New York State Assembly

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S00310 Summary:

BILL NO	S00310
SAME AS	SAME AS A00577
SPONSOR	ESPAILLAT
COSPNSR
MLTSPNSR
Permits certain persons to commence an action for unjust conviction in the court of claims.

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S00310 Actions:

BILL NO	S00310
01/07/2015	REFERRED TO JUDICIARY
01/06/2016	REFERRED TO JUDICIARY

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S00310 Committee Votes:

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S00310 Floor Votes:

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S00310 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           310
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN  ACT  in  relation  to permitting certain persons to file a claim for
          unjust conviction in the court of claims
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Notwithstanding  any  other  provision of law, any action
     2  commenced by the filing of a claim in the office of  the  clerk  of  the
     3  court  of claims on March 25, 1999 and amended on May 26, 1999 which was
     4  brought by a claimant whose second degree murder  conviction  was  over-
     5  turned  on  May  21, 1998 and whose court of claims action was dismissed
     6  solely because such conviction has been determined to have been  vacated
     7  pursuant  to  paragraph  (f)  of  subdivision 1 of section 440.10 of the
     8  criminal procedure law is hereby revived and a claim  may  be  commenced
     9  and brought to judgment, provided such claim is commenced within 90 days
    10  after the effective date of this act. Such action shall not be dismissed
    11  solely  based  on  the  grounds  that  claimant's conviction was vacated
    12  pursuant to paragraph (f) of subdivision 1  of  section  440.10  of  the
    13  criminal procedure law.
    14    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01905-01-5

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