 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 : Section 1 of the Court of Claims act allows the claim filed on March 25, 1999 and the claim overturned on May 21, 1998 to be commenced and brought to judgement, provided that such claim is commenced within 90 days after the effective date of this act This action shall not be dismissed solely based on a claimant's inability to meet the requirements of section 8-b of the court of claims act. JUSTIFICATION : This bill allows the person whose conviction was overturned 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
2015-S310 (ACTIVE) - Bill Text download pdf
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: 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 over- turned 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. 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.