§ 8-B — Claims for unjust conviction and imprisonment

New York § 8-B

• Jurisdiction: New York
• Law CTC: Court of Claims
• Art. 2: Jurisdiction

Text

§ 8-b. Claims for unjust conviction and imprisonment. 1. The\nlegislature finds and declares that innocent persons who have been\nwrongly convicted of crimes and subsequently imprisoned have been\nfrustrated in seeking legal redress due to a variety of substantive and\ntechnical obstacles in the law and that such persons should have an\navailable avenue of redress over and above the existing tort remedies to\nseek compensation for damages. The legislature intends by enactment of\nthe provisions of this section that those innocent persons who can\ndemonstrate by clear and convincing evidence that they were unjustly\nconvicted and imprisoned be able to recover damages against the state.\nIn light of the substantial burden of proof that must be carried by such\npersons, it is the intent of the legislature that the court, in\nexercising its discretion as permitted by law regarding the weight and\nadmissibility of evidence submitted pursuant to this section, shall, in\nthe interest of justice, give due consideration to difficulties of proof\ncaused by the passage of time, the death or unavailability of witnesses,\nthe destruction of evidence or other factors not caused by such persons\nor those acting on their behalf.\n 2. Any person convicted and subsequently imprisoned for one or more\nfelonies or misdemeanors against the state which he did not commit may,\nunder the conditions hereinafter provided, present a claim for damages\nagainst the state. In scheduling court appearances and filing deadlines,\nthe court shall give docket priority at each stage of the proceeding to\nsuch claims for damages under this subdivision where the claimant\nasserts proof of innocence through DNA evidence. Any adjournments\ngranted in the course of such a proceeding should be for as short a time\nas is practicable.\n 3. In order to present the claim for unjust conviction and\nimprisonment, claimant must establish by documentary evidence that:\n (a) he has been convicted of one or more felonies or misdemeanors\nagainst the state and subsequently sentenced to a term of imprisonment,\nand has served all or any part of the sentence; and\n (b) (i) he has been pardoned upon the ground of innocence of the crime\nor crimes for which he was sentenced and which are the grounds for the\ncomplaint; or (ii) his judgment of conviction was reversed or vacated,\nand the accusatory instrument dismissed or, if a new trial was ordered,\neither he was found not guilty at the new trial or he was not retried\nand the accusatory instrument dismissed; provided that the judgement of\nconviction was reversed or vacated, and the accusatory instrument was\ndismissed, on any of the following grounds: (A) paragraph (a), (b), (c),\n(e) or (g) of subdivision one of section 440.10 of the criminal\nprocedure law; or (B) subdivision one (where based upon grounds set\nforth in item (A) hereof), two, three (where the count dismissed was the\nsole basis for the imprisonment complained of) or five of section 470.20\nof the criminal procedure law; or (C) comparable provisions of the\nformer code of criminal procedure or subsequent law; or (D) the statute,\nor application thereof, on which the accusatory instrument was based\nviolated the constitution of the United States or the state of New York;\nand\n (c) his claim is not time-barred by the provisions of subdivision\nseven of this section.\n 4. The claim shall state facts in sufficient detail to permit the\ncourt to find that claimant is likely to succeed at trial in proving\nthat (a) he did not commit any of the acts charged in the accusatory\ninstrument or his acts or omissions charged in the accusatory instrument\ndid not constitute a felony or misdemeanor against the state, and (b) he\ndid not by his own conduct cause or bring about his conviction. The\nclaim shall be verified by the claimant. If the court finds after\nreading the claim that claimant is not likely to succeed at trial, it\nshall dismiss the claim, either on its own motion or on the motion of\nthe state.\n 5. In order to obtain a judgment in his favor, claimant must prove by\nclear and convincing evidence that:\n (a) he has been convicted of one or more felonies or misdemeanors\nagainst the state and subsequently sentenced to a term of imprisonment,\nand has served all or any part of the sentence; and\n (b) (i) he has been pardoned upon the ground of innocence of the crime\nor crimes for which he was sentenced and which are the grounds for the\ncomplaint; or (ii) his judgment of conviction was reversed or vacated,\nand the accusatory instrument dismissed or, if a new trial was ordered,\neither he was found not guilty at the new trial or he was not retried\nand the accusatory instrument dismissed; provided that the judgement of\nconviction was reversed or vacated, and the accusatory instrument was\ndismissed, on any of the following grounds: (A) paragraph (a), (b), (c),\n(e) or (g) of subdivision one of section 440.10 of the criminal\nprocedure law; or (B) subdivision one (where based upon grounds set\nforth in item (A) hereof), two, three (where the count dismissed was the\nsole basis for the imprisonment complained of) or five of section 470.20\nof the criminal procedure law; or (C) comparable provisions of the\nformer code of criminal procedure or subsequent law; or (D) the statute,\nor application thereof, on which the accusatory instrument was based\nviolated the constitution of the United States or the state of New York;\nand\n (c) he did not commit any of the acts charged in the accusatory\ninstrument or his acts or omissions charged in the accusatory instrument\ndid not constitute a felony or misdemeanor against the state; and\n (d) he did not by his own conduct cause or bring about his conviction.\n 6. If the court finds that the claimant is entitled to a judgment, it\nshall award damages in such sum of money as the court determines will\nfairly and reasonably compensate him.\n 7. Any person claiming compensation under this section based on a\npardon that was granted before the effective date of this section or the\ndismissal of an accusatory instrument that occurred before the effective\ndate of this section shall file his claim within two years after the\neffective date of this section. Any person claiming compensation under\nthis section based on a pardon that was granted on or after the\neffective date of this section or the dismissal of an accusatory\ninstrument that occurred on or after the effective date of this section\nshall file his claim within two years after the pardon or dismissal.\n