S T A T E   O F   N E W   Y O R K
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                                  1328

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend  the  public officers law and the legislative law, in
  relation to disclosure of all income  from  employment  (Part  A);  to
  amend  the  legislative  law,  in relation to the terms of legislative
  committee chairs (Part B); to amend the legislative law,  in  relation
  to  term  limits for state legislators (Part C); to amend the election
  law, in relation  to  the  time  for  filing  statements  of  campaign
  receipts  and  expenditures  (Part D); and to amend the retirement and
  social security law, in relation to forfeiture of  pension  rights  or
  retirement  benefits  upon  conviction  of  certain  crimes related to
  public employment (Part E)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to enact ethics reform.  Each  component  is  wholly
contained  within  a Part identified as Parts A through E. The effective
date of each particular provision contained  within  such  Part  is  set
forth  in  the  last  section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to  mean  and  refer  to  the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.

                                 PART A

  Section  1. Paragraph 5 of subdivision 3 of section 73-a of the public
officers law is amended by adding a new  subparagraph  (c)  to  read  as
follows:

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

                                                           LBD05575-01-1

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  (C)  IF  YOU ARE A MEMBER OF THE LEGISLATURE OR A CANDIDATE FOR MEMBER
OF THE LEGISLATURE, LIST EACH SOURCE AND THE AMOUNT OF INCOME THEREFROM,
IN EXCESS OF $1,000, (OTHER THAN FROM THE EMPLOYMENT LISTED UNDER  PARA-
GRAPH  2  ABOVE)  RECEIVED  DURING  THE  REPORTING PERIOD FOR WHICH THIS
STATEMENT  IS  FILED  BY  THE  REPORTING INDIVIDUAL FROM THE PRACTICE OF
EVERY OCCUPATION, EMPLOYMENT, TRADE, BUSINESS AND PROFESSION ENGAGED  IN
BY  THE  REPORTING  INDIVIDUAL  AND REPORTED IN SUBPARAGRAPH (A) OF THIS
PARAGRAPH. INCLUDE, NOTWITHSTANDING THE EXISTENCE  OF  ANY  PROFESSIONAL
EXEMPTION,  THE NAME AND ADDRESS OF EACH SUCH SOURCE OF INCOME, THE WORK
PERFORMED TO EARN SUCH INCOME AND THE AMOUNT OF SUCH INCOME.

NAME OF SOURCE      ADDRESS        WORK           AMOUNT OF
OF INCOME                          PERFORMED      INCOME

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  S 2. Paragraphs i, p and q of subdivision  7  of  section  80  of  the
legislative  law,  as  amended  by  chapter  14 of the laws of 2007, are
amended and a new paragraph r is added to read as follows:
  i. Permit any person required to file a financial disclosure statement
to request the commission to delete from the copy thereof made available
for public inspection and copying one  or  more  items  of  information,
which  may be deleted by the commission upon a finding that the informa-
tion which would otherwise be required to  be  disclosed  will  have  no
material  bearing  on  the  discharge of the reporting person's official
duties; PROVIDED, HOWEVER, THAT, IF SUCH  PERSON  IS  A  MEMBER  OF  THE
LEGISLATURE  OR  A  CANDIDATE  FOR  MEMBER  OF THE LEGISLATURE, UNDER NO
CIRCUMSTANCES SHALL THE COMMISSION DELETE FROM  THE  COPY  THEREOF  MADE
AVAILABLE  FOR  PUBLIC  INSPECTION  AND  COPYING  ANY OF THE INFORMATION
INCLUDED IN SUBPARAGRAPH (C) OF PARAGRAPH FIVE OF SUCH FINANCIAL DISCLO-
SURE STATEMENT;
  p. Develop educational materials and training with regard to  legisla-
tive  ethics  for  members of the legislature and legislative employees;
[and]
  q. Prepare an annual report to the governor and legislature  summariz-
ing the activities of the commission during the previous year and recom-
mending any changes in the laws governing the conduct of persons subject
to  the  jurisdiction  of  the commission, or the rules, regulations and
procedures  governing  the  commission's  conduct.  Such  report   shall
include: (i) a listing by assigned number of each complaint and referral
received  which  alleged  a  possible violation within its jurisdiction,
including the current status of each complaint, and (ii) where a  matter
has  been resolved, the date and nature of the disposition and any sanc-
tion imposed,  subject  to  the  confidentiality  requirements  of  this
section.  Such annual report shall not contain any information for which
disclosure is not permitted pursuant to  subdivision  fourteen  of  this
section[.]; AND
  R.  COMPILE AND POST ON THE INTERNET WEBSITES OF THE SENATE AND ASSEM-
BLY THE MOST CURRENT FINANCIAL DISCLOSURE STATEMENTS OF MEMBERS  OF  THE
LEGISLATURE AND CANDIDATES FOR MEMBER OF THE LEGISLATURE.
  S  3. Subparagraph 1 of paragraph a of subdivision 14 of section 80 of
the legislative law, as amended by chapter 14 of the laws  of  2007,  is
amended to read as follows:
  (1)  [the]  ALL information set forth in an annual statement of finan-
cial disclosure filed pursuant to section seventy-three-a of the  public

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officers  law  except  [the categories of value or amount which shall be
confidential, and any other item] THOSE  ITEMS  of  information  deleted
pursuant to paragraph i of subdivision seven of this section;
  S 4. This act shall take effect January 1, 2012.

                                 PART B

  Section  1.  Section 5-a of the legislative law is amended by adding a
new subdivision 4 to read as follows:
  4. ANY MEMBER OF EITHER HOUSE OF THE LEGISLATURE SERVING AS A  COMMIT-
TEE  CHAIR  OF  ANY COMMITTEE AS ENUMERATED IN THE SCHEDULE SET FORTH IN
SUBDIVISION ONE OF THIS SECTION SHALL NOT SERVE IN SUCH CAPACITY AS  THE
CHAIR FOR A TERM LONGER THAN FOUR CONSECUTIVE YEARS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

                                 PART C

  Section 1. The legislative law is amended by adding a new section  2-a
to read as follows:
  S  2-A.  LEGISLATIVE TERM LIMITS. MEMBERS OF THE LEGISLATURE SHALL NOT
SERVE MORE THAN FIVE TWO YEAR TERMS IN EITHER THE SENATE OR  THE  ASSEM-
BLY.  IN  NO  EVENT MAY A LEGISLATOR SERVE MORE THAN TEN YEARS IN EITHER
THE SENATE OR ASSEMBLY.
  S 2. This act shall take effect January 1, 2012.

                                 PART D

  Section 1. Subdivision 3 of section 14-108 of  the  election  law,  as
redesignated  by  chapter  9  of the laws of 1978, is amended to read as
follows:
  3. Each statement shall be preserved by the officer with whom  or  the
board  with  which  it  is  required  to be filed for a period of [five]
FIFTEEN years from the date of filing thereof.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. The retirement and social security law is amended by adding
a new article 3-B to read as follows:
                               ARTICLE 3-B
              PENSION FORFEITURE FOR PUBLIC MISCONDUCT ACT
SECTION 156. SHORT TITLE.
        157. DEFINITIONS.
        158. PENSION FORFEITURE.
        159. MISCELLANEOUS.
  S 156. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "PENSION FORFEITURE FOR PUBLIC MISCONDUCT ACT".
  S  157.  DEFINITIONS. THE FOLLOWING WORDS AND PHRASES, AS USED IN THIS
ARTICLE, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS A  DIFFERENT  MEANING
IS PLAINLY REQUIRED BY THE CONTEXT:
  1. "DEFENDANT" SHALL MEAN A PERSON AGAINST WHOM A FORFEITURE ACTION IS
COMMENCED.
  2. "COVERED CRIME" SHALL MEAN ANY OF THE FOLLOWING:
  (A) ANY FELONY OFFENSE SET FORTH IN THE PENAL LAW;
  (B) ANY CRIME DEFINED IN TITLE L OF THE PENAL LAW;

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  (C)  AN  ATTEMPT, CONSPIRACY, OR SOLICITATION OF ANOTHER TO COMMIT ANY
FELONY OFFENSE SET FORTH IN THE PENAL LAW;
  (D)  AN  ATTEMPT, CONSPIRACY, OR SOLICITATION OF ANOTHER TO COMMIT ANY
CRIME DEFINED IN TITLE L OF THE PENAL LAW;
  (E) ANY OTHER CRIME DEFINED BY THE LAWS OF  THIS  STATE,  A  NECESSARY
ELEMENT OF WHICH, AS DETERMINED BY STATUTORY OR COMMON LAW DEFINITION OF
SUCH  CRIME,  INCLUDES  INTERFERENCE WITH THE ADMINISTRATION OF JUSTICE,
FALSE SWEARING, MISREPRESENTATION, FRAUD,  DECEIT,  BRIBERY,  EXTORTION,
MISAPPROPRIATION, THEFT, PROHIBITED ACTION OR FAILURE TO ACT BY A PUBLIC
OFFICER OR EMPLOYEE;
  (F) ANY CRIME DEFINED BY THE LAWS OF THIS STATE FOR WHICH THE VACATING
OR FORFEITURE OF THE PUBLIC OFFICE OR EMPLOYMENT HELD BY SUCH INDIVIDUAL
IS REQUIRED BY LAW;
  (G)  ANY  CRIMINAL  OFFENSE  COMMITTED IN ANY OTHER STATE, DISTRICT OR
TERRITORY OF THE UNITED STATES, WHICH IF COMMITTED  WITHIN  THIS  STATE,
WOULD  CONSTITUTE AN OFFENSE DESIGNATED IN PARAGRAPH (A), (B), (C), (D),
(E), OR (F) OF THIS SUBDIVISION.
  3. "CHIEF ADMINISTRATOR OF THE RETIREMENT SYSTEM" SHALL MEAN THE COMP-
TROLLER OF THE STATE OF NEW YORK WITH RESPECT TO THE NEW YORK STATE  AND
LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM  AND  THE NEW YORK STATE AND LOCAL
POLICE AND FIRE RETIREMENT  SYSTEM  AND  THE  BOARDS  OF  TRUSTEES  WITH
RESPECT  TO THE OTHER PUBLIC RETIREMENT SYSTEMS AND PENSION FUNDS OF THE
STATE AND THE CITY OF NEW YORK.
  4. "MEMBER" SHALL MEAN A MEMBER  OF  THE  NEW  YORK  STATE  AND  LOCAL
EMPLOYEES'  RETIREMENT  SYSTEM,  THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM,
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACH-
ERS'  RETIREMENT  SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE NEW
YORK CITY FIRE DEPARTMENT PENSION FUND AND THE NEW YORK  CITY  BOARD  OF
EDUCATION  RETIREMENT  SYSTEM  WHO  JOINED  SUCH  SYSTEM ON OR AFTER THE
EFFECTIVE DATE OF THIS ARTICLE.
  5. "RETIRED MEMBER" SHALL MEAN A PERSON WHO IS RETIRED FROM AND WHO IS
RECEIVING A RETIREMENT ALLOWANCE FROM A RETIREMENT SYSTEM  AND  WHO  HAD
JOINED SUCH SYSTEM ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
  6. "RETIREMENT SYSTEM" SHALL MEAN THE NEW YORK STATE AND LOCAL EMPLOY-
EES'  RETIREMENT  SYSTEM,  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE
RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS' RETIREMENT  SYSTEM,  THE
NEW  YORK CITY EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK CITY TEACHERS'
RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND, THE  NEW  YORK
CITY  FIRE DEPARTMENT PENSION FUND AND THE NEW YORK CITY BOARD OF EDUCA-
TION RETIREMENT SYSTEM.
  7. "DEPENDENT CHILDREN" SHALL INCLUDE:
  (A) ANY CHILD OF AN OFFICER OR EMPLOYEE, WHERE SUCH CHILD IS UNDER AGE
NINETEEN;
  (B) ANY UNMARRIED DEPENDENT CHILD OF AN OFFICER OR  EMPLOYEE,  REGARD-
LESS OF SUCH CHILD'S AGE, WHERE SUCH CHILD IS INCAPABLE OF SELF-SUSTAIN-
ING  EMPLOYMENT BY REASON OF MENTAL OR PHYSICAL DISABILITY AND BECAME SO
INCAPABLE PRIOR TO ATTAINING THE AGE OF NINETEEN; AND
  (C) ANY UNMARRIED CHILD OF AN OFFICER OR EMPLOYEE, WHERE SUCH CHILD IS
AT AN ACCREDITED INSTITUTION OF HIGHER LEARNING AND IS UNDER  AGE  TWEN-
TY-THREE.
  S  158.  PENSION  FORFEITURE.  NOTWITHSTANDING  ANY OTHER PROVISION OF
GENERAL, SPECIAL OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY:
  1. IN THE CASE OF A MEMBER OR RETIRED  MEMBER  WHO  IS  CONVICTED  OF,
PLEADS  GUILTY TO, PLEADS NOLO CONTENDERE TO, OR PLEADS GUILTY TO PURSU-
ANT TO SUBDIVISION TWO OF SECTION 220.10 OF THE CRIMINAL  PROCEDURE  LAW

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ANY COVERED CRIME SET FORTH IN PARAGRAPH (A), (B), (C), (D), (E), OR (F)
OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED FIFTY-SEVEN OF THIS ARTICLE,
THE COMMISSION OF WHICH IS RELATED TO THE PERFORMANCE OF OR  FAILURE  TO
PERFORM SUCH MEMBER OR RETIRED MEMBER'S OFFICIAL DUTIES AND RESPONSIBIL-
ITIES,  AN  ACTION  MAY  BE  COMMENCED  IN SUPREME COURT BY THE DISTRICT
ATTORNEY HAVING JURISDICTION OVER THE OFFENSE, OR BY THE ATTORNEY GENER-
AL IF THE ATTORNEY GENERAL BROUGHT THE UNDERLYING CRIMINAL  CHARGE,  FOR
THE FORFEITURE OF ALL OR A PORTION OF THOSE RIGHTS AND BENEFITS TO WHICH
SUCH  PERSON  IS OR WILL BE ENTITLED AS A MEMBER OR RETIRED MEMBER. SUCH
ACTION SHALL BE COMMENCED WITHIN SIX  MONTHS  OF  SUCH  CONVICTION.  FOR
PURPOSES  OF THIS ARTICLE, A COVERED CRIME IS RELATED TO THE PERFORMANCE
OF OR FAILURE TO PERFORM SUCH MEMBER OR RETIRED MEMBER'S OFFICIAL DUTIES
AND RESPONSIBILITIES IF IT:
  (A) CONSTITUTED A MATERIAL  VIOLATION  OF  SUCH  MEMBER'S  OR  RETIRED
MEMBER'S DUTIES AND RESPONSIBILITIES AS A PUBLIC SERVANT; OR
  (B)  WAS COMMITTED IN THE COURSE OF AN INDIVIDUAL'S PUBLIC EMPLOYMENT;
OR
  (C) INVOLVED THE USE OF PUBLIC PERSONNEL OR RESOURCES; OR
  (D) INVOLVED AN INDIVIDUAL'S MISREPRESENTATION OF HIS  OR  HER  ACTUAL
OFFICIAL POWERS, DUTIES AND RESPONSIBILITIES; OR
  (E)  EVEN THOUGH COMMITTED OUTSIDE THE SCOPE OF SUCH MEMBER'S OFFICIAL
DUTIES OR RESPONSIBILITIES, INVOLVED ACTIONS OR CONDUCT  BY  WHICH  SUCH
MEMBER OR RETIRED MEMBER INDICATED OR CONVEYED THAT HE OR SHE WAS ACTING
WITH  THE  AUTHORITY OF, OR UNDER COLOR OF THE AUTHORITY OF, ANY GOVERN-
MENTAL ENTITY.
  2. WHERE THE ATTORNEY GENERAL, OR THE DISTRICT ATTORNEY OF THE  COUNTY
IN  WHICH THE MEMBER OR RETIRED MEMBER RESIDES IN THIS STATE, FINDS THAT
A MEMBER OR A RETIRED MEMBER HAS BEEN CONVICTED OF A  COVERED  CRIME  AS
DEFINED  IN  PARAGRAPH  (G)  OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED
FIFTY-SEVEN OF THIS ARTICLE, THE COMMISSION OF WHICH IS RELATED  TO  THE
PERFORMANCE  OR  FAILURE  TO  PERFORM  SUCH MEMBER'S OR RETIRED MEMBER'S
OFFICIAL DUTIES AND RESPONSIBILITIES, AN  ACTION  MAY  BE  COMMENCED  IN
SUPREME  COURT  BY  THE ATTORNEY GENERAL, OR BY THE DISTRICT ATTORNEY OF
THE COUNTY IN WHICH THE MEMBER OR RETIRED MEMBER RESIDES IN THIS  STATE,
FOR  THE  FORFEITURE OF ALL OR A PORTION OF THOSE RIGHTS AND BENEFITS TO
WHICH SUCH PERSON IS OR WILL BE ENTITLED AS A MEMBER OR RETIRED  MEMBER.
SUCH ACTION SHALL BE COMMENCED WITHIN ONE YEAR OF SUCH CONVICTION.
  3.  PRIOR  TO COMMENCEMENT OF SUCH ACTION DESCRIBED IN SUBDIVISION ONE
OR TWO OF THIS SECTION, THE DISTRICT ATTORNEY OR THE  ATTORNEY  GENERAL,
AS  THE  CASE MAY BE, SHALL PROVIDE NOTICE TO THE CHIEF ADMINISTRATOR OF
THE DEFENDANT'S RETIREMENT SYSTEM STATING THAT HE OR SHE HAS  REASON  TO
BELIEVE THAT THE PERSON CONVICTED COMMITTED THE COVERED CRIME RELATED TO
HIS  OR  HER OFFICIAL DUTIES AND RESPONSIBILITIES. WITHIN TWENTY DAYS OF
RECEIPT OF SUCH NOTICE,  THE  CHIEF  ADMINISTRATOR  OF  THE  DEFENDANT'S
RETIREMENT SYSTEM SHALL SUBMIT A NOTICE OF APPLICABILITY TO THE DISTRICT
ATTORNEY  OR  THE  ATTORNEY  GENERAL  AS  THE CASE MAY BE. THE NOTICE OF
APPLICABILITY SHALL CONTAIN A STATEMENT SPECIFYING  WHETHER  THE  PERSON
CONVICTED  IS  OR  HAS  BEEN  A MEMBER OR RETIRED MEMBER OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE  NEW  YORK  STATE  AND
LOCAL  POLICE  AND  FIRE RETIREMENT SYSTEM, THE NEW YORK STATE TEACHERS'
RETIREMENT SYSTEM, THE NEW YORK CITY EMPLOYEES' RETIREMENT  SYSTEM,  THE
NEW  YORK  CITY  TEACHERS'  RETIREMENT  SYSTEM, THE NEW YORK CITY POLICE
PENSION FUND, THE NEW YORK CITY FIRE DEPARTMENT PENSION FUND AND THE NEW
YORK CITY BOARD OF EDUCATION RETIREMENT SYSTEM AND  SHALL  DESCRIBE  THE
RIGHTS  AND BENEFITS TO WHICH SUCH PERSON IS OR WILL BE ENTITLED TO FROM
SUCH PUBLIC RETIREMENT SYSTEM.

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  4. NO FORFEITURE ACTION MAY BE COMMENCED BY THE DISTRICT  ATTORNEY  OR
THE ATTORNEY GENERAL UNTIL RECEIPT OF THE NOTICE OF APPLICABILITY AS SET
FORTH  IN  SUBDIVISION  THREE OF THIS SECTION. IN DETERMINING WHETHER TO
SEEK FORFEITURE OF A PORTION, RATHER THAN ALL, OF SUCH RETIREMENT  BENE-
FITS,  THE  DISTRICT ATTORNEY OR THE ATTORNEY GENERAL MAY CONSIDER MITI-
GATING FACTORS INCLUDING, BUT NOT LIMITED TO: THE NATURE AND SERIOUSNESS
OF THE OFFENSE COMMITTED IN RELATION TO THE  AMOUNT  OF  THE  FORFEITURE
PENALTY;  WHETHER  THE DEFENDANT'S CONDUCT IN COMMITTING THE OFFENSE WAS
WILLFUL OR MALICIOUS; WHETHER THE DEFENDANT MADE  ANY  SUBSTANTIAL  GOOD
FAITH  EFFORTS  TO  PREVENT  OR MITIGATE THE HARM CAUSED BY THE OFFENSE;
WHETHER THE DEFENDANT'S PARTICIPATION IN THE  CRIME  WAS  UNDER  DURESS,
COERCION  OR  INDUCED BY OTHERS; THE IMPACT OF THE CRIME ON THE STATE OR
LOCAL GOVERNMENT AND THE NUMBER  OF  YEARS  OF  THE  DEFENDANT'S  PUBLIC
SERVICE PERFORMED WITHOUT CRIMINAL CONDUCT; THE PECUNIARY BENEFIT TO THE
DEFENDANT FROM THE CRIME; AND WHETHER AND TO WHAT EXTENT THE DEFENDANT'S
FAMILY  IS  DEPENDENT UPON THE DEFENDANT'S PRESENT AND FUTURE RETIREMENT
BENEFITS. THE DISTRICT ATTORNEY OR THE  ATTORNEY  GENERAL  MAY  SEEK  AN
ORDER  FROM  THE COURT THAT SOME OR ALL OF THE FORFEITED PENSION BE PAID
FOR THE BENEFIT OF ANY DEPENDENT CHILDREN AS JUSTICE MAY REQUIRE,  AFTER
TAKING  INTO  CONSIDERATION  THE FINANCIAL NEEDS AND RESOURCES AVAILABLE
FOR SUPPORT OF SUCH CHILDREN. FURTHER, IN THE EVENT OF  ANY  FORFEITURE,
SUCH  MEMBER OR RETIRED MEMBER SHALL BE ENTITLED TO A PRO RATA RETURN OF
HIS OR HER CONTRIBUTION PAID INTO THE RELEVANT  RETIREMENT  SYSTEMS,  IN
ANY AMOUNT PROPORTIONATE TO THE AMOUNT OF ANY FORFEITURE, WITHOUT INTER-
EST.
  5.  UPON  MOTION  BY THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL, AS
THE CASE MAY BE, MADE UPON COMMENCEMENT OF OR AT  ANY  TIME  DURING  THE
PENDENCY  OF A FORFEITURE ACTION, PURSUANT TO THE PROCEDURE SET FORTH IN
SUBDIVISION ONE OF SECTION SIX THOUSAND THREE HUNDRED ELEVEN OR  SECTION
SIX THOUSAND THREE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES,
THE  COURT  MAY  ISSUE  A  TEMPORARY  RESTRAINING ORDER OR A PRELIMINARY
INJUNCTION PROHIBITING THE DEFENDANT FROM RECEIVING ANY RIGHTS OR  BENE-
FITS  FROM  THE  APPROPRIATE RETIREMENT SYSTEM. A PRELIMINARY INJUNCTION
MAY BE GRANTED WHERE THE COURT FINDS THAT THERE IS A SUBSTANTIAL  PROBA-
BILITY  THAT  THE  DISTRICT ATTORNEY OR ATTORNEY GENERAL WILL PREVAIL ON
THE ISSUE OF  FORFEITURE.  NO  SHOWING  OF  IRREPARABLE  HARM  SHALL  BE
REQUIRED. THE COURT MAY NOT CONSIDER ON SUCH MOTION ANY ISSUES PRESENTED
TO  THE COURT WHICH HEARD THE CRIMINAL ACTION IN WHICH THE DEFENDANT WAS
CONVICTED OR WHICH  ARISE  OUT  OF  SUCH  CRIMINAL  ACTION  AND  MAY  BE
PRESENTED ON APPEAL.
  6.  ALL  DEFENDANTS  IN  A  FORFEITURE ACTION BROUGHT PURSUANT TO THIS
ARTICLE SHALL HAVE THE RIGHT TO A HEARING.
  7. THE BURDEN OF PROOF SHALL BE UPON  THE  DISTRICT  ATTORNEY  OR  THE
ATTORNEY GENERAL, AS THE CASE MAY BE, TO PROVE BY A PREPONDERANCE OF THE
EVIDENCE THE FACTS NECESSARY TO ESTABLISH A CLAIM OF PENSION FORFEITURE.
  8.  AT  ANY TIME DURING THE PENDENCY OF A FORFEITURE ACTION, THE COURT
MAY DISMISS THE ACTION IF IT FINDS THAT SUCH RELIEF IS WARRANTED BY  THE
EXISTENCE  OF  SOME  COMPELLING  FACTOR,  CONSIDERATION  OR CIRCUMSTANCE
INCLUDING, BUT NOT LIMITED TO, ONE OR MORE OF THE MITIGATING FACTORS SET
FORTH IN SUBDIVISION FOUR OF  THIS  SECTION,  OR  OTHER  INFORMATION  OR
EVIDENCE  WHICH  DEMONSTRATES  THAT  SUCH FORFEITURE WOULD NOT SERVE THE
ENDS OF JUSTICE. THE COURT MAY ORDER THAT SOME OR ALL OF  THE  FORFEITED
PENSION BE PAID FOR THE BENEFIT OF ANY DEPENDENT CHILDREN AS JUSTICE MAY
REQUIRE,  AFTER  TAKING  INTO  CONSIDERATION  THE  FINANCIAL  NEEDS  AND
RESOURCES AVAILABLE FOR SUPPORT OF SUCH CHILDREN.  THE COURT SHALL ISSUE

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A WRITTEN DECISION STATING THE BASIS FOR AN  ORDER  ISSUED  PURSUANT  TO
THIS SUBDIVISION.
  9.  UPON  A  FINDING  BY  THE COURT THAT THE DEFENDANT HAS COMMITTED A
COVERED CRIME THAT IS RELATED  TO  THE  PERFORMANCE  OF  OR  FAILURE  TO
PERFORM SUCH DEFENDANT'S OFFICIAL DUTIES AND RESPONSIBILITIES, THE COURT
SHALL  ISSUE  AN  ORDER  TO  THE  APPROPRIATE  RETIREMENT SYSTEM FOR THE
FORFEITURE OR RECOUPMENT OF ALL OR A PORTION OF THE  DEFENDANT'S  RIGHTS
AND  BENEFITS  AS  A MEMBER OR RETIRED MEMBER OF SUCH SYSTEM AND FOR THE
RECOUPMENT OF ALL OR A PORTION OF THE RETIREMENT BENEFITS  PAID  TO  THE
DEFENDANT.  IN  DETERMINING  THE  EXTENT OF THE FORFEITURE OR RECOUPMENT
THAT IS WARRANTED, THE COURT MAY CONSIDER ONE OR MORE OF THE  MITIGATING
FACTORS  SET  FORTH  IN SUBDIVISION FOUR OF THIS SECTION. ALL ORDERS AND
FINDINGS MADE BY THE COURT PURSUANT TO THIS SECTION SHALL BE SERVED UPON
THE CHIEF ADMINISTRATOR OF THE DEFENDANT'S RETIREMENT SYSTEM.
  10. UPON A FINAL DETERMINATION THAT REVERSES OR VACATES THE CONVICTION
OR CONVICTIONS OF A  DESIGNATED  OFFENSE  OR  OFFENSES,  THE  MEMBER  OR
RETIRED MEMBER WHO HAS FORFEITED RETIREMENT RIGHTS AND BENEFITS PURSUANT
TO  THIS  SECTION  SHALL  HAVE  SUCH  RIGHTS  AND BENEFITS RETROACTIVELY
RESTORED UPON APPLICATION  TO  THE  COURT  WITH  JURISDICTION  OVER  THE
FORFEITURE  ACTION,  REGARDLESS  OF  ANY  TEMPORARY RESTRAINING ORDER OR
PRELIMINARY INJUNCTION WHICH MAY BE OUTSTANDING OR ORDER WHICH MAY  HAVE
BEEN  ISSUED.  SUCH  COURT, UPON FINDING THAT SUCH A FINAL DETERMINATION
HAS OCCURRED, SHALL ISSUE AN ORDER RETROACTIVELY RESTORING  SUCH  RIGHTS
AND BENEFITS, TOGETHER WITH SUCH OTHER RELIEF DEEMED APPROPRIATE.
  11.  EXCEPT  AS OTHERWISE PROVIDED BY THIS ARTICLE, THE CIVIL PRACTICE
LAW AND RULES SHALL GOVERN THE PROCEDURE IN ACTIONS COMMENCED UNDER THIS
ARTICLE, EXCEPT WHERE  THE  ACTION  IS  REGULATED  BY  ANY  INCONSISTENT
PROVISIONS HEREIN.
  S  159.  MISCELLANEOUS.  THE REMEDIES PROVIDED FOR IN THIS ARTICLE ARE
NOT INTENDED TO SUBSTITUTE FOR, LIMIT OR SUPERSEDE THE LAWFUL  AUTHORITY
OF ANY PUBLIC OFFICER, AGENCY OR OTHER PERSON TO ENFORCE ANY OTHER RIGHT
OR REMEDY PROVIDED FOR BY LAW.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph,  subdivision,  section  or
part thereof directly involved in the controversy in which such judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  3.  This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.