Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 18, 2009 |
referred to codes |
Senate Bill S835
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S835 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยงยง50.10, 170.30, 190.40, 210.20 & 710.20, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1959
2009-S835 (ACTIVE) - Summary
Redefines an immunity recipient as a person who has been a witness in a legal proceeding and who has given evidence therein, and whose evidence (or any information directly or indirectly derived therefrom) may not be used against him in any criminal case; provides that a prosecutor may use evidence from a source independent of the defendant's immunized testimony against such immunity recipient; provides that, upon a motion by such immunity recipient to suppress such independent evidence, it shall be the burden of the prosecution to prove, beyond a reasonable doubt, that such evidence was derived from an independent source.
2009-S835 (ACTIVE) - Sponsor Memo
BILL NUMBER: S835 TITLE OF BILL : An act to amend the criminal procedure law, in relation to substituting use immunity for transactional immunity SUMMARY OF BILL : This bill redefines an immunity recipient as a person who has been a witness in a legal proceeding and who has given evidence therein, and whose evidence (or any information directly or indirectly derived therefrom) may not be used against him in any criminal case. A prosecutor may use evidence from a source independent of the defendant's immunized testimony. But, upon a motion by the defendant to suppress the evidence, it is the burden of the prosecutor to prove, beyond a reasonable doubt, that such evidence was derived from an independent source. Finally, the bill precludes, with few exceptions, a grand jury for indicting a witness upon whom it has conferred immunity. The same grand jury that conferred immunity can only subsequently indict the witness for perjury or contempt or where the immunity was conferred solely because the witness produced documents or other physical evidence for which he possessed a privilege against self-incrimination with respect to the act of producing the evidence. A different grand
2009-S835 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 835 2009-2010 Regular Sessions I N S E N A T E January 18, 2009 ___________ Introduced by Sen. KRUGER -- 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 substituting use immunity for transactional immunity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 50.10 of the criminal procedure law is amended to read as follows: 1. ["Immunity." A person who has been a witness in a legal proceed- ing, and who cannot, except as otherwise provided in this subdivision, be convicted of any offense or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he gave evidence therein, possesses "immunity" from any such conviction,] "IMMUNITY", WHEN CONFERRED ON A WITNESS IN A PROCEEDING, MEANS THAT NEITHER THE EVIDENCE GIVEN BY THAT WITNESS NOR ANY EVIDENCE DERIVED DIRECTLY OR INDIRECTLY FROM IT MAY BE USED AGAINST HIM IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPOSITION OF ANY penal- ty or forfeiture. A person who possesses such immunity may nevertheless be convicted of perjury as a result of having given false testimony in such legal proceeding, and may be convicted of or adjudged in contempt as a result of having contumaciously refused to give evidence therein. S 2. Subdivision 1 of section 170.30 of the criminal procedure law, the opening paragraph as amended by chapter 661 of the laws of 1972, is amended to read as follows: 1. After arraignment upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, the local criminal court may, upon motion of the defendant, dismiss such instrument or any count thereof upon the ground that: (a) It is defective, within the meaning of section 170.35; or (b) [The defendant has received immunity from prosecution for the offense charged, pursuant to sections 50.20 or 190.40; or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06302-01-9
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