Bill Text: NY S02463 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to requiring the governor to publicize the criteria used when granting a commutation, pardon or reprieve; and requires disclosure of information related to such commutations, pardons or reprieves within 30 days instead of annually.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced) 2019-03-01 - OPINION REFERRED TO JUDICIARY [S02463 Detail]

Download: New_York-2019-S02463-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2463
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 25, 2019
                                       ___________
        Introduced  by  Sens.  AKSHAR, AMEDORE, BOYLE, HELMING, LAVALLE, O'MARA,
          ORTT, RANZENHOFER, ROBACH, SEWARD, TEDISCO -- read twice  and  ordered
          printed,  and when printed to be committed to the Committee on Judici-
          ary
                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
        proposing an amendment to section 4 of article 4 of the constitution, in
          relation to requiring the governor to publicize the criteria used when
          granting a commutation, pardon or reprieve
     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. Upon conviction for treason,  the  governor  shall
     9  have  power  to  suspend  the  execution of the sentence, until the case
    10  shall be reported to the legislature  at  its  next  meeting,  when  the
    11  legislature  shall  either  pardon,  or commute the sentence, direct the
    12  execution of the sentence, or grant a  further  reprieve.  The  governor
    13  shall  [annually] within thirty days communicate to the legislature each
    14  case of reprieve, commutation or pardon granted, stating the name of the
    15  convict, the crime of which the convict was convicted, the sentence  and
    16  its  date,  the standards or criteria used in granting such commutation,
    17  pardon or reprieve, and the date of the commutation, pardon or reprieve.
    18    § 2. Resolved (if the Assembly concur), That the  foregoing  amendment
    19  be referred to the first regular legislative session convening after the
    20  next  succeeding  general  election  of members of the assembly, and, in
    21  conformity with  section  1  of  article  19  of  the  constitution,  be
    22  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.
                                                                   LBD89054-01-9
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