BILL NUMBER: S5831
SPONSOR: SKOUFIS
 
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 prohibit-
ing the governor from granting themselves or any person involved with
furthering the illegal conduct of the governor a reprieve, commutation
or pardon
 
PURPOSE:
To prohibit the governor from granting himself or herself or any person
involved with furthering the illegal conduct of the governor a reprieve,
commutation or pardon.
 
SUMMARY OF PROVISIONS:
Section 1: Resolved (if the Assembly concur), that article 4 of the
state constitution to prohibit a sitting governor from granting them-
selves or any person who was involved in furthering the illegal conduct
of the governor a reprieve, commutation, or pardon.
Section 2: Refers to the resolution to the next legislative session in
conformity with the requirements of the constitution.
 
JUSTIFICATION:
Pursuant to the state constitution, the Governor has the power to grant
reprieves, commutations, and pardons after conviction for all offenses
except treason and cases of impeachment. The courts of NYS have held the
Governor's power to grant pardons, reprieves, and commutations is unlim-
ited and cannot be limited by statute or court decisions. Thus, a
sitting Governor can pardon people who may have furthered the Governor's
unlawful activity. Additionally, while the public officer's law provides
that any office holder convicted of a felony automatically vacates their
office, a Governor can be convicted of various misdemeanors and remain
in office.
Thus, a sitting Governor convicted of misdemeanor offenses such as sexu-
al misconduct, forcible touching, or certain types of sexual abuse will
remain in office and could even pardon themselves.
 
LEGISLATIVE HISTORY:
Senate
2021: S7329, Opinion Referred to Judiciary
2022: S7329, Opinion Referred to Judiciary
2023: S5946, Opinion Referred to Judiciary
2024: S5946, Opinion Referred to Judiciary
Assembly
2021: A8234, Opinion Referred to Judiciary
2022: A8234, Opinion Referred to Judiciary
2023: A4315, Opinion Referred to Judiciary
2024: A4315, Opinion Referred to Judiciary
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
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.