Loading chat...

NY A04440

Bill

Status

Introduced

2/4/2025

Primary Sponsor

Erik Dilan

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Judiciary2/4/2025

Full Bill Text

No bill text available