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NY A09965
Bill
Status
6/4/2014
Primary Sponsor
Joseph Lentol
Click for details
AI Summary
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Allows individuals convicted and imprisoned for felonies or misdemeanors they did not commit to file claims for damages against the state, with courts giving docket priority to claims based on DNA evidence of innocence.
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Requires claimants to prove by documentary evidence they were convicted and imprisoned, and that their conviction was either pardoned on grounds of innocence or reversed/vacated with the accusatory instrument dismissed under specified grounds in the Criminal Procedure Law.
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Establishes that confessions, admissions, or guilty pleas cannot be used as evidence of claimant misconduct unless made knowingly and voluntarily with intent to prevent investigation or prosecution of an unrelated crime or another person believed to be the perpetrator.
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Creates new subdivision 5-a providing that prior criminal court determinations that a confession was not involuntary are inadmissible as evidence that the claimant caused their own conviction.
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Extends the filing deadline for compensation claims from two years to three years after a pardon or dismissal, with the deadline tolled if retrial is permitted following the pardon or dismissal.
Legislative Description
Creates the unjust imprisonment act of 2014 relating to claims for unjust conviction and imprisonment.
Last Action
ordered to third reading rules cal.338
6/16/2014