Bill Text: NY A00089 | 2013-2014 | 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: (Engrossed - Dead) 2014-01-14 - REFERRED TO JUDICIARY [A00089 Detail]

Download: New_York-2013-A00089-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          89
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred 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.
                                                                  LBD03439-01-3
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