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 08, 2019 |
referred to codes delivered to assembly passed senate |
Apr 10, 2019 |
advanced to third reading |
Apr 09, 2019 |
2nd report cal. |
Apr 08, 2019 |
1st report cal.394 |
Mar 15, 2019 |
referred to codes |
Senate Bill S4572
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D, WF) 46th Senate District
(D) Senate District
(D) Senate District
(D) 14th Senate District
2019-S4572 (ACTIVE) - Details
2019-S4572 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4572 SPONSOR: KAMINSKY TITLE OF BILL: An act to amend the criminal procedure law, in relation to presidential reprieve, pardon or other form of clemency and previous prosecution SUMMARY: OF SPECIFIC 'PROVISIONS: Section 1 of the bill amends the criminal procedure law by adding a new section 40.51 establishing additional circumstances under which a prose- cution is considered not to have occurred for the purposes of criminal procedure law section 40.20's bars on successive prosecutions. The new section states that, despite the occurrence of proceedings otherwise constituting a prosecution, as described in subdivision one of section 40.30 of the criminal procedure law, a prosecution is not considered to have occurred if a person has been granted a reprieve, pardon, or other form of clemency for the offense by the President of the United States, and: 1) such person served in or was employed by the executive branch of the
2019-S4572 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4572 2019-2020 Regular Sessions I N S E N A T E March 15, 2019 ___________ Introduced by Sen. KAMINSKY -- (at request of the Attorney General) -- read twice and ordered printed, and when printed to be committed 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10570-03-9
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