Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to elections |
Jan 07, 2009 |
referred to elections |
Senate Bill S210
2009-2010 Legislative Session
Sponsored By
(D) Senate District
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
Actions
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) - Sponsor Memo
BILL NUMBER: S210 TITLE OF BILL : An act to amend the election law, in relation to criminal penalties for election misconduct PURPOSE : Enhances criminal enforcement by conforming the fines imposed under the election law to those imposed for comparable crimes under the penal law and clarifying that all instances of false witnessing of petitions are misdemeanors under the election law. SUMMARY OF PROVISIONS : Section one adds clarifying language to subdivision two of § 14-126 by cross-referencing to elsewhere in that section wherein evasion of contribution limits through unauthorized committees or expenditures is a felony, rather than a misdemeanor. section two expands subdivision seven of § 17-132 to prohibit false witnessing of petitions not only by subscribing witnesses but also by notaries public and commissioners of deeds. Section three replaces the specific penalty provisions in §17-166 for first time misdemeanors with a statement that, in accordance with § 55.10 of the penal law, such crimes are class A misdemeanors. Consequently, the penalty provisions in the penal law would govern. conforming language relating to felonies is also added without any substantive change. In addition, the repeat offender
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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.