Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 | referred to codes |
Jan 09, 2019 | referred to codes |
senate Bill S85
Sponsored By
Todd Kaminsky
(D) 0 Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Joseph P. Addabbo Jr
(D) 15th Senate District
Jamaal T. Bailey
(D) 36th Senate District
Brian A. Benjamin
(D) 0 Senate District
Neil D. Breslin
(D, WF) 46th Senate District
S85 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §40.30, CP L
- Versions Introduced in 2017-2018 Legislative Session:
-
S8236
S85 (ACTIVE) - Sponsor Memo
BILL NUMBER: S85 SPONSOR: KAMINSKY TITLE OF BILL: An act to amend the criminal procedure law, in relation to the prosecution of certain offenses when a reprieve, pardon or other form of clemency for such offense has been granted SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 40.30 of the criminal procedure law by adding a new subdivision five establishing additional circumstances under which a prosecution is considered not to have occurred for the purposes of criminal procedure law section 40.20's bars on successive prosecutions. The new subdivision five states that, despite the occurrence of proceedings otherwise constituting a prosecution, as described in subdi- vision 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 Pres- ident of the United States, unless the recipient of the reprieve, pardon, or other form of clemency was convicted and sentenced for the
S85 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 85 2019-2020 Regular Sessions I N S E N A T E (PREFILED) January 9, 2019 ___________ Introduced by Sens. KAMINSKY, ADDABBO, BAILEY, BENJAMIN, BROOKS, CARLUC- CI, COMRIE, HOYLMAN, KAVANAGH, KRUEGER, MAYER, PARKER, SEPULVEDA, SERRANO, STAVISKY -- 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 the prose- cution of certain offenses when a reprieve, pardon or other form of clemency for such offense has been granted THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 40.30 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 5. (A) DESPITE THE OCCURRENCE OF PROCEEDINGS SPECIFIED IN SUBDIVISION ONE, A PERSON IS NOT DEEMED TO HAVE BEEN PROSECUTED FOR AN OFFENSE, WITHIN THE MEANING OF SECTION 40.20, WHEN SUCH PERSON HAS BEEN GRANTED A REPRIEVE, PARDON OR OTHER FORM OF CLEMENCY FOR SUCH OFFENSE PURSUANT TO THE AUTHORITY GRANTED IN SECTION TWO OF ARTICLE TWO OF THE UNITED STATES CONSTITUTION. (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO A REPRIEVE, PARDON OR OTHER FORM OF CLEMENCY FOR AN OFFENSE IF THE PERSON WAS CONVICTED AND SENTENCED FOR SUCH OFFENSE AND THE REPRIEVE, PARDON OR OTHER FORM OF CLEMENCY WAS GRANTED FIVE YEARS OR MORE AFTER ENTRY OF JUDGMENT FOR SUCH OFFENSE. § 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03457-01-9
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