Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence that: he or she has been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence; and such claimant has had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and thier claim is not time-barred.
STATE OF NEW YORK
________________________________________________________________________
10797
IN ASSEMBLY
April 1, 2026
___________
Introduced by M. of A. HOOKS -- read once and referred to the Committee
on Judiciary
AN ACT to amend the court of claims act, in relation to 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. Section 8-b of the court of claims act, as added by chapter
2 1009 of the laws of 1984, subdivision 2 as amended by chapter 210 of the
3 laws of 2007, is amended to read as follows:
4 § 8-b. Claims for unjust conviction and imprisonment. 1. The legisla-
5 ture finds and declares that innocent persons who have been wrongly
6 convicted of crimes and subsequently imprisoned have been frustrated in
7 seeking legal redress due to a variety of substantive and technical
8 obstacles in the law and that such persons should have an available
9 avenue of redress over and above the existing tort remedies to seek
10 compensation for damages. The legislature intends by enactment of the
11 provisions of this section that those innocent persons who can demon-
12 strate by clear and convincing evidence that they were unjustly
13 convicted and imprisoned be able to recover damages against the state.
14 In light of the substantial burden of proof that must be carried by such
15 persons, it is the intent of the legislature that the court, in exercis-
16 ing its discretion as permitted by law regarding the weight and admissi-
17 bility of evidence submitted pursuant to this section, shall, in the
18 interest of justice, give due consideration to difficulties of proof
19 caused by the passage of time, the death or unavailability of witnesses,
20 the destruction of evidence or other factors not caused by such persons
21 or those acting on their behalf.
22 2. Any person convicted and subsequently imprisoned for one or more
23 felonies or misdemeanors against the state which [he] such person did
24 not commit may, under the conditions hereinafter provided, present a
25 claim for damages against the state. In scheduling court appearances and
26 filing deadlines, the court shall give docket priority at each stage of
27 the proceeding to such claims for damages under this subdivision where
28 the claimant asserts proof of innocence through DNA evidence. Any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05849-01-5
A. 10797 2
1 adjournments granted in the course of such a proceeding should be for as
2 short a time as is practicable.
3 3. In order to present the claim for unjust conviction and imprison-
4 ment, claimant must establish by documentary evidence that:
5 (a) [he has] they have been convicted of one or more felonies or
6 misdemeanors against the state and subsequently sentenced to a term of
7 imprisonment, and has served all or any part of the sentence; and
8 (b) [(i) he has been pardoned upon the ground of innocence of the
9 crime or crimes for which he was sentenced and which are the grounds for
10 the complaint; or (ii) his judgment of conviction was reversed or
11 vacated, and the accusatory instrument dismissed or, if a new trial was
12 ordered, either he was found not guilty at the new trial or he was not
13 retried and the accusatory instrument dismissed; provided that the
14 judgement of conviction was reversed or vacated, and the accusatory
15 instrument was dismissed, on any of the following grounds: (A) paragraph
16 (a), (b), (c), (e) or (g) of subdivision one of section 440.10 of the
17 criminal procedure law; or (B) subdivision one (where based upon grounds
18 set forth in item (A) hereof), two, three (where the count dismissed was
19 the sole basis for the imprisonment complained of) or five of section
20 470.20 of the criminal procedure law; or (C) comparable provisions of
21 the former code of criminal procedure or subsequent law; or (D) the
22 statute, or application thereof, on which the accusatory instrument was
23 based violated the constitution of the United States or the state of New
24 York] they have had one or more felonies and misdemeanors dismissed with
25 prejudice following serving all or part of the sentence; and
26 (c) [his] their claim is not time-barred by the provisions of subdivi-
27 sion seven of this section.
28 4. The claim shall state facts in sufficient detail to permit the
29 court to find that claimant is likely to succeed at trial in proving
30 that (a) [he] they did not commit any of the acts charged in the accusa-
31 tory instrument or conviction or [his] their acts or omissions charged
32 in the accusatory instrument or conviction did not constitute a felony
33 or misdemeanor against the state, and (b) [he] they did not by [his]
34 their own conduct cause or bring about [his] their conviction. The claim
35 shall be verified by the claimant. If the court finds after reading the
36 claim that claimant is not likely to succeed at trial, it shall dismiss
37 the claim, either on its own motion or on the motion of the state.
38 5. In order to obtain a judgment in [his] their favor, claimant must
39 prove by clear and convincing evidence that:
40 (a) [he has] they have been convicted of one or more felonies or
41 misdemeanors against the state and subsequently sentenced to a term of
42 imprisonment, and has served all or any part of the sentence; and
43 (b) [(i) he has been pardoned upon the ground of innocence of the
44 crime or crimes for which he was sentenced and which are the grounds for
45 the complaint; or (ii) his judgment of conviction was reversed or
46 vacated, and the accusatory instrument dismissed or, if a new trial was
47 ordered, either he was found not guilty at the new trial or he was not
48 retried and the accusatory instrument dismissed; provided that the
49 judgement of conviction was reversed or vacated, and the accusatory
50 instrument was dismissed, on any of the following grounds: (A) paragraph
51 (a), (b), (c), (e) or (g) of subdivision one of section 440.10 of the
52 criminal procedure law; or (B) subdivision one (where based upon grounds
53 set forth in item (A) hereof), two, three (where the count dismissed was
54 the sole basis for the imprisonment complained of) or five of section
55 470.20 of the criminal procedure law; or (C) comparable provisions of
56 the former code of criminal procedure or subsequent law; or (D) the
A. 10797 3
1 statute, or application thereof, on which the accusatory instrument was
2 based violated the constitution of the United States or the state of New
3 York] they have had one or more felonies and misdemeanors dismissed with
4 prejudice following serving all or part of the sentence; and
5 (c) [he] they did not commit any of the acts charged in the accusatory
6 instrument or conviction or [his] their acts or omissions charged in the
7 accusatory instrument or conviction did not constitute a felony or
8 misdemeanor against the state; and
9 (d) [he] they did not by [his] their own conduct cause or bring about
10 [his] their conviction.
11 6. If the court finds that the claimant is entitled to a judgment, it
12 shall award damages in such sum of money as the court determines will
13 fairly and reasonably compensate [him] them.
14 7. Any person claiming compensation under this section based on a
15 pardon that was granted before the effective date of this section or the
16 dismissal of an accusatory instrument or conviction that occurred before
17 the effective date of this section shall file [his] their claim within
18 [two] five years after the effective date of this section. Any person
19 claiming compensation under this section based on a pardon that was
20 granted on or after the effective date of this section or the dismissal
21 of an accusatory instrument or conviction that occurred on or after the
22 effective date of this section shall file [his] their claim within [two]
23 five years after the pardon or dismissal.
24 § 2. This act shall take effect immediately.
