senate Bill S85

2019-2020 Legislative Session

Relates to the prosecution of certain offenses when a reprieve, pardon or other form of clemency for such offense has been granted

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Sponsored By

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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 09, 2019 referred to codes

Co-Sponsors

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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) - Summary

Relates to the prosecution of certain offenses when a reprieve, pardon or other form of clemency for such offense has been granted.

S85 (ACTIVE) - Sponsor Memo

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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