Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 21, 2015 |
referred to finance |
Senate Bill S2012
2015-2016 Legislative Session
Sponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - In Senate Committee Finance 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
2015-S2012 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3012
- Current Committee:
- Senate Finance
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยงยง50.10, 170.30, 210.35 & 710.20, CP L
2015-S2012 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2012 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the definition of immunity and motions to dismiss information or indictment based upon a claim of immunity Purpose: The purpose of this bill is to bring New York State in line with the federal model in terms of the type of immunity that attaches when a witness testifies before a New York grand jury. Currently under New York law, a witness who testifies before a grand jury receives "transactional immunity" which is quite broad in that it provides a witness complete immunity from future prosecution for crimes related to his or her testimony made under oath Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This bill would amend the Criminal Procedure Law to grant "use immunity," not "transactional immunity," for statements made by a witness under oath during a grand jury or other legal proceeding. Use immunity would only protect that witness from being prosecuted in the same criminal proceeding to which he or she was testifying or any other criminal proceeding based on his or her testimony or any evidence derived therefrom. However, use immunity allows for that
2015-S2012 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2012 A. 3012 S E N A T E - A S S E M B L Y January 21, 2015 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the criminal procedure law, in relation to the defi- nition of immunity and motions to dismiss information or indictment based upon a claim of immunity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 50.10 of the criminal procedure law is amended to read as follows: S 50.10 Compulsion of evidence by offer of immunity; definitions of terms. The following definitions are applicable to this article: 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, penalty or forfeiture.] (A) A PERSON WHO HAS BEEN A WITNESS IN A LEGAL PROCEEDING, AND NEITHER THE EVIDENCE GIVEN BY THAT WITNESS NOR ANY EVIDENCE DERIVED DIRECTLY OR INDIRECTLY THEREFROM MAY BE USED AGAINST THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO- SITION OF ANY PENALTY OR FORFEITURE POSSESSES "IMMUNITY". (B) 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, AND THE EVIDENCE GIVEN BY THE PERSON AT THE PROCEEDING AT WHICH THE PERSON POSSESSED IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH PROSE- CUTION FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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