Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence 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; and they have had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and their claim is not time-barred.
STATE OF NEW YORK
________________________________________________________________________
10797--A
IN ASSEMBLY
April 1, 2026
___________
Introduced by M. of A. HOOKS, MEEKS -- read once and referred to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05849-04-6
A. 10797--A 2
1 the claimant asserts proof of innocence through DNA evidence. Any
2 adjournments granted in the course of such a proceeding should be for as
3 short a time as is practicable.
4 3. In order to present the claim for unjust conviction and imprison-
5 ment, claimant must establish by documentary evidence that:
6 (a) [he has] they have been convicted of one or more felonies or
7 misdemeanors against the state and subsequently sentenced to a term of
8 imprisonment, and has served all or any part of the sentence; and
9 (b) (i) [he has] they have been pardoned upon the ground of innocence
10 of the crime or crimes for which [he was] they were sentenced and which
11 are the grounds for the complaint; or (ii) [his] their judgment of
12 conviction was reversed or vacated, and the accusatory instrument
13 dismissed or, if a new trial was ordered, either [he was] they were
14 found not guilty at the new trial or [he was] they were not retried and
15 the accusatory instrument dismissed; provided that the judgement of
16 conviction was reversed or vacated, and the accusatory instrument was
17 dismissed, on any of the following grounds: (A) paragraph (a), (b), (c),
18 (e) or (g) of subdivision one of section 440.10 of the criminal proce-
19 dure law; or (B) subdivision one (where based upon grounds set forth in
20 item (A) hereof), two, three (where the count dismissed was the sole
21 basis for the imprisonment complained of) or five of section 470.20 of
22 the criminal procedure law; or (C) comparable provisions of the former
23 code of criminal procedure or subsequent law; or (D) the statute, or
24 application thereof, on which the accusatory instrument was based
25 violated the constitution of the United States or the state of New York;
26 or they have had one or more felonies and misdemeanors dismissed with
27 prejudice following serving all or part of the sentence; and
28 (c) [his] their claim is not time-barred by the provisions of subdivi-
29 sion seven of this section.
30 4. The claim shall state facts in sufficient detail to permit the
31 court to find that claimant is likely to succeed at trial in proving
32 that (a) [he] they did not commit any of the acts charged in the accusa-
33 tory instrument or conviction or [his] their acts or omissions charged
34 in the accusatory instrument or conviction did not constitute a felony
35 or misdemeanor against the state, and (b) [he] they did not by [his]
36 their own conduct cause or bring about [his] their conviction. The claim
37 shall be verified by the claimant. If the court finds after reading the
38 claim that claimant is not likely to succeed at trial, it shall dismiss
39 the claim, either on its own motion or on the motion of the state.
40 5. In order to obtain a judgment in [his] their favor, claimant must
41 prove by clear and convincing evidence that:
42 (a) [he has] they have been convicted of one or more felonies or
43 misdemeanors against the state and subsequently sentenced to a term of
44 imprisonment, and has served all or any part of the sentence; and
45 (b) (i) [he has] they have been pardoned upon the ground of innocence
46 of the crime or crimes for which [he was] they were sentenced and which
47 are the grounds for the complaint; or (ii) [his] their judgment of
48 conviction was reversed or vacated, and the accusatory instrument
49 dismissed or, if a new trial was ordered, either [he was] they were
50 found not guilty at the new trial or [he was] they were not retried and
51 the accusatory instrument dismissed; provided that the judgement of
52 conviction was reversed or vacated, and the accusatory instrument was
53 dismissed, on any of the following grounds: (A) paragraph (a), (b), (c),
54 (e) or (g) of subdivision one of section 440.10 of the criminal proce-
55 dure law; or (B) subdivision one (where based upon grounds set forth in
56 item (A) hereof), two, three (where the count dismissed was the sole
A. 10797--A 3
1 basis for the imprisonment complained of) or five of section 470.20 of
2 the criminal procedure law; or (C) comparable provisions of the former
3 code of criminal procedure or subsequent law; or (D) the statute, or
4 application thereof, on which the accusatory instrument was based
5 violated the constitution of the United States or the state of New York;
6 or they have had one or more felonies and misdemeanors dismissed with
7 prejudice following serving all or part of the sentence; and
8 (c) [he] they did not commit any of the acts charged in the accusatory
9 instrument or conviction that caused their incarceration or [his] their
10 acts or omissions charged in the accusatory instrument or conviction did
11 not constitute a felony or misdemeanor against the state; and
12 (d) [he] they did not by [his] their own conduct cause or bring about
13 [his] their conviction by pleading guilty to the crime that caused their
14 incarceration.
15 6. If the court finds that the claimant is entitled to a judgment, it
16 shall award damages in such sum of money as the court determines will
17 fairly and reasonably compensate [him] them.
18 7. Any person claiming compensation under this section based on a
19 pardon that was granted before the effective date of this section or the
20 dismissal of an accusatory instrument or conviction that occurred before
21 the effective date of this section shall file [his] their claim within
22 [two] five years after the effective date of this section. Any person
23 claiming compensation under this section based on a pardon that was
24 granted on or after the effective date of this section or the dismissal
25 of an accusatory instrument or conviction that occurred on or after the
26 effective date of this section shall file [his] their claim within [two]
27 five years after the pardon or dismissal.
28 § 2. This act shall take effect immediately.
