What's happening
This bill requires the New York governor to disclose the criteria used when granting commutations, pardons, or reprieves.
Why it matters
Increases transparency and accountability. by requiring the governor to specify what criteria or standards are used for each commutation, pardon, or reprieve—giving the public and legislature more insight into the decision-making process.
Accelerates reporting. by changing the governor’s duty from reporting these acts "annually" to reporting "within thirty days" of each action, ensuring more timely disclosure and oversight.
May influence public trust and debate. regarding the governor’s use of clemency powers, especially in controversial cases, by making the rationale behind decisions available for scrutiny.
Potentially impacts future gubernatorial decisions. as governors may be more deliberate and consistent in applying standards, knowing their reasoning will be publicly documented and examined.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Governor Must Explain Pardons
Plain English, a few words. Used as the page title.
Sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Judiciary
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
Section 1. Resolved (if the Assembly concur), That section 4 of article 4 of the constitution be amended to read as follows:
§ 4. The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he or she may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, the governor shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. The governor shall [annually] within thirty days communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which the convict was convicted, the sentence and its date, the standards or criteria used in granting such commutation, pardon or reprieve, and the date of the commutation, pardon or reprieve.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
This legislation adds a constitutional requirement for the Governor to publicize the criteria he is using to pardon and release the names of those pardoned to the legislature within 30 days of the pardon.
Summary of specific provisions
Section 1 amends section 4 of article 4 of the constitution to read as follows: The Governor shall within thirty days communicate to the legis- lature each case of reprieve, commutation, or pardon granted, statin the name of the convict, the crime of which the convict was convicted, the sentence and its date, the standards or criteria used in granting such commutation, pardon or reprieve, and the date of the commutation, pardon or reprieve.
Section 2 resolves that the foregoing amendment be referred by the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Justification
Recently, the Governor pardoned over 24,000 individuals on parole including hundreds of sex offenders - some high risk, violent offenders who are deemed a "threat to public safety." This legislation adds more oversight and transparency to the Executive's ability to pardon by requiring the Governor to publicize the criteria he is using to pardon and to report to the legislature within thirty days the names and other pertinent information of those pardoned.
Prior legislative history
S9135 of 2018: Referred to Rules
Fiscal implications for state and local governments
None.
Effective date
Effective upon approval by two separately elected Legislatures, and consequently upon approval by the voters after legislative passage.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.