assembly Bill A6653

Signed By Governor
2019-2020 Legislative Session

Relates to presidential reprieve, pardon or other form of clemency and previous prosecution

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Sponsored By

Archive: Last Bill Status Via S4572 - Signed by Governor

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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 16, 2019 signed chap.374
Oct 11, 2019 delivered to governor
May 21, 2019 returned to senate
passed assembly
ordered to third reading rules cal.62
substituted for a6653
May 21, 2019 substituted by s4572
rules report cal.62
reported
reported referred to rules
Mar 14, 2019 referred to codes

Votes

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May 8, 2019 - floor Vote

S4572
38
23
floor
38
Aye
23
Nay
0
Absent
1
Excused
0
Abstained
show floor vote details

Floor Vote: May 8, 2019

aye (38)
nay (23)
excused (1)

Apr 8, 2019 - Codes committee Vote

S4572
8
3
committee
8
Aye
3
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 8, 2019

aye (8)
nay (3)
aye wr (1)
excused (1)

Co-Sponsors

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Multi-Sponsors

A6653 (ACTIVE) - Details

See Senate Version of this Bill:
S4572
Law Section:
Criminal Procedure Law
Laws Affected:
Add §40.51, CP L

A6653 (ACTIVE) - Summary

Authorizes prosecution where a person receives a presidential reprieve, pardon or other form of clemency when certain conditions are met.

A6653 (ACTIVE) - Bill Text download pdf 


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

                                  6653

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2019
                               ___________

Introduced  by  M. of A. LENTOL -- (at request of the Department of Law)
  -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  presidential
  reprieve, pardon or other form of clemency and previous prosecution

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 40.51 to read as follows:
§ 40.51 PREVIOUS  PROSECUTION:  PRESIDENTIAL  REPRIEVE,  PARDON OR OTHER
          FORM OF CLEMENCY.
  WHEN A PERSON HAS BEEN GRANTED A REPRIEVE, PARDON  OR  OTHER  FORM  OF
CLEMENCY FOR AN OFFENSE PURSUANT TO THE AUTHORITY GRANTED IN SECTION TWO
OF  ARTICLE  TWO OF THE UNITED STATES CONSTITUTION, A SEPARATE OR SUBSE-
QUENT PROSECUTION OF AN OFFENSE IS NOT BARRED UNDER  THIS  ARTICLE  WHEN
THE PEOPLE DEMONSTRATE, BY CLEAR AND CONVINCING EVIDENCE, THAT:
  1.  (A)  SUCH PERSON SERVED IN OR WAS EMPLOYED BY THE EXECUTIVE BRANCH
OF THE GOVERNMENT OF THE UNITED STATES ON THE  EXECUTIVE  STAFF  OF  THE
PRESIDENT,  IN THE EXECUTIVE OFFICE OF THE PRESIDENT, OR IN AN ACTING OR
CONFIRMED CAPACITY IN A POSITION SUBJECT TO CONFIRMATION BY  THE  UNITED
STATES  SENATE,  AT  A  TIME  WHEN THE PRESIDENT GRANTING SUCH REPRIEVE,
PARDON OR OTHER FORM OF CLEMENCY SERVED AS PRESIDENT  OR  VICE-PRESIDENT
OF  THE  UNITED  STATES;  OR  (B) SUCH PERSON WAS DIRECTLY OR INDIRECTLY
EMPLOYED BY, OR ACTED AS AN AGENT OF, THE ELECTION, TRANSITION OR  RE-E-
LECTION  CAMPAIGN  OF  THE  PRESIDENT  GRANTING SUCH REPRIEVE, PARDON OR
OTHER FORM OF CLEMENCY OR ANY FOR-PROFIT OR NOT-FOR-PROFIT ENTITY  OWNED
OR  CONTROLLED  BY THE PRESIDENT GRANTING SUCH REPRIEVE, PARDON OR OTHER
FORM OF CLEMENCY; OR
  2. SUCH PERSON WAS, AT THE TIME THE PRESIDENT GRANTED  SUCH  REPRIEVE,
PARDON  OR  OTHER FORM OF CLEMENCY, RELATED BY CONSANGUINITY OR AFFINITY
WITHIN THE SIXTH DEGREE TO THE PRESIDENT GRANTING SUCH REPRIEVE,  PARDON
OR OTHER FORM OF CLEMENCY; OR

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