Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to investigations and government operations |
Nov 18, 2009 |
referred to rules |
Senate Bill S6302
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
Actions
2009-S6302 (ACTIVE) - Details
2009-S6302 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6302 TITLE OF BILL : An act to amend the public officers law, in relation to removing public officials from office who are convicted of certain misdemeanor offenses PURPOSE : This bill amends the Public Officers Law to remove from office a person who is convicted of misdemeanor violence against a person. SUMMARY OF PROVISIONS : Section 1 amends Section 30 of the Public Officers Law to require removal from office for conviction of misdemeanor offenses against any person involving physical injury, sexual assault, restraint or intimidation. Section makes the provisions of this bill effective immediately. JUSTIFICATION : The current Public Officers Law removes a public official from office for conviction of a felony. It does not, however, set out consequences for public officials convicted of misdemeanor violence such as assault, endangerment or harassment. Violence against another person cannot, under any circumstances, be reconciled with the obligations and expectations of a public official. Removal from office upon
2009-S6302 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6302 2009-2010 Regular Sessions I N S E N A T E November 18, 2009 ___________ Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public officers law, in relation to removing public officials from office who are convicted of certain misdemeanor offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 30 of the public officers law, as amended by chapter 209 of the laws of 1954, paragraph e as amended by chapter 454 of the laws of 1987 and paragraph f as amended by chapter 550 of the laws of 1978, is amended to read as follows: 1. Every office shall be vacant upon the happening of one of the following events before the expiration of the term thereof: a. The death of the incumbent; b. His OR HER resignation; c. His OR HER removal from office; d. His OR HER ceasing to be an inhabitant of the state, or if he OR SHE be a local officer, of the political subdivision, or municipal corporation of which he OR SHE is required to be a resident when chosen; e. His OR HER conviction of a felony, OR A MISDEMEANOR OFFENSE AGAINST ANOTHER PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT OR INTIMIDATION, or a crime involving a violation of his OR HER oath of office, provided, however, that a non-elected official may apply for reinstatement to the appointing authority upon reversal or the vacating of such conviction where the conviction is the sole basis for the vacan- cy. After receipt of such application, the appointing authority shall afford such applicant a hearing to determine whether reinstatement is warranted. The record of the hearing shall include the final judgment of the court which reversed or vacated such conviction and may also include the entire employment history of the applicant and any other submissions which may form the basis of the grant or denial of reinstatement EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14924-02-9
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