STATE OF NEW YORK
________________________________________________________________________
8236
IN SENATE
April 20, 2018
___________
Introduced by Sen. KAMINSKY -- 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.
LBD15516-03-8
