Introduction:

New York State Senate Bill S5824 recognizes that individuals who have been unjustly convicted and imprisoned deserve a fair and accessible process for seeking compensation and exoneration.

Under this bill, claimants would be required to establish certain criteria by documentary evidence in order to present their claims. Specifically, they must demonstrate that they have been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and have served all or any part of the sentence. They must also demonstrate that the one or more felonies and misdemeanors have been dismissed with prejudice following serving all or part of the sentence. Additionally, their claim must not be time-barred.

By establishing these criteria, the bill ensures that claims for unjust conviction and imprisonment are presented in a fair and consistent manner, and that claimants have a clear pathway to seeking compensation and exoneration. This is especially important for individuals who have been wrongfully convicted and imprisoned for years or even decades, and who may have faced significant barriers in presenting their claims under the current legal system.

BILL NUMBER:

S5824

SPONSOR:

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TITLE OF BILL:

An act to amend the court of claims act, in relation to claims for unjust conviction and imprisonment

PURPOSE:

This bill will provide that those innocent persons who can demonstrate by clear and convincing evidence that they were unjustly convicted and
imprisoned are able to recover damages against the state for time served.

SUMMARY OF PROVISIONS:

This bill amends section 8b of the court of claims act of 1984 to provide a five year window for a case to me made that damages should be awarded to the victim of a proven wrongful conviction.

JUSTIFICATION:

Innocent persons who have been wrongly convicted of crimes and subsequently imprisoned have been frustrated in seeking legal redress due to a variety of substantive and technical obstacles in the law and that such persons should have an available avenue of redress over and above the existing tort remedies to seek compensation for damages.

The legislature intends by enactment of the provisions of this section that those innocent persons who can demonstrate by clear and convincing evidence that they were unjustly convicted and imprisoned be able to recover damages against the state.

In light of the substantial burden of proof that must be carried by such persons, it is the intent of the legislature that the court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted pursuant to this section, shall, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by such persons or those acting on their behalf.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

TBD.

EFFECTIVE DATE:

This act shall take effect immediately.