Assembly Bill A10422

2017-2018 Legislative Session

Relates to the prosecution of certain offenses when a reprieve, pardon or other form of clemency for such offense has been granted

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Archive: Last Bill Status - In Assembly 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

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2017-A10422 (ACTIVE) - Details

See Senate Version of this Bill:
S8236
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §40.30, CP L
Versions Introduced in 2019-2020 Legislative Session:
S85

2017-A10422 (ACTIVE) - Summary

Relates to the prosecution of certain offenses when a reprieve, pardon or other form of clemency for such offense has been granted.

2017-A10422 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10422
 
                           I N  A S S E M B L Y
 
                              April 20, 2018
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred 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:

   Section 1. Section 40.30 of the criminal procedure law is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  (A) DESPITE THE OCCURRENCE OF PROCEEDINGS SPECIFIED IN SUBDIVISION
 ONE, A PERSON IS NOT DEEMED TO HAVE  BEEN  PROSECUTED  FOR  AN  OFFENSE,
 WITHIN THE MEANING OF SECTION 40.20, WHEN SUCH PERSON HAS BEEN GRANTED A
 REPRIEVE,  PARDON OR OTHER FORM OF CLEMENCY FOR SUCH OFFENSE PURSUANT TO
 THE AUTHORITY GRANTED IN SECTION TWO OF ARTICLE TWO OF THE UNITED STATES
 CONSTITUTION.
   (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO  A  REPRIEVE,
 PARDON  OR  OTHER  FORM  OF  CLEMENCY  FOR  AN OFFENSE IF THE PERSON WAS
 CONVICTED AND SENTENCED FOR SUCH OFFENSE AND  THE  REPRIEVE,  PARDON  OR
 OTHER  FORM  OF  CLEMENCY  WAS GRANTED FIVE YEARS OR MORE AFTER ENTRY OF
 JUDGMENT FOR SUCH OFFENSE.
   § 2. This act shall  take  effect  immediately,  and  shall  apply  to
 offenses  committed  on  or  after  such  date  and  shall also apply to
 offenses committed before such date where the proceedings  specified  in
 subdivision  1  of  section 40.30 of the criminal procedure law have not
 occurred as of such date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15516-03-8

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