Senate Bill S210

2009-2010 Legislative Session

Relates to criminal penalties for election misconduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections 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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2009-S210 (ACTIVE) - Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§14-126 & 17-166, El L
Versions Introduced in 2011-2012 Legislative Session:
S2242

2009-S210 (ACTIVE) - Summary

Conforms the punishment for crimes under the election law to similar crimes in the penal law; provides that all misdemeanors under article 17 shall be class A misdemeanors, and all felonies shall be class E felonies within the meaning of §55.10 of the penal law.

2009-S210 (ACTIVE) - Sponsor Memo

2009-S210 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   210

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to criminal penalties  for
  election misconduct

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 14-126 of  the  election  law,  as
amended  by chapter 8 of the laws of 1978 and as redesignated by chapter
9 of the laws of 1978, is amended to read as follows:
  2. Any person who knowingly and willfully fails to  file  a  statement
required  to  be  filed  by  this article within ten days after the date
provided for  filing  such  statement  [or]  AND,  EXCEPT  AS  OTHERWISE
PROVIDED  IN  THIS  SECTION,  any  person  who  knowingly  and willfully
violates any other provision of this article shall be guilty of a misde-
meanor.
  S 2. Section 17-166 of the election law is amended to read as follows:
  S 17-166.  Penalty.  [Any person convicted of a misdemeanor under this
article shall for a first offense be punished by  imprisonment  for  not
more  than  one  year, or by a fine of not less than one hundred dollars
nor more than five hundred dollars, or by both such fine  and  imprison-
ment.] ALL MISDEMEANORS UNDER THIS ARTICLE SHALL BE CLASS A MISDEMEANORS
AND ALL FELONIES UNDER THIS ARTICLE SHALL BE CLASS E FELONIES WITHIN THE
MEANING  OF  SECTION 55.10 OF THE PENAL LAW. Any person who, having been
convicted of a [misdemeanor] CRIME under this article, shall  thereafter
be  convicted of another misdemeanor under this article, shall be guilty
of a felony.
  S 3. This act shall take effect immediately  provided,  however,  that
section  two of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03113-01-9

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