S05946 Summary:

BILL NOS05946
 
SAME ASSAME AS A04315
 
SPONSORSKOUFIS
 
COSPNSRBORRELLO
 
MLTSPNSR
 
Amd Art 4 §4, Constn
 
Prohibits the governor from granting himself or herself or any person involved with furthering the illegal conduct of the governor a reprieve, commutation or pardon.
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S05946 Actions:

BILL NOS05946
 
03/23/2023REFERRED TO JUDICIARY
03/24/2023TO ATTORNEY-GENERAL FOR OPINION
04/12/2023OPINION REFERRED TO JUDICIARY
01/03/2024REFERRED TO JUDICIARY
01/04/2024TO ATTORNEY-GENERAL FOR OPINION
01/29/2024OPINION REFERRED TO JUDICIARY
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S05946 Committee Votes:

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S05946 Floor Votes:

There are no votes for this bill in this legislative session.
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S05946 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5946
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     March 23, 2023
                                       ___________
 
        Introduced by Sens. SKOUFIS, BORRELLO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary
 
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
        proposing an amendment to section 4 of article 4 of the constitution, in
          relation  to prohibiting the governor from granting himself or herself
          or any person involved with furthering  the  illegal  conduct  of  the
          governor a reprieve, commutation or pardon
 
     1    Section  1. Resolved (if the Assembly concur), That section 4 of arti-
     2  cle 4 of the constitution be amended to read as follows:
     3    § 4. The governor shall have the  power  to  grant  reprieves,  commu-
     4  tations  and  pardons  after conviction, for all offenses except treason
     5  and  cases  of  impeachment,  upon  such  conditions   and   with   such
     6  restrictions  and limitations, as he or she may think proper, subject to
     7  such regulations as may be provided by law relative  to  the  manner  of
     8  applying  for  pardons. The governor shall not have the power to grant a
     9  reprieve, commutation or pardon to himself or herself, or to any persons
    10  involved with furthering any illegal or unlawful conduct of such  gover-
    11  nor.  Upon  conviction  for  treason,  the  governor shall have power to
    12  suspend the execution of the sentence, until the case shall be  reported
    13  to  the  legislature  at  its  next  meeting, when the legislature shall
    14  either pardon, or commute the sentence,  direct  the  execution  of  the
    15  sentence,  or  grant  a  further  reprieve.  The governor shall annually
    16  communicate to the legislature each case  of  reprieve,  commutation  or
    17  pardon  granted, stating the name of the convict, the crime of which the
    18  convict was convicted, the sentence and its date, and the  date  of  the
    19  commutation, pardon or reprieve.
    20    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    21  be referred  to  the  first regular legislative session convening  after
    22  the  next succeeding general election of members of  the  assembly, and,
    23  in conformity  with  section 1 of  article 19 of   the constitution,  be
    24  published for 3 months previous to the time of such election.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89061-01-3
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