Bill Text: NY A06653 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 40-0)

Status: (Introduced) 2019-05-21 - substituted by s4572 [A06653 Detail]

Download: New_York-2019-A06653-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6653
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     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:
     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 40.51 to read as follows:
     3  § 40.51 Previous  prosecution:  presidential  reprieve,  pardon or other
     4            form of clemency.
     5    When a person has been granted a reprieve, pardon  or  other  form  of
     6  clemency for an offense pursuant to the authority granted in section two
     7  of  article  two of the United States constitution, a separate or subse-
     8  quent prosecution of an offense is not barred under  this  article  when
     9  the people demonstrate, by clear and convincing evidence, that:
    10    1.  (a)  such person served in or was employed by the executive branch
    11  of the government of the United States on the  executive  staff  of  the
    12  president,  in the executive office of the president, or in an acting or
    13  confirmed capacity in a position subject to confirmation by  the  United
    14  States  senate,  at  a  time  when the president granting such reprieve,
    15  pardon or other form of clemency served as president  or  vice-president
    16  of  the  United  States;  or  (b) such person was directly or indirectly
    17  employed by, or acted as an agent of, the election, transition or  re-e-
    18  lection  campaign  of  the  president  granting such reprieve, pardon or
    19  other form of clemency or any for-profit or not-for-profit entity  owned
    20  or  controlled  by the president granting such reprieve, pardon or other
    21  form of clemency; or
    22    2. such person was, at the time the president granted  such  reprieve,
    23  pardon  or  other form of clemency, related by consanguinity or affinity
    24  within the sixth degree to the president granting such reprieve,  pardon
    25  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
     1    3.  such  person  bears  accessorial  liability, as defined in section
     2  20.00 of the penal law, or conspiratorial liability, within the  meaning
     3  of  article one hundred five of the penal law, for such offense with one
     4  or more persons described in subdivision one or two of this section; or
     5    4.  the  president  who granted such reprieve, pardon or other form of
     6  clemency to such person (a) was  thereby  aided  in  avoiding  potential
     7  prosecution  or  conviction;  (b) knowingly obtained a benefit from such
     8  offense; or (c) knowingly obtained a tangible, material benefit from  or
     9  on behalf of such person; or
    10    5.  such  person  possessed  or  possesses information material to the
    11  determination of any criminal or civil investigation, enforcement action
    12  or prosecution of the president granting such reprieve, pardon or  other
    13  form  of  clemency,  or  of one or more persons described in subdivision
    14  one, two or three of this section.
    15    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    16  offenses  committed  on  or  after  such  date  and  shall also apply to
    17  offenses committed before such date where the proceedings  specified  in
    18  subdivision  1  of  section 40.30 of the criminal procedure law have not
    19  occurred as of such date.
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