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History
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the definition of immunity and motions to dismiss information or indictment based upon a claim of immunity
In Assembly Committee · Ways And Means
Full text
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Sponsor's 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 witness, who may or may not also be part of the criminal transaction under investigation, to be prosecuted for his or her role if the People develop evidence independent of the evidence provided by the witness.
This would be an important tool in fighting crime in New York. Additionally, this would bring New York criminal practice in line with the federal model.
Budget Implications:
Enactment of this bill is necessary to implement the 2015-16 Executive Budget.
Effective Date:
This bill takes effect on the thirtieth day after it is signed into law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.