Int. No. 743
By Council Members Barron and Reynoso
Title
A Local Law to amend the administrative code of the city of New York, in relation to child support for persons wrongly incarcerated due to prosecutorial misconduct
Body
Be it enacted by the Council as follows:
Section 1. Chapter 2 of title 7 of the administrative code of the city of New York is amended to add a new section 7-213 to read as follows:
? 7-213 Authority to make payments for child support for persons wrongly incarcerated due to prosecutorial misconduct. a. The comptroller, after consultation with the corporation counsel, is hereby authorized and empowered to make a payment to a recipient of child support, pursuant to section 413 of the family court act, upon application by either the supporting parent or the recipient of child support, when the following criteria are met:
1. the supporting parent was prosecuted by a district attorney representing one of New York city's five boroughs;
2. there is an unpaid amount of child support that was due during a period of time in which the supporting parent was incarcerated;
3. the supporting parent was not convicted of any felony or misdemeanor in connection with their incarceration, nor does any felony or misdemeanor charge in connection with their incarceration remain pending, or, if there was a conviction, such conviction has since been vacated pursuant to the criminal procedure law or a claim of unjust conviction has been found by a court of competent jurisdiction pursuant to section 8-b of the court of claims act;
4. a court of competent jurisdiction has held that there was prosecutorial misconduct in relation to the supporting parent's incarceration or, under criteria to be determined by the comptroller and the corporation counsel, where the wrongful actions of a district attorney have resulted in incarceration or an undue extension of incarceration;
5. the supporting parent, the recipient of child support, an...
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