Bill Text: NY A02704 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to confer jurisdiction upon the court of claims to hear, audit and determine the claims of Betty Tyson
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-03 - held for consideration in judiciary [A02704 Detail]
Download: New_York-2009-A02704-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2704
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Judiciary
AN ACT to confer jurisdiction upon the court of claims to hear, audit
and determine the claims of Betty Tyson
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Notwithstanding any provision of law to the contrary,
2 jurisdiction is hereby conferred upon the court of claims to hear, audit
3 and determine the claims of Betty Tyson under section 8-b of the court
4 of claims act against the state for compensation and damages alleged to
5 have been sustained by the claimant as a result of and in connection
6 with an erroneous indictment and conviction for the murder and robbery
7 of Timothy Hayworth. On December 28, 1973, Betty Tyson was convicted of
8 five counts related to the murder and robbery of one Timothy Hayworth,
9 and on February 13, 1974, was sentenced to 25 years to life. After serv-
10 ing 25 years in prison, Ms. Tyson was released from prison upon vacatur
11 of her conviction. The vacatur of her conviction was based upon a find-
12 ing that during the course of Ms. Tyson's trial both the deliberate
13 suppression of testimony and evidence, demonstrative of the innocence of
14 Betty Tyson, and the knowing use of perjured testimony occurred.
15 S 2. Notwithstanding the inability of such claimant to satisfactorily
16 establish by documentary evidence the requirements contained in para-
17 graph (b) of subdivision 3 of section 8-b of the court of claims act and
18 by clear and convincing evidence the requirements contained in paragraph
19 (b) of subdivision 5 of section 8-b of the court of claims act, if the
20 court of claims shall determine that the claimant suffered damages as a
21 result of these actions under section 8-b of the court of claims act,
22 the damages therefor shall constitute a legal, valid and binding claim
23 against the state, and the state shall be liable therefor and for the
24 payment thereof. The court of claims may award and render judgment for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05637-01-9
A. 2704 2
1 such sum as may be just and equitable compensation therefor, together
2 with interest and cost.
3 S 3. The state of New York hereby consents to have its liability on
4 such claim determined, and to be bound by such determination, notwith-
5 standing the failure of the claimant to file such claim or notice of
6 intention to file such claim within the time provided or prescribed
7 therefore by law; nor the previous dismissal of claimant's claim by the
8 court of claims, provided, however, that the claim is filed with the
9 court of claims within six months after the effective date of this act.
10 S 4. Nothing contained in this act shall be construed as a determi-
11 nation as to the merits of this claim.
12 S 5. This act shall take effect immediately.
