Senate Bill S788

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

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

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2017-S788 (ACTIVE) - Details

See Assembly Version of this Bill:
A64
Current Committee:
Senate Judiciary
Law Section:
Judiciary
Versions Introduced in Other Legislative Sessions:
2009-2010: A2705
2011-2012: A773
2013-2014: S7285, A89
2015-2016: S310, A577
2019-2020: A2860

2017-S788 (ACTIVE) - Summary

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

2017-S788 (ACTIVE) - Sponsor Memo

2017-S788 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    788
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed 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:
 
   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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00016-01-7

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