Bill Text: NY S00714 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the "coerced confession remediation act"; relates to exclusion of statements made or provided by a claimant in the course of a custodial interrogation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-01-28 - REPORTED AND COMMITTED TO FINANCE [S00714 Detail]

Download: New_York-2013-S00714-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          714
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the court of claims act, in relation to enactment of the
         coerced confession remediation act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "coerced confession remediation act".
    3    S 2. Subdivisions 4 and 5 of section 8-b of the court of  claims  act,
    4  as  added  by  chapter  1009 of the laws of 1984, are amended to read as
    5  follows:
    6    4. The claim shall state facts in  sufficient  detail  to  permit  the
    7  court  to  find  that  claimant is likely to succeed at trial in proving
    8  that (a) he OR SHE did not commit any of the acts charged in the accusa-
    9  tory instrument or his OR HER acts or omissions charged in the accusato-
   10  ry instrument did not constitute a felony  or  misdemeanor  against  the
   11  state,  and  (b)  he  OR  SHE did not by his OR HER own conduct cause or
   12  bring about his OR HER conviction, EXCLUDING ANY  ALLEGEDLY  INCULPATORY
   13  STATEMENT MADE OR PROVIDED BY THE CLAIMANT TO THE AUTHORITIES WHO INVES-
   14  TIGATED  OR PROSECUTED CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED IN
   15  ORDER TO IMPEDE THE INVESTIGATION OR PROSECUTION.   The claim  shall  be
   16  verified  by  the  claimant.  If the court finds after reading the claim
   17  that claimant is not likely to succeed at trial, it  shall  dismiss  the
   18  claim, either on its own motion or on the motion of the state.
   19    5.  In  order  to obtain a judgment in his OR HER favor, claimant must
   20  prove by clear and convincing evidence that:
   21    (a) he OR SHE has been convicted of one or more felonies or  misdemea-
   22  nors against the state and subsequently sentenced to a term of imprison-
   23  ment, and has served all or any part of the sentence; and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04678-01-3
       S. 714                              2
    1    (b)  (i)  he  OR SHE has been pardoned upon the ground of innocence of
    2  the crime or crimes for which he OR SHE was sentenced and which are  the
    3  grounds for the complaint; or (ii) his OR HER judgment of conviction was
    4  reversed  or  vacated,  and the accusatory instrument dismissed or, if a
    5  new  trial was ordered, either he OR SHE was found not guilty at the new
    6  trial or he OR  SHE  was  not  retried  and  the  accusatory  instrument
    7  dismissed;  provided  that  the  [judgement]  JUDGMENT of conviction was
    8  reversed or vacated, and the accusatory instrument was dismissed, on any
    9  of the following grounds: (A) paragraph (a), (b), (c),  (e)  or  (g)  of
   10  subdivision  one of section 440.10 of the criminal procedure law; or (B)
   11  subdivision one (where based upon grounds set forth in item (A) hereof),
   12  two, three (where the count dismissed was the sole basis for the  impri-
   13  sonment  complained of) or five of section 470.20 of the criminal proce-
   14  dure law; or (C) comparable provisions of the former  code  of  criminal
   15  procedure or subsequent law; or (D) the statute, or application thereof,
   16  on  which  the accusatory instrument was based violated the constitution
   17  of the United States or the state of New York; and
   18    (c) he OR SHE did not commit any of the acts charged in the accusatory
   19  instrument or his OR HER acts or omissions  charged  in  the  accusatory
   20  instrument did not constitute a felony or misdemeanor against the state;
   21  and
   22    (d)  he  OR SHE did not by his OR HER own conduct cause or bring about
   23  his OR HER conviction, EXCLUDING  ANY  ALLEGEDLY  INCULPATORY  STATEMENT
   24  MADE  OR PROVIDED BY THE CLAIMANT TO THE AUTHORITIES WHO INVESTIGATED OR
   25  PROSECUTED THE CLAIMANT UNLESS INTENTIONALLY MADE OR PROVIDED  IN  ORDER
   26  TO IMPEDE THE INVESTIGATION OR PROSECUTION.
   27    S 3. This act shall take effect immediately.