S 2696: Relates to proof of claims for unjust conviction and imprisonment.

  
  STATE OF NEW YORK ________________________________________________________________________ 2696 2025-2026 Regular Sessions  IN SENATE January 22, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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 proof of claims for unjust conviction and imprisonment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 3 of section 8-b of the court 2 of claims act, as added by chapter 1009 of the laws of 1984, is amended 3 to read as follows: 4 (b) (i) [he] the claimant has been pardoned upon the ground of inno- 5 cence of the crime or crimes for which [he] the claimant was sentenced 6 and which are the grounds for the complaint; or (ii) [his] the claim- 7 ant's judgment of conviction was reversed or vacated, and the accusatory 8 instrument dismissed or, if a new trial was ordered, either [he] the 9 claimant was found not guilty at the new trial or [he] was not retried 10 and the accusatory instrument dismissed; provided that the judgement of 11 conviction was reversed or vacated, and the accusatory instrument was 12 dismissed, on any of the following grounds: (A) paragraph (a), (b), (c), 13 (e) [or], (g) or (h) of subdivision one of section 440.10 of the crimi- 14 nal procedure law; or (B) subdivision one (where based upon grounds set 15 forth in item (A) hereof), two, three (where the count dismissed was the 16 sole basis for the imprisonment complained of) or five of section 470.20 17 of the criminal procedure law; or (C) comparable provisions of the 18 former code of criminal procedure or subsequent law; or (D) the statute, 19 or application thereof, on which the accusatory instrument was based 20 violated the constitution of the United States or the state of New York; 21 and 22 § 2. Paragraph (b) of subdivision 5 of section 8-b of the court of 23 claims act, as added by chapter 1009 of the laws of 1984, is amended to 24 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06090-01-5 
 S. 2696 2 1 (b) (i) [he] the claimant has been pardoned upon the ground of inno- 2 cence of the crime or crimes for which [he] the claimant was sentenced 3 and which are the grounds for the complaint; or (ii) [his] the claim- 4 ant's judgment of conviction was reversed or vacated, and the accusatory 5 instrument dismissed or, if a new trial was ordered, either [he] the 6 claimant was found not guilty at the new trial or [he] the claimant was 7 not retried and the accusatory instrument dismissed; provided that the 8 judgement of conviction was reversed or vacated, and the accusatory 9 instrument was dismissed, on any of the following grounds: (A) paragraph 10 (a), (b), (c), (e) [or], (g) or (h) of subdivision one of section 440.10 11 of the criminal procedure law; or (B) subdivision one (where based upon 12 grounds set forth in item (A) hereof), two, three (where the count 13 dismissed was the sole basis for the imprisonment complained of) or five 14 of section 470.20 of the criminal procedure law; or (C) comparable 15 provisions of the former code of criminal procedure or subsequent law; 16 or (D) the statute, or application thereof, on which the accusatory 17 instrument was based violated the constitution of the United States or 18 the state of New York; and 19 § 3. This act shall take effect immediately.