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NY A04440
Bill
Status
2/4/2025
Primary Sponsor
Erik Dilan
Click for details
AI Summary
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Renames the law the "Wrongful Conviction Recovery Act" and removes the requirement that claimants must have been imprisoned to seek damages—conviction alone is now sufficient
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Lowers the burden of proof from "clear and convincing evidence" to "preponderance of the evidence" and broadens the grounds under which a reversed conviction qualifies for a claim
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Establishes a minimum compensation of $1 million per year of incarceration for wrongfully convicted individuals, plus reasonable attorneys' fees for defense, appeals, and pursuing the claim
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Creates wrongful conviction recovery scholarships covering full tuition, fees, and living expenses at SUNY and CUNY institutions for exonerated individuals or their children, for up to 4-5 years
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Grants 10 additional points on civil service competitive examinations for original appointment to individuals who successfully prove wrongful conviction, and exempts damage awards from state income tax
Legislative Description
Relates to claims for unjust conviction.
Last Action
referred to judiciary
1/7/2026