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.
              

                                                            LBD10570-03-9

 A. 6653                             2
 
   3.  SUCH  PERSON  BEARS  ACCESSORIAL  LIABILITY, AS DEFINED IN SECTION
 20.00 OF THE PENAL LAW, OR CONSPIRATORIAL LIABILITY, WITHIN THE  MEANING
 OF  ARTICLE ONE HUNDRED FIVE OF THE PENAL LAW, FOR SUCH OFFENSE WITH ONE
 OR MORE PERSONS DESCRIBED IN SUBDIVISION ONE OR TWO OF THIS SECTION; OR
   4.  THE  PRESIDENT  WHO GRANTED SUCH REPRIEVE, PARDON OR OTHER FORM OF
 CLEMENCY TO SUCH PERSON (A) WAS  THEREBY  AIDED  IN  AVOIDING  POTENTIAL
 PROSECUTION  OR  CONVICTION;  (B) KNOWINGLY OBTAINED A BENEFIT FROM SUCH
 OFFENSE; OR (C) KNOWINGLY OBTAINED A TANGIBLE, MATERIAL BENEFIT FROM  OR
 ON BEHALF OF SUCH PERSON; OR
   5.  SUCH  PERSON  POSSESSED  OR  POSSESSES INFORMATION MATERIAL TO THE
 DETERMINATION OF ANY CRIMINAL OR CIVIL INVESTIGATION, ENFORCEMENT ACTION
 OR PROSECUTION OF THE PRESIDENT GRANTING SUCH REPRIEVE, PARDON OR  OTHER
 FORM  OF  CLEMENCY,  OR  OF ONE OR MORE PERSONS DESCRIBED IN SUBDIVISION
 ONE, TWO OR THREE OF THIS SECTION.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 offenses  committed  on  or  after  such  date  and  shall also apply to
 offenses committed before such date where the proceedings  specified  in
 subdivision  1  of  section 40.30 of the criminal procedure law have not
 occurred as of such date.