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S04572 Summary:

S04572 Actions:

S04572 Committee Votes:

S04572 Floor Votes:

S04572 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4572
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     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:
 
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10570-03-9
        S. 4572                             2
 
     1  within  the sixth degree to the president granting such reprieve, pardon
     2  or other form of clemency; or
     3    3.  such  person  bears  accessorial  liability, as defined in section
     4  20.00 of the penal law, or conspiratorial liability, within the  meaning
     5  of  article one hundred five of the penal law, for such offense with one
     6  or more persons described in subdivision one or two of this section; or
     7    4. the president who granted such reprieve, pardon or  other  form  of
     8  clemency  to  such  person  (a)  was thereby aided in avoiding potential
     9  prosecution or conviction; (b) knowingly obtained a  benefit  from  such
    10  offense;  or (c) knowingly obtained a tangible, material benefit from or
    11  on behalf of such person; or
    12    5. such person possessed or  possesses  information  material  to  the
    13  determination of any criminal or civil investigation, enforcement action
    14  or  prosecution of the president granting such reprieve, pardon or other
    15  form of clemency, or of one or more  persons  described  in  subdivision
    16  one, two or three of this section.
    17    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    18  offenses committed on or  after  such  date  and  shall  also  apply  to
    19  offenses  committed  before such date where the proceedings specified in
    20  subdivision 1 of section 40.30 of the criminal procedure  law  have  not
    21  occurred as of such date.