S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9625
 
                           I N  A S S E M B L Y
 
                             January 28, 2020
                                ___________
 
 Introduced  by M. of A. LiPETRI -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law and  the  criminal  procedure  law,  in
   relation  to  including  attempting  to register as an elector knowing
   that he or she is not qualified due to lack of U.S. citizenship
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  17-104 of the election law is amended to read as
 follows:
   § 17-104. False registration. Any person who:
   1. Registers or attempts to register as an elector in  more  than  one
 election  district  for the same election, or more than once in the same
 election district; or[,]
   2. Registers or attempts to register as an elector,  knowing  that  he
 will  not be a qualified voter in the district at the election for which
 such registration is made; or
   3. REGISTERS OR ATTEMPTS TO REGISTER AS AN ELECTOR, WHEN HE OR SHE  IS
 NOT QUALIFIED DUE TO LACK OF U.S. CITIZENSHIP; OR
   4.  Registers or attempts to register as an elector under any name but
 his own; or
   [4.] 5. Knowingly gives a false residence within the election district
 when registering as an elector; or
   [5.] 6. Knowingly permits, aids, assists, abets, procures, commands or
 advises another to commit any such act, is guilty of a CLASS E felony.
   § 2. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of  the
 criminal  procedure law, as added by section 2 of part JJJ of chapter 59
 of the laws of 2019, are amended to read as follows:
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14693-05-0

 A. 9625                             2
 
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this [article] TITLE; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law; OR
   (J) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
 LAW.
   §  3.  Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1
 of section 530.20 of the criminal procedure law, as added by section  16
 of  part  JJJ  of chapter 59 of the laws of 2019, are amended to read as
 follows:
   (viii) criminal contempt in the second degree as defined  in  subdivi-
 sion  three of section 215.50 of the penal law, criminal contempt in the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of the penal law or aggravated criminal contempt as defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; [or]
   (ix) facilitating a sexual performance by a child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law; OR
   (X) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
 LAW.
   § 4. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of  the
 criminal procedure law, as added by section 18 of part JJJ of chapter 59
 of the laws of 2019, are amended to read as follows:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law; OR
   (J) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
 LAW.
   § 5. This act shall take effect immediately.