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S7868 Senator Schneiderman / A11150 Assemblyman Lancman

An ACT to amend the court of claims act, in relation to claims for convictions; and to amend the criminal procedure law, in relation to the expungement of personal records.

MEMORANDUM IN OPPOSITION

S7868
Senator Schneiderman

A11150
Assemblyman Lancman

Click Here to read full bill

An ACT to amend the court of claims act, in relation to claims for convictions; and to amend the criminal procedure law, in relation to the expungement of personal records.

On behalf of the New York State Association of Chiefs of Police, we write to oppose Senate bill S 7868 and Assembly bill A 11150, which would amend the Court of Claims Act, in relation to claims for convictions; and to amend the criminal procedure law, in relation to the expungement of personal records, and urge that it not be enacted by the Legislature.

The current law only allows actually innocent defendants, who did not contribute to their conviction, to sue for damages in the Court of Claims. The bill changes that standard to allow defendants who have pleaded guilty or confessed to the crime to sue the state. This bill could open the floodgates to frivolous lawsuits that will be very expensive to litigate.

Since this bill would result in serious fiscal implications and encourage frivolous lawsuits against the state, we strongly urge that it not be enacted into law.

Click Here to print the Memorindum in Opposition

New York State Association of Chiefs of Police, Inc.

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