senate Bill S4572

2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

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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 Codes committee vote details

Codes Committee Vote: Apr 8, 2019

aye wr (1)
excused (1)

Co-Sponsors

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S4572 (ACTIVE) - Details

See Assembly Version of this Bill:
A6653
Law Section:
Criminal Procedure Law
Laws Affected:
Add §40.51, CP L

S4572 (ACTIVE) - Summary

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

S4572 (ACTIVE) - Sponsor Memo

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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