assembly Bill A3012

2015-2016 Legislative Session

Relates to the definition of immunity and motions to dismiss information or indictment based upon a claim of immunity

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2015 referred to ways and means

A3012 (ACTIVE) - Details

See Senate Version of this Bill:
S2012
Law Section:
Budget Bills
Laws Affected:
Amd ยงยง50.10, 170.30, 210.35 & 710.20, CP L

A3012 (ACTIVE) - Summary

Relates to the definition of immunity and motions to dismiss information or indictment based upon a claim of immunity.

A3012 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2012                                                  A. 3012

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  to  amend  the criminal procedure law, in relation to the defi-
  nition of immunity and motions to dismiss  information  or  indictment
  based upon a claim of immunity

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 50.10 of the criminal procedure law is amended  to
read as follows:
S  50.10  Compulsion  of  evidence  by offer of immunity; definitions of
            terms.
  The following definitions are applicable to this article:
  1.  "Immunity." [A person who has been a witness in a  legal  proceed-
ing,  and  who cannot, except as otherwise provided in this subdivision,
be convicted of any offense or subjected to any  penalty  or  forfeiture
for  or  on account of any transaction, matter or thing concerning which
he gave evidence therein, possesses "immunity" from any such conviction,
penalty or forfeiture.] (A) A PERSON WHO HAS BEEN A WITNESS IN  A  LEGAL
PROCEEDING,  AND  NEITHER  THE  EVIDENCE  GIVEN  BY THAT WITNESS NOR ANY
EVIDENCE DERIVED DIRECTLY OR INDIRECTLY THEREFROM MAY  BE  USED  AGAINST
THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
SITION OF ANY PENALTY OR FORFEITURE POSSESSES "IMMUNITY".
  (B) A person who possesses such immunity may nevertheless be convicted
of  perjury  as  a  result of having given false testimony in such legal
proceeding, and may be convicted of or adjudged in contempt as a  result
of  having  contumaciously  refused  to  give  evidence therein, AND THE
EVIDENCE GIVEN BY THE PERSON AT  THE  PROCEEDING  AT  WHICH  THE  PERSON
POSSESSED  IMMUNITY  MAY  BE USED AGAINST SUCH PERSON IN ANY SUCH PROSE-
CUTION FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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