Bill Text: NY A04440 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to claims for unjust conviction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - referred to judiciary [A04440 Detail]

Download: New_York-2025-A04440-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4440

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2025
                                       ___________

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

        AN ACT to amend the court of claims act and the tax law, in relation  to
          claims  for unjust conviction; to amend the education law, in relation
          to establishing wrongful  conviction  recovery  scholarships;  and  to
          amend  the civil service law, in relation to allowing additional cred-
          its for the wrongfully convicted

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This act shall be known and may be cited as the "wrongful
     2  conviction recovery act".
     3    § 2. Section 8-b of the court of claims act, as added by chapter  1009
     4  of the laws of 1984, subdivision 2 as amended by chapter 210 of the laws
     5  of 2007, is amended to read as follows:
     6    § 8-b. Claims for unjust conviction [and imprisonment].  1. The legis-
     7  lature  finds  and  declares that innocent persons who have been wrongly
     8  convicted of crimes [and subsequently imprisoned] have  been  frustrated
     9  in  seeking  legal redress due to a variety of substantive and technical
    10  obstacles in the law and that such  persons  should  have  an  available
    11  avenue  of  redress  over  and  above the existing tort remedies to seek
    12  compensation for damages. The legislature intends by  enactment  of  the
    13  provisions  of  this  section that those innocent persons who can demon-
    14  strate by [clear and convincing] a preponderance of  the  evidence  that
    15  they were unjustly convicted [and imprisoned] be able to recover damages
    16  against the state. In light of the substantial burden of proof that must
    17  be carried by such persons, it is the intent of the legislature that the
    18  court,  in  exercising  its discretion as permitted by law regarding the
    19  weight and admissibility of evidence submitted pursuant to this section,
    20  shall, in the interest of justice, give due consideration  to  difficul-
    21  ties of proof caused by the passage of time, the death or unavailability

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08481-01-5
        A. 4440                             2

     1  of witnesses, the destruction of evidence or other factors not caused by
     2  such persons or those acting on their behalf.
     3    2.  Any person convicted [and subsequently imprisoned] for one or more
     4  felonies or misdemeanors against the state which [he]  such  person  did
     5  not  commit  may,  under  the conditions hereinafter provided, present a
     6  claim for damages against the state. In scheduling court appearances and
     7  filing deadlines, the court shall give docket priority at each stage  of
     8  the  proceeding  to such claims for damages under this subdivision where
     9  the claimant asserts  proof  of  innocence  through  DNA  evidence.  Any
    10  adjournments granted in the course of such a proceeding should be for as
    11  short a time as is practicable.
    12    3.  In order to present the claim for unjust conviction [and imprison-
    13  ment], claimant must establish by documentary evidence that:
    14    (a) [he] such claimant has been convicted of one or more  felonies  or
    15  misdemeanors  against the state [and subsequently sentenced to a term of
    16  imprisonment, and has served all or any part of the sentence]; and
    17    (b) (i) [he] such claimant has been pardoned upon the ground of  inno-
    18  cence  of the crime or crimes for which [he was] they were sentenced and
    19  which are the grounds for the complaint; or (ii) [his] their judgment of
    20  conviction was  reversed  or  vacated,  and  the  accusatory  instrument
    21  dismissed  or,  if a new trial was ordered, either [he] the claimant was
    22  found not guilty at the new trial or [he] such claimant was not  retried
    23  and  the  accusatory instrument dismissed; provided that the [judgement]
    24  judgment of conviction was  reversed  or  vacated,  and  the  accusatory
    25  instrument  was  dismissed,  on any of the following grounds: (A) [para-
    26  graph (a), (b), (c), (e) or (g) of] subdivision one of section 440.10 of
    27  the criminal procedure law; or (B) [subdivision one  (where  based  upon
    28  grounds  set  forth  in  item  (A)  hereof), two, three (where the count
    29  dismissed was the sole basis for the imprisonment complained of) or five
    30  of] section 470.20 of the criminal  procedure  law;  or  (C)  comparable
    31  provisions  of  the former code of criminal procedure or subsequent law;
    32  or (D) the statute, or application  thereof,  on  which  the  accusatory
    33  instrument  was  based violated the constitution of the United States or
    34  the state of New York; and
    35    (c) [his] their claim is not time-barred by the provisions of subdivi-
    36  sion seven of this section.
    37    4. The claim shall state facts in  sufficient  detail  to  permit  the
    38  court  to  find  that  claimant is likely to succeed at trial in proving
    39  that (a) [he] such claimant did not commit any of the  acts  charged  in
    40  the  accusatory  instrument  or [his] their acts or omissions charged in
    41  the accusatory instrument did not constitute  a  felony  or  misdemeanor
    42  against the state, and (b) [he] such claimant did not by [his] their own
    43  conduct  cause or bring about [his] their conviction. The claim shall be
    44  verified by the claimant. If the court finds  after  reading  the  claim
    45  that  claimant  is  not likely to succeed at trial, it shall dismiss the
    46  claim, either on its own motion or on the motion of the state.
    47    5. In order to obtain a judgment in [his] their favor,  claimant  must
    48  prove by [clear and convincing] a preponderance of the evidence that:
    49    (a)  [he]  such claimant has been convicted of one or more felonies or
    50  misdemeanors against the state [and subsequently sentenced to a term  of
    51  imprisonment, and has served all or any part of the sentence]; and
    52    (b)  (i) [he] such claimant has been pardoned upon the ground of inno-
    53  cence of the crime or crimes for which [he] such claimant was  sentenced
    54  and  which  are the grounds for the complaint; or (ii) [his] their judg-
    55  ment of conviction was reversed or vacated, and the  accusatory  instru-
    56  ment  dismissed or, if a new trial was ordered, either [he] the claimant
        A. 4440                             3

     1  was found not guilty at the new trial or  [he]  such  claimant  was  not
     2  retried  and  the  accusatory  instrument  dismissed;  provided that the
     3  [judgement] judgment of conviction was  reversed  or  vacated,  and  the
     4  accusatory  instrument  was  dismissed, on any of the following grounds:
     5  (A) [paragraph (a), (b), (c), (e) or (g) of] subdivision one of  section
     6  440.10  of  the  criminal  procedure law; or (B) [subdivision one (where
     7  based upon grounds set forth in item (A) hereof), two, three (where  the
     8  count  dismissed  was the sole basis for the imprisonment complained of)
     9  or five of] section 470.20 of the criminal procedure law; or (C)  compa-
    10  rable  provisions of the former code of criminal procedure or subsequent
    11  law; or (D) the statute, or application thereof, on which the accusatory
    12  instrument was based violated the constitution of the United  States  or
    13  the state of New York; and
    14    (c)  [he] such claimant did not commit any of the acts [charged in the
    15  accusatory instrument or his acts or omissions charged in the accusatory
    16  instrument]  or omissions for which such claimant was convicted or their
    17  acts or omissions did not constitute a felony or misdemeanor against the
    18  state; and
    19    (d) [he] such claimant did not by [his] their  own  conduct  cause  or
    20  bring about [his] their conviction.
    21    6.  If the court finds that the claimant is entitled to a judgment, it
    22  shall award damages in such sum of money as the  court  determines  will
    23  fairly  and  reasonably compensate [him] such claimant, provided, if the
    24  claimant was incarcerated, such sum shall not  be  less  than  an  award
    25  calculated  at  a  rate of one million dollars per year during which the
    26  claimant was incarcerated and was not  under  sentence  for  a  separate
    27  crime.  The  court may also award reasonable attorneys' fees incurred in
    28  the claimant's defense at trial, including  any  post-trial  motions  or
    29  appeals,  in  the  process  of  vacating  or  reversing  their  criminal
    30  conviction, and in the pursuit of a claim under this section.
    31    7. Any person claiming compensation under  this  section  based  on  a
    32  pardon that was granted before the effective date of this section or the
    33  dismissal of an accusatory instrument that occurred before the effective
    34  date of the chapter of the laws of two thousand twenty-five that amended
    35  this  section  shall file [his] their claim within two years after [the]
    36  such effective date [of this section].  Any person claiming compensation
    37  under this section based on a pardon that was granted on  or  after  the
    38  effective date of this section or the dismissal of an accusatory instru-
    39  ment  that occurred on or after the effective date of the chapter of the
    40  laws of two thousand twenty-five that amended this  section  shall  file
    41  [his]  their claim within [two] three years after the pardon or dismiss-
    42  al.
    43    § 3. Subsection (c) of section 612 of the tax law is amended by adding
    44  a new paragraph 48 to read as follows:
    45    (48) The amount of any damage  awards  received  pursuant  to  section
    46  eight-b  of  the  court  of  claims  act and not excludable from federal
    47  adjusted gross income.
    48    § 4. The education law is amended by adding a  new  section  668-h  to
    49  read as follows:
    50    §  668-h.  Wrongful  conviction  recovery  scholarships.  1.  Eligible
    51  persons.   Notwithstanding  subdivision  five  of  section  six  hundred
    52  sixty-one  of  this  article, individuals pursuant to section eight-b of
    53  the court of claims act that have been determined to be  entitled  to  a
    54  judgment for unjust conviction or upon their election any children of an
    55  individual  having  been  determined  to  be  entitled to a judgment for
        A. 4440                             4

     1  unjust conviction shall be eligible to  receive  a  wrongful  conviction
     2  recovery scholarship.
     3    2.  Amount.  (a)  The president shall grant annual scholarships to any
     4  person eligible pursuant to subdivision one of this section.  Recipients
     5  shall  be  granted annual scholarships if they are attending an institu-
     6  tion of the city university of New York or an institution of  the  state
     7  university  of New York including the statutory colleges at Cornell, the
     8  college of environmental  science  and  forestry  at  Syracuse  and  the
     9  college of ceramics at Alfred. The annual award shall be an amount equal
    10  to  the tuition charged at such institution provided that, notwithstand-
    11  ing any provision of law to the contrary, the tuition charged  to  award
    12  recipients  shall  not  exceed  that  charged to state resident students
    13  attending such institution; the mandatory fees charged at such  institu-
    14  tion;  and  the  non-tuition  cost  of attendance at such institution or
    15  college, provided that the scholarship shall not exceed an  amount  that
    16  is equal to the total cost of attendance determined for federal Title IV
    17  student  financial  aid purposes, less all other scholarships and grants
    18  provided by New York state, other states,  the  federal  government,  or
    19  other governments, and the amount of educational benefits paid under any
    20  program that would duplicate the purposes of this program, provided that
    21  any  scholarships  or  grants provided to a recipient by the institution
    22  which are intended to fund any portion of  the  difference  between  the
    23  annual state award and the actual costs of attendance at any such insti-
    24  tution  shall  not  be  considered  to  duplicate  the  purposes of this
    25  program.
    26    (b) "Non-tuition cost of attendance", as  used  in  this  subdivision,
    27  shall  mean:  (i)  the actual amount charged by the institution for room
    28  and board, and (ii) an allowance for transportation, books and  supplies
    29  as  determined  by  the president and as approved by the director of the
    30  budget, provided that such determination shall be  made  no  later  than
    31  December first of each year for use in the succeeding academic year.  In
    32  the event a student does not incur room or board charges at the institu-
    33  tion,  "non-tuition cost of attendance" shall mean an allowance for room
    34  and board as determined by the president and approved by the director of
    35  the budget. In determining allowances pursuant to this subparagraph, the
    36  president may take into consideration the allowances provided for in the
    37  Pell grant program.
    38    (c) In no event shall the combination of  all  student  financial  aid
    39  received  by  a student exceed a recipient's total cost of attendance at
    40  the institution being attended.
    41    3. Duration. Awards under this section shall be payable  for  each  of
    42  not more than four academic years of undergraduate study or five academ-
    43  ic  years  if  a program normally requires five years, as defined by the
    44  commissioner pursuant to article thirteen of this title.
    45    § 5. The civil service law is amended by adding a new section 85-d  to
    46  read as follows:
    47    §  85-d.  Additional  credits allowed for the wrongfully convicted. 1.
    48  Additional credit authorized. Additional credits  shall  be  allowed  to
    49  successful claimants under section eight-b of the court of claims act in
    50  competitive  examinations  for original appointment. (a) On all eligible
    51  lists resulting from competitive examinations,  the  names  of  eligible
    52  persons  shall  be entered in the order of their respective final earned
    53  ratings on examinations, with the name of the eligible person  with  the
    54  highest  final earned ratings at the head of such list, provided, howev-
    55  er, that for the purpose of determining final earned ratings, successful
    56  claimants under section eight-b of the court  of  claims  act  shall  be
        A. 4440                             5

     1  entitled  to  receive an additional ten points in a competitive examina-
     2  tion for original appointment.
     3    (b)  Such  additional credit shall be added to the final earned rating
     4  of such successful claimant after such successful claimant has qualified
     5  in the competitive examination and shall be granted only at the time  of
     6  establishment of the resulting eligible list.
     7    2. Application for additional credit; proof of eligibility; establish-
     8  ment  of  eligible list.   Any candidate, believing themself entitled to
     9  additional credit in a  competitive  examination  as  provided  in  this
    10  section,  may  make  application  for such additional credit at any time
    11  between the date of their application for examination and  the  date  of
    12  the  establishment  of the resulting eligible list. Such candidate shall
    13  be allowed a period of not less than two months from  the  date  of  the
    14  filing  of  their  application  for examination in which to establish by
    15  appropriate documentary proof their eligibility  to  receive  additional
    16  credit  under  this  section.  At any time after two months have elapsed
    17  since the final date for filing applications for a competitive  examina-
    18  tion  for  original  appointment,  the eligible list resulting from such
    19  examination may be established, notwithstanding the fact that a success-
    20  ful claimant who has applied for additional credit has failed to  estab-
    21  lish  their  eligibility  to receive such additional credit. A candidate
    22  who fails to establish, by appropriate documentary proof,  their  eligi-
    23  bility  to  receive  additional  credit  by the time an eligible list is
    24  established shall not thereafter be granted additional  credit  on  such
    25  eligible list.
    26    3.  Use of additional credit. (a) Except as otherwise provided in this
    27  subdivision, no person who has received a permanent original appointment
    28  in the civil service of the state or of any city or civil division ther-
    29  eof from an eligible list on which such person  was  allowed  the  addi-
    30  tional  credit  granted  by this section as a successful claimant, shall
    31  thereafter be entitled to any additional credit under this section as  a
    32  successful claimant.
    33    (b) Where, at the time of establishment of an eligible list, the posi-
    34  tion  of a successful claimant on such list has not been affected by the
    35  addition of credits granted under this section, the appointment of  such
    36  successful  claimant from such eligible list shall not be deemed to have
    37  been made from an eligible list on which such  successful  claimant  was
    38  allowed the additional credit granted by this section.
    39    (c) If, at the time of appointment from an eligible list, a successful
    40  claimant is in the same relative standing among the eligible persons who
    41  are  willing  to  accept appointment as if  such successful claimant had
    42  not been granted the additional credits as  provided  by  this  section,
    43  their appointment from such eligible persons shall not be deemed to have
    44  been  made  from  an eligible list on which such successful claimant was
    45  allowed such additional credits.
    46    (d) Where a successful claimant has been originally appointed from  an
    47  eligible  list  on which such successful claimant was allowed such addi-
    48  tional credit, but such appointment is thereafter terminated  either  at
    49  the  end of the probationary term or by resignation at or before the end
    50  of the probationary term, such successful claimant shall not  be  deemed
    51  to  have  been  appointed,  as the case may be, from an eligible list on
    52  which such successful claimant is allowed additional  credit,  and  such
    53  appointment  shall not affect their eligibility for additional credit in
    54  other examinations.
    55    4. Withdrawal of application; election to relinquish additional  cred-
    56  it.  An  application  for additional credit in a competitive examination
        A. 4440                             6

     1  under this section may be withdrawn by the applicant at any  time  prior
     2  to  the establishment of the resulting eligible list. At any time during
     3  the term of existence of an eligible list resulting from  a  competitive
     4  examination  in  which a successful claimant has received the additional
     5  credit granted by this section,  such  successful  claimant  may  elect,
     6  prior  to  permanent  original appointment, to relinquish the additional
     7  credit theretofore granted to them and accept the lower position on such
     8  eligible list to which such successful  claimant  would  otherwise  have
     9  been entitled; provided, however, that such election shall thereafter be
    10  irrevocable.  Such  election  shall  be  in  writing  and  signed by the
    11  successful claimant, and transmitted to the department or the  appropri-
    12  ate municipal civil service commission.
    13    5.  Roster.  The department and each municipal commission shall estab-
    14  lish and maintain in its office a roster of all such  successful  claim-
    15  ants appointed as a result of additional credits granted by this section
    16  to  positions  under  its  jurisdiction. The appointment of a successful
    17  claimant as a result  of  additional  credits  shall  be  void  if  such
    18  successful  claimant, prior to such appointment, had been appointed as a
    19  result of additional credits granted by this section.
    20    § 6. This act shall take effect immediately and shall apply to  claims
    21  filed on and after such date.