S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3225
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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,  as  renumbered  by
 chapter 511 of the laws of 1976, is renumbered article 9 and a new arti-
 cle 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.
   § 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.
              

                                                            LBD02231-01-9

 A. 3225                             2
 
 USE  OR  ATTEMPTED USE OF THE POWER, RIGHTS, PRIVILEGES OR DUTIES OF HIS
 OR HER POSITION AS AN ELECTED OFFICIAL.
   §  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.
   § 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.
   §  2.  The  criminal  procedure law is amended by adding a new section
 190.95 to read as follows:
 § 190.95 GRAND JURY; NOTIFICATION OF INDICTMENT IN CERTAIN CASES.
   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.
   § 3. The criminal procedure law is amended by  adding  a  new  section
 220.52 to read as follows:
 § 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.
   §  4.  The  criminal  procedure law is amended by adding a new section
 310.90 to read as follows:
 § 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

 A. 3225                             3
 
 RELATED TO THEIR PUBLIC OFFICE, SHALL BE TRANSMITTED BY THE COURT TO THE
 DEFENDANT'S PUBLIC EMPLOYER OR EMPLOYERS WITHIN THIRTY DAYS.
   § 5. 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.
   § 6. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.