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

                                  8182

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             October 4, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the public officers law and the criminal procedure  law,
  in  relation  to  the withholding of salaries of elected officials who
  have been indicted on charges of any crimes related  to  their  public
  office

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

  Section 1. Article 8 of the public officers law is renumbered  article
9 and a new article 8 is added to read as follows:
                                ARTICLE 8
                 WITHHOLDING SALARY OF ELECTED OFFICIALS
SECTION 112. DEFINITIONS.
        113. TERMS AND CONDITIONS.
        114. WITHHOLDING OF SALARY PAYMENTS.
  S 112. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "ELECTED OFFICIALS" MEANS EVERY OFFICER WHO IS ELECTED BY ELECTORS
OF THE STATE OR OFFICER WHO IS ELECTED BY A POLITICAL PARTY.
  2. "CRIMES RELATED TO PUBLIC OFFICE" MEANS ANY OF THE FOLLOWING CRIMI-
NAL OFFENSES WHETHER COMMITTED IN THIS STATE OR IN ANY  OTHER  JURISDIC-
TION  BY AN ELECTED OFFICIAL THROUGH THE USE OF HIS OR HER PUBLIC OFFICE
OR BY THE INDIVIDUAL REPRESENTING THAT HE OR SHE  WAS  ACTING  WITH  THE
AUTHORITY OF ANY GOVERNMENTAL ENTITY, AND ACTING AS AN ELECTED OFFICIAL:
  A.  A  FELONY  FOR  COMMITTING, AIDING OR ABETTING A LARCENY OF PUBLIC
FUNDS FROM THE STATE OR A MUNICIPALITY;
  B. A FELONY COMMITTED IN DIRECT CONNECTION WITH SERVICE AS AN  ELECTED
OFFICIAL; OR
  C.  A FELONY COMMITTED BY SUCH PERSON WHO, WITH THE INTENT TO DEFRAUD,
REALIZES OR OBTAINS, OR ATTEMPTS TO REALIZE OR OBTAIN, A PROFIT, GAIN OR
ADVANTAGE FOR HIMSELF OR HERSELF OR FOR SOME OTHER PERSON,  THROUGH  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11743-01-3

              

A. 8182                             2

USE  OR  ATTEMPTED USE OF THE POWER, RIGHTS, PRIVILEGES OR DUTIES OF HIS
OR HER POSITION AS AN ELECTED OFFICIAL.
  S  113.  TERMS  AND  CONDITIONS.  NOTWITHSTANDING ANY OTHER LAW TO THE
CONTRARY, IT SHALL BE A TERM AND CONDITION  OF  HOLDING  PUBLIC  ELECTED
OFFICE  IN  THE  STATE  OF  NEW  YORK THAT ALL ELECTED OFFICIALS' SALARY
PAYMENTS ARE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
  S 114. WITHHOLDING OF SALARY PAYMENTS. 1. A. UPON NOTIFICATION  OF  AN
INDICTMENT PURSUANT TO SECTION 190.95 OF THE CRIMINAL PROCEDURE LAW, THE
PUBLIC EMPLOYER OF AN ELECTED OFFICIAL, WHO HAS BEEN INDICTED ON CHARGES
OF  ANY  CRIMES  RELATED  TO  THEIR  PUBLIC  OFFICE, SHALL WITHHOLD SUCH
ELECTED OFFICIAL'S SALARY  PAYMENTS.  IF  SUCH  ELECTED  OFFICIAL  SEEKS
ANOTHER  PUBLIC OFFICE OR ANOTHER PUBLIC EMPLOYMENT POSITION WHILE UNDER
INDICTMENT, IT SHALL BE THE BURDEN OF THE  ELECTED  OFFICIAL  TO  NOTIFY
THEIR  NEW PUBLIC EMPLOYER OF THEIR INDICTMENT. THIS SECTION SHALL APPLY
FOR ALL SALARY PAYMENTS WHILE EMPLOYED AS AN ELECTED OFFICIAL,  OFFICIAL
OR EMPLOYEE OF THE STATE OR LOCAL GOVERNMENT.
  B.  A PUBLIC EMPLOYER SHALL NOTIFY THE ELECTED OFFICIAL OF SUCH SALARY
PAYMENT WITHHOLDING AND PROVIDE THEM WITH A COPY OF NOTIFICATION OF  THE
INDICTMENT PURSUANT TO SECTION 190.95 OF THE CRIMINAL PROCEDURE LAW.
  2.  UPON  NOTIFICATION, THE PUBLIC EMPLOYER OR EMPLOYERS OF AN ELECTED
OFFICIAL FACING CHARGES OF CRIMES RELATED TO THEIR  PUBLIC  OFFICE  THAT
HAS  HAD SUCH CHARGES DISMISSED, ACQUITTED OR HAVE BEEN FOUND NOT GUILTY
BY TRIAL JURY, SHALL PROMPTLY PAY THE WITHHELD SALARY  PAYMENTS  TO  THE
ELECTED OFFICIAL WITHIN SIXTY DAYS.
  3.  UPON  A  PLEA  OF  GUILTY,  OR BY CONVICTION AFTER TRIAL TO CRIMES
RELATED TO PUBLIC OFFICE OF AN ELECTED  OFFICIAL,  THE  WITHHELD  SALARY
PAYMENTS SHALL NOT BE PAID AND RETURNED. SUCH WITHHELD PAYMENTS SHALL BE
DEPOSITED INTO THE PUBLIC EMPLOYER'S GENERAL FUND.
  4.  A  PUBLIC  EMPLOYER  SHALL  PROVIDE  THE  ELECTED  OFFICIAL WITH A
DETAILED ACCOUNTING  OF  THE  WITHHELD  SALARY  PAYMENTS  FOLLOWING  THE
CONCLUSION OF AN INDICTMENT PURSUANT TO SUBDIVISION TWO OR THREE OF THIS
SECTION.
  S 2. Section 77-a of the public officers law, as added by chapter 1012
of the laws of 1965, is amended to read as follows:
  S 77-a. [Members  of  the  legislature]  ELECTED  OFFICIALS  liable to
forfeiture of office. The conviction of [a member of the legislature  or
any  officer  or employee of the legislature] AN ELECTED OFFICIAL of any
[of the crimes defined in sections seventy-five, seventy-six  or  seven-
ty-seven]  CRIME  RELATED  TO  PUBLIC  OFFICE, AS DEFINED IN SECTION ONE
HUNDRED TWELVE of this chapter, shall involve as a consequence in  addi-
tion  to  the punishment provided [in any such section] BY LAW a forfei-
ture of his OR HER office; and shall disqualify him  OR  HER  from  ever
afterwards  holding  any  office under this state OR BEING AN OFFICER OR
EMPLOYEE OF THE LEGISLATURE.
  S 3. The public officers law is amended by adding a new  section  77-b
to read as follows:
  S  77-B. OFFICERS OR EMPLOYEES OF THE LEGISLATURE LIABLE TO FORFEITURE
OF OFFICE. THE CONVICTION OF ANY OFFICER OR EMPLOYEE OF THE  LEGISLATURE
OF  ANY  CRIME,  DEFINED IN SECTION SEVENTY-SEVEN OF THIS ARTICLE, SHALL
INVOLVE AS A CONSEQUENCE IN ADDITION TO THE PUNISHMENT PROVIDED BY LAW A
FORFEITURE OF HIS OR HER POSITION; AND SHALL DISQUALIFY HIM OR HER  FROM
EVER  AFTERWARDS HOLDING ANY OFFICE UNDER THIS STATE OR BEING AN OFFICER
OR EMPLOYEE OF THE LEGISLATURE.
  S 4. The criminal procedure law is amended by  adding  a  new  section
190.95 to read as follows:
S 190.95 GRAND JURY; NOTIFICATION OF INDICTMENT IN CERTAIN CASES.

A. 8182                             3

  UPON THE INDICTMENT OF AN ELECTED OFFICIAL ON CRIMES RELATED TO PUBLIC
OFFICE,  AS DEFINED IN SECTION ONE HUNDRED TWELVE OF THE PUBLIC OFFICERS
LAW, THE GRAND JURY SHALL DIRECT THE DISTRICT  ATTORNEY  TO  NOTIFY  THE
ELECTED  OFFICIAL'S  PUBLIC  EMPLOYER  OF  THE  INDICTMENT. THE DISTRICT
ATTORNEY  SHALL  NOTIFY  THE  PUBLIC  EMPLOYER NO LATER THAN THIRTY DAYS
FOLLOWING THE INDICTMENT.
  S 5. The criminal procedure law is amended by  adding  a  new  section
220.52 to read as follows:
S 220.52 NOTICE OF ENTRY OF GUILTY PLEA INVOLVING AN ELECTED OFFICIAL.
  THE  COURT  SHALL NOTIFY THE PUBLIC EMPLOYER OR EMPLOYERS OF A DEFEND-
ANT, WHO IS FACING CRIMES RELATED TO THEIR PUBLIC OFFICE AS  AN  ELECTED
OFFICIAL AS DEFINED IN SECTION ONE HUNDRED TWELVE OF THE PUBLIC OFFICERS
LAW,  THAT  HAS ENTERED A GUILTY PLEA TO A COUNT OR COUNTS OF AN INDICT-
MENT OF A CRIME THAT WAS RELATED TO THEIR PUBLIC OFFICE. THE COURT SHALL
NOTIFY SUCH DEFENDANT'S PUBLIC EMPLOYER OR EMPLOYERS OF THE ENTRY  OF  A
GUILTY PLEA WITHIN THIRTY DAYS.
  S  6.  The  criminal  procedure law is amended by adding a new section
310.90 to read as follows:
S 310.90 VERDICT; NOTIFICATION IN CERTAIN CASES.
  THE VERDICT OF THE JURY INVOLVING A DEFENDANT, WHO AT THE TIME OF  THE
CRIMINAL  ACT  IN  QUESTION  WAS AN ELECTED OFFICIAL AND THE CRIMES WERE
RELATED TO THEIR PUBLIC OFFICE, SHALL BE TRANSMITTED BY THE COURT TO THE
DEFENDANT'S PUBLIC EMPLOYER OR EMPLOYERS WITHIN THIRTY DAYS.
  S 7. Section 290.10 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. UPON ISSUING A TRIAL ORDER OF DISMISSAL FOR A DEFENDANT, WHO AT THE
TIME OF THE CRIMINAL ACT OR ACTS IN QUESTION WAS AN ELECTED OFFICIAL AND
THE CRIMES WERE RELATED TO THEIR  PUBLIC  OFFICE,  WHICH  DISMISSES  ALL
COUNTS  OF  THE  INDICTMENT  WHICH ARE RELATED TO THE DEFENDANT'S PUBLIC
OFFICE, THE COURT SHALL NOTIFY THE DEFENDANT'S  PUBLIC  EMPLOYER  WITHIN
THIRTY DAYS.
  S  8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.