Bill Text: NY S00085 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00085 Detail]

Download: New_York-2019-S00085-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           85
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (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:
     1    Section 1. Section 40.30 of the criminal procedure law is  amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  (a) Despite the occurrence of proceedings specified in subdivision
     4  one, a person is not deemed to have  been  prosecuted  for  an  offense,
     5  within the meaning of section 40.20, when such person has been granted a
     6  reprieve,  pardon or other form of clemency for such offense pursuant to
     7  the authority granted in section two of article two of the United States
     8  constitution.
     9    (b) Paragraph (a) of this subdivision shall not apply to  a  reprieve,
    10  pardon  or  other  form  of  clemency  for  an offense if the person was
    11  convicted and sentenced for such offense and  the  reprieve,  pardon  or
    12  other  form  of  clemency  was granted five years or more after entry of
    13  judgment for such offense.
    14    § 2. This act shall  take  effect  immediately,  and  shall  apply  to
    15  offenses  committed  on  or  after  such  date  and  shall also apply to
    16  offenses committed before such date where the proceedings  specified  in
    17  subdivision  1  of  section 40.30 of the criminal procedure law have not
    18  occurred as of such date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03457-01-9