NY State Senate Bill 2019-S90B

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 06, 2020	print number 90b
Jul 06, 2020	amend (t) and recommit to investigations and government operations
Jan 08, 2020	referred to investigations and government operations
Jan 30, 2019	print number 90a
Jan 30, 2019	amend and recommit to investigations and government operations
Jan 09, 2019	referred to investigations and government operations

Bill Amendments

Original

B (Active)

2019-S90 - Details

See Assembly Version of this Bill:: A8605
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5461
2015-2016: S547
2017-2018: S1961, S7252
2021-2022: S93, A1945
2023-2024: S4423

2019-S90 - Summary

Prohibits persons from holding civil office when convicted of certain felonies.

2019-S90 - Sponsor Memo

                                
 
BILL NUMBER: S90

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the public officers law and the civil
rights law, in relation to prohibiting persons from holding public
office or positions of political party leadership when convicted of
certain felonies

 
PURPOSE:

Prohibits certain people from holding public office or positions of
political party leaderships.

 
SUMMARY OF PROVISIONS:

Section 1 The public officers law is amended by adding a new section 3-d
to read as follows:

§3-d. Restriction upon holding public office; felony conviction. 1. No
person shall be capable of holding a civil office or a position of lead-
ership in a political party for a period of ten years if he or she has

been convicted of any felony under article one hundred forty-five, one
hundred fifty five, one hundred seventy, one hundred seventy-five, one
hundred ninety five, two hundred, two hundred ten, or two hundred
fifteen of the penal law.

2. No person shall be capable of joining a political party for period of
five years following the completion of any sentence for a felony
conviction under article one hundred forty-five, one hundred fifty five,
one hundred seventy, one hundred seventy-five, one hundred ninety five,
two hundred, two hundred ten, or two hundred fifteen of the penal law,
regardless of whether he or she obtained a certificate of relief of
disabilities from the division of criminal justice services.

§2. Subdivision 1 of section 79 of the civil rights law, as amended by
chapter 687 of the laws of 1973, is amended to read as follows:  Except
as provided in subdivision two a sentence of imprisonment in a state
correctional institution for any term less than life or a sentence of
imprisonment in a state correctional institution for an indeterminate
term, having a minimum of one day and a maximum of natural life,
forfeits all the public offices, and suspends, during the term of the
sentence all the civil rights, and all private trusts, authority, or
powers of, or held by, the person sentenced, and forfeits the right to
hold public office or a position of leadership in a political party for
a period of 10 years following the completion of any sentence for a
felony conviction under article one hundred forty-five, one hundred
fifty five, one hundred seventy, one hundred seventy-five, one hundred
ninety five, two hundred, two hundred ten, or two hundred fifteen of the
penal law, regardless of whether he or she obtained a certificate of
relief of disabilities from the division of criminal justice services.

§ 3. This act shall take effect immediately.

 
EXISTING LAW:

There is no current law that will address this behavior.

 
JUSTIFICATION:

We have seen in the past and, unfortunately will continue to see poli-
tical parties being manipulated by people who get themselves into lead-
ership positions for the purpose of personal gain.

This type of individual has been using political parties for his/her own
self serving reasons long before any of us were elected to public
office. Most notable was that of Tammany Hall between 1850, and lasting
till 1932 when Franklin Roosevelt stripped the Tammany Organization of
federal funding. We may not have an organization demonstrating
corruption of that scale in New York State today, but corruption in
political parties still exist none the less.

People join various political parties and regardless of which party
joined they expect their leadership do the right thing. They look
forward to the leadership putting the party's best interest ahead of
their own. They would like to win elections but they want to do it
through hard work. They do not want leadership that has been found
misrepresenting the party's interest with the leaderships personal
interest. When personal interest collides with the party's interest
corruption always raises its ugly head. There must be no other option
but to cut it off.

This legislation does exactly that. This legislation removes the ability
of those people that would manipulate, intimidate and / or coerce
members of any political party into supporting them for the purpose of
remaining in those positions. This legislation in place tells the party
members, "If leadership has broken the law, then that leadership has no
right to represent the parties best interest". This legislation helps to
stop the cronyism from spreading and sends a message loud and clear that
regardless of party affiliation this type of behavior will not be toler-
ated in any community within the borders of New York State. This legis-
lation prevents any technicality or mechanism currently in place from
skirting the law and removes the individual from that position.

Finally, it shows the public that the New York State Legislature takes
seriously the trust they, the voters, have given us to protect the
rights of individuals and our communities.

 
LEGISLATIVE HISTORY:

2017-18- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2013-14, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2015-16, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
(S 547)
2017, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
(S.1961)

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill will take effect immediately.

2019-S90 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    90
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the public officers law and the  civil  rights  law,  in
   relation  to  prohibiting  persons from holding public office or posi-
   tions of political party leadership when convicted of certain felonies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The public officers law is amended by adding a new section
 3-d to read as follows:
   § 3-D. RESTRICTIONS UPON HOLDING PUBLIC OFFICE; FELONY CONVICTION.  1.
 NO  PERSON  SHALL  BE CAPABLE OF HOLDING A CIVIL OFFICE OR A POSITION OF
 LEADERSHIP IN A POLITICAL PARTY FOR A PERIOD OF TEN YEARS IF HE  OR  SHE
 HAS  BEEN  CONVICTED OF ANY FELONY UNDER ARTICLE ONE HUNDRED FORTY-FIVE,
 ONE HUNDRED FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE  HUNDRED  SEVENTY-FIVE,
 ONE  HUNDRED  NINETY-FIVE,  TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED
 FIFTEEN OF THE PENAL LAW.
   2. NO PERSON SHALL BE CAPABLE OF JOINING A POLITICAL COMMITTEE  FOR  A
 PERIOD  OF  FIVE  YEARS  FOLLOWING  THE COMPLETION OF ANY SENTENCE FOR A
 FELONY CONVICTION UNDER ARTICLE  ONE  HUNDRED  FORTY-FIVE,  ONE  HUNDRED
 FIFTY-FIVE,  ONE  HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED
 NINETY-FIVE, TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED FIFTEEN OF THE
 PENAL LAW, REGARDLESS OF WHETHER HE OR SHE HAS OBTAINED A CERTIFICATE OF
 RELIEF OF DISABILITIES FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   § 2. Subdivision 1 of section 79 of the civil rights law,  as  amended
 by chapter 687 of the laws of 1973, is amended to read as follows:
   1. Except as provided in subdivision two OF THIS SECTION a sentence of
 imprisonment  in a state correctional institution for any term less than
 for life or a sentence of imprisonment in a state correctional  institu-
 tion  for an indeterminate term, having a minimum of one day and a maxi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03468-01-9

 S. 90                               2
 
 mum of natural life, forfeits all  the  public  offices,  and  suspends,
 during  the  term of the sentence, all the civil rights, and all private
 trusts, authority, or powers of, or held by, the person  sentenced,  AND
 FORFEITS  THE RIGHT TO HOLD PUBLIC OFFICE OR A POSITION OF LEADERSHIP IN
 A POLITICAL PARTY FOR A PERIOD OF TEN YEARS FOLLOWING THE COMPLETION  OF
 ANY  SENTENCE  FOR  A FELONY CONVICTION UNDER ARTICLE ONE HUNDRED FORTY-
 FIVE, ONE HUNDRED FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE HUNDRED  SEVENTY-
 FIVE,  ONE  HUNDRED  NINETY-FIVE,  TWO  HUNDRED, TWO HUNDRED TEN, OR TWO
 HUNDRED FIFTEEN OF THE PENAL LAW, REGARDLESS OF WHETHER HE  OR  SHE  HAS
 OBTAINED  A  CERTIFICATE  OF RELIEF OF DISABILITIES FROM THE DIVISION OF
 CRIMINAL JUSTICE SERVICES.
   § 3. This act shall take effect immediately.

co-Sponsors

2019-S90A - Details

See Assembly Version of this Bill:: A8605
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5461
2015-2016: S547
2017-2018: S1961, S7252
2021-2022: S93, A1945
2023-2024: S4423

2019-S90A - Summary

Prohibits persons from holding civil office when convicted of certain felonies.

2019-S90A - Sponsor Memo

                                
 
BILL NUMBER: S90A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the public officers law and the civil rights law, in
relation to prohibiting persons from holding public office or positions
of political party leadership when convicted of certain felonies

 
PURPOSE:

Prohibits certain people from holding public office or positions of
political party leaderships.

 
SUMMARY OF PROVISIONS:

Section 1 The public officers law is amended by adding a new section 3-d
to read as follows:

§ 3-d. Restriction upon holding public office; felony conviction. 1. No
person shall be capable of holding a civil office or a position of lead-

ership in a political party for a period of ten years if he or she has
been convicted of any felony under article one hundred forty-five, one
hundred fifty five, one hundred seventy, one hundred seventy-five, one
hundred ninety five, two hundred, two hundred ten, or two hundred
fifteen of the penal law.

2. No person shall be capable of joining a political party for period of
five years following the completion of any sentence for a felony
conviction under article one hundred forty-five, one hundred fifty five,
one hundred seventy, one hundred seventy-five, one hundred ninety five,
two hundred, two hundred ten, or two hundred fifteen of the penal law,
regardless of whether he or she obtained a certificate of relief of
disabilities from the division of criminal justice services.

§ 2. Subdivision 1 of section 79 of the civil rights law, as amended by
chapter 687 of the laws of 1973, is amended to read as follows:  Except
as provided in subdivision two a sentence of imprisonment in a state
correctional institution for any term less than life or a sentence of
imprisonment in a state correctional institution for an indeterminate
term, having a minimum of one day and a maximum of natural life,
forfeits all the public offices, and suspends, during the term of the
sentence all the civil rights, and all private trusts, authority, or
powers of, or held by, the person sentenced, and forfeits the right to
hold public office or a position of leadership in a political party for
a period of 10 years following the completion of any sentence for a
felony conviction under article one hundred forty-five, one hundred
fifty five, one hundred seventy, one hundred seventy-five, one hundred
ninety five, two hundred, two hundred ten, or two hundred fifteen of the
penal law, regardless of whether he or she obtained a certificate of
relief of disabilities from the division of criminal justice services.

§ 3. This act shall take effect immediately.

 
EXISTING LAW:

There is no current law that will address this behavior.

 
JUSTIFICATION:
We have seen in the past and, unfortunately will continue to see poli-
tical parties being manipulated by people who get themselves into lead-
ership positions for the purpose of personal gain.

This type of individual has been using political parties for his/her own
self serving reasons long before any of us were elected to public
office. Most notable was that of Tammany Hall between 1850, and lasting
till 1932 when Franklin Roosevelt stripped the Tammany Organization of
federal funding. We may not have an organization demonstrating
corruption of that scale in New York State today, but corruption in
political parties still exist none the less.

People join various political parties and regardless of which party
joined they expect their leadership do the right thing. They look
forward to the leadership putting the party's best interest ahead of
their own. They would like to win elections but they want to do it
through hard work. They do not want leadership that has been found
misrepresenting the party's interest with the leaderships personal
interest. When personal interest collides with the party's interest
corruption always raises its ugly head. There must be no other option
but to cut it off.

This legislation does exactly that. This legislation removes the ability
of those people that would manipulate, intimidate and / or coerce
members of any political party into supporting them for the purpose of
remaining in those positions. This legislation in place tells the party
members, "If leadership has broken the law, then that leadership has no
right to represent the parties best interest". This legislation helps to
stop the cronyism from spreading and sends a message loud and clear that
regardless of party affiliation this type of behavior will not be toler-
ated in any community within the borders of New York State. This legis-
lation prevents any technicality or mechanism currently in place from
skirting the law and removes the individual from that position.

Finally, it shows the public that the New York State Legislature takes
seriously the trust they, the voters, have given us to protect the
rights of individuals and our communities.

 
LEGISLATIVE HISTORY:

2017-18- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2013-14, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2015-16, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
(S 547) 2017, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPER-
ATIONS
(S.1961)

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill will take effect immediately.

2019-S90A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   90--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment  Operations  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the public officers law and the civil rights law, in
   relation to prohibiting persons from holding public  office  or  posi-
   tions of political party leadership when convicted of certain felonies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public officers law is amended by adding a new  section
 3-d to read as follows:
   §  3-D. RESTRICTIONS UPON HOLDING PUBLIC OFFICE; FELONY CONVICTION. 1.
 NO PERSON SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE OR  A  POSITION  OF
 LEADERSHIP  IN  A POLITICAL PARTY FOR A PERIOD OF TEN YEARS IF HE OR SHE
 HAS BEEN CONVICTED OF ANY FELONY UNDER ARTICLE ONE  HUNDRED  FORTY-FIVE,
 ONE  HUNDRED  FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE,
 ONE HUNDRED NINETY-FIVE, TWO HUNDRED, TWO HUNDRED TEN,  OR  TWO  HUNDRED
 FIFTEEN OF THE PENAL LAW OR ANY FELONY UNDER CHAPTER 11, 15, 25, 29, 31,
 41, 47, 63, 73, 79, OR 93 OF TITLE 18 OF THE US CODE.
   2.  NO  PERSON SHALL BE CAPABLE OF JOINING A POLITICAL COMMITTEE FOR A
 PERIOD OF FIVE YEARS FOLLOWING THE COMPLETION  OF  ANY  SENTENCE  FOR  A
 FELONY  CONVICTION  UNDER  ARTICLE  ONE  HUNDRED FORTY-FIVE, ONE HUNDRED
 FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE,  ONE  HUNDRED
 NINETY-FIVE, TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED FIFTEEN OF THE
 PENAL  LAW  OR  ANY FELONY UNDER CHAPTER 11, 15, 25, 29, 31, 41, 47, 63,
 73, 79, OR 93 OF TITLE 18 OF THE US CODE, REGARDLESS OF  WHETHER  HE  OR
 SHE  HAS OBTAINED A CERTIFICATE OF RELIEF OF DISABILITIES FROM THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES.
   § 2. Subdivision 1 of section 79 of the civil rights law,  as  amended
 by chapter 687 of the laws of 1973, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03468-03-9

 S. 90--A                            2
 
   1. Except as provided in subdivision two OF THIS SECTION a sentence of
 imprisonment  in a state correctional institution for any term less than
 for life or a sentence of imprisonment in a state correctional  institu-
 tion  for an indeterminate term, having a minimum of one day and a maxi-
 mum  of  natural  life,  forfeits  all the public offices, and suspends,
 during the term of the sentence, all the civil rights, and  all  private
 trusts,  authority,  or powers of, or held by, the person sentenced, AND
 FORFEITS THE RIGHT TO HOLD PUBLIC OFFICE OR A POSITION OF LEADERSHIP  IN
 A  POLITICAL PARTY FOR A PERIOD OF TEN YEARS FOLLOWING THE COMPLETION OF
 ANY SENTENCE FOR A FELONY CONVICTION UNDER ARTICLE  ONE  HUNDRED  FORTY-
 FIVE,  ONE HUNDRED FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE HUNDRED SEVENTY-
 FIVE, ONE HUNDRED NINETY-FIVE, TWO HUNDRED,  TWO  HUNDRED  TEN,  OR  TWO
 HUNDRED FIFTEEN OF THE PENAL LAW OR ANY FELONY UNDER CHAPTER 11, 15, 25,
 29, 31, 41, 47, 63, 73, 79, OR 93 OF TITLE 18 OF THE US CODE, REGARDLESS
 OF  WHETHER  HE OR SHE HAS OBTAINED A CERTIFICATE OF RELIEF OF DISABILI-
 TIES FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   § 3. This act shall take effect immediately.

co-Sponsors

2019-S90B (ACTIVE) - Details

See Assembly Version of this Bill:: A8605
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5461
2015-2016: S547
2017-2018: S1961, S7252
2021-2022: S93, A1945
2023-2024: S4423

2019-S90B (ACTIVE) - Summary

Prohibits persons from holding civil office when convicted of certain felonies.

2019-S90B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S90B

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting
persons from holding civil office when convicted of certain felonies

 
PURPOSE:

The purpose of the bill is to prohibit people who stand convicted of
certain criminal acts from seeking and holding civil office.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend subdivision 1-a of section three of
the Public Officers Law to add additional circumstances when a person
may not serve in civil office as an elected official.  The bill would
add to the current lifetime ban in Subdivision 1-a a person who stands
convicted of a felony, committed through the use of or in connection
with his or her civil office, defined in Article 215 of the Penal Law

("Offenses Relating to Judicial and Other Proceedings") or defined in
Title 18 U.S. Code chapter 11, 19, 31 or 63. It would also provide that
a person shall be incapable of holding civil office, for a period of ten
years following the completion of sentence, for a felony, committed
through the use of or in connection with his or her civil office, under
Title 18 U.S. Code chapter 47.

This section would also provide that a certificate of relief from disa-
bilities or certificate of good conduct, pursuant to NY Correction Law
Art. 23, shall not affect the disqualifications set forth in Public
Officers Law § 3 (1-a).

Further, the bill would begin the five and ten year bans set forth in
the subdivision 1-a upon the completion of sentence, rather than from
the date of conviction as in current law.

Section two is a severance clause. Section three is the effective date.

 
EXISTING LAW:

Subdivision 1-a of section three of the Public Officers Law establishes
a lifetime ban and, in some instances, a five or ten year ban on serving
in civil office following conviction of certain state crimes.

 
JUSTIFICATION:

Subdivision 1-a of Section Three of the Public Officers Law bans persons
convicted of certain state crimes from serving in political office.
Regrettably, even while the existing law has been in place, some offi-
cials serving in office have nonetheless engaged in corrupt acts, and
some have been prosecuted for these corruption crimes in federal court
under federal law.

The intent of the Legislature in enacting subdivision 1-a was to bar
persons engaging in and convicted of the most serious corruption crimes
from again seeking and serving in civil office. Experience has shown
that, in some instances, these abuses of office have been prosecuted
under federal law in the federal courts. This bill would make clear that
such corrupt acts resulting in conviction and sentencing in federal
court will similarly bar service in civil office in New York.

If enacted, this legislation would help stop cronyism and corruption.
It would send a message loud and clear that, regardless of one's party
affiliation, this type of behavior will not be tolerated within the
borders of the State of New York. This legislation would remove any such
corrupt individual from office, and bar return to civil office for an
appropriate period or for life.

Finally, this bill would demonstrate and reconfirm that we, the members
of the New York State Legislature, take seriously the trust voters
extend to us when selecting us and giving us the privilege to serve.

 
LEGISLATIVE HISTORY:

2017-18- REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2013-14, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2015-16, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
(S 547)
2017, Latimer - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
(S.1961)

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately and apply to convictions entered
before, on and after the date on which the bill is signed into law.

2019-S90B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   90--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. KAMINSKY, KENNEDY -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Investigations
   and Government  Operations  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Investigations  and  Government  Oper-
   ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   persons from holding civil office when convicted of certain felonies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1-a of section 3 of the public officers law, as
 added by section 31-b of subpart A of part H of chapter 55 of  the  laws
 of 2014, is amended to read as follows:
   1-a.  (i)  No  person  shall  be capable of holding a civil office who
 shall stand convicted of a felony defined in article two hundred or four
 hundred ninety-six or section 195.20 of the  penal  law,  OR  A  FELONY,
 COMMITTED  THROUGH  THE  USE  OF  OR IN CONNECTION WITH HIS OR HER CIVIL
 OFFICE, DEFINED IN ARTICLE TWO HUNDRED FIFTEEN OF THE PENAL LAW OR CHAP-
 TER 11, 19, 31 OR 63 OF TITLE 18 OF THE UNITED STATES CODE, OR SHALL  BE
 CAPABLE OF HOLDING CIVIL OFFICE, FOR A PERIOD OF TEN YEARS FOLLOWING THE
 COMPLETION OF SENTENCE, FOR A FELONY, COMMITTED THROUGH THE USE OF OR IN
 CONNECTION WITH HIS OR HER CIVIL OFFICE, UNDER CHAPTER 47 OF TITLE 18 OF
 THE UNITED STATES CODE.
   (ii)  Any  individual who stands convicted of a misdemeanor defined in
 article two hundred, article four hundred ninety-six or  section  195.00
 of  the  penal  law may not hold civil office for a period of five years
 [from the date of conviction]  FOLLOWING  THE  COMPLETION  OF  SENTENCE,
 provided  that  in  the  event  such  conviction is the result of a plea
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03468-07-0

 S. 90--B                            2
 
 agreement resulting in a plea to such  charge  in  lieu  of  a  plea  or
 conviction of a felony defined in section 195.20, article two hundred or
 article  four  hundred  ninety-six of the penal law, all parties to such
 agreement  may  agree that the period of such bar may be for a period of
 up to ten years [from the date of conviction] FOLLOWING  THE  COMPLETION
 OF SENTENCE.
   (III)  THE  GRANTING  OF  A CERTIFICATE OF RELIEF FROM DISABILITIES OR
 CERTIFICATE OF GOOD CONDUCT, PURSUANT TO  ARTICLE  TWENTY-THREE  OF  THE
 CORRECTION LAW, SHALL NOT AFFECT THE DISQUALIFICATIONS SET FORTH IN THIS
 SUBDIVISION.
   §  2.  If  any part or provision of this act is adjudged by a court of
 competent jurisdiction to be unconstitutional or otherwise invalid, such
 judgment shall not affect or impair any other part or provision of  this
 act, but shall be confined in its operation to such part or provision.
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 convictions entered before, on or after such date.

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Senate Bill S90B

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2019-S90 - Details

2019-S90 - Summary

2019-S90 - Sponsor Memo

2019-S90 - Bill Text download pdf

co-Sponsors

2019-S90A - Details

2019-S90A - Summary

2019-S90A - Sponsor Memo

2019-S90A - Bill Text download pdf

co-Sponsors

2019-S90B (ACTIVE) - Details

2019-S90B (ACTIVE) - Summary

2019-S90B (ACTIVE) - Sponsor Memo

2019-S90B (ACTIVE) - Bill Text download pdf

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Senate Bill S90B

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

2019-S90 - Details

2019-S90 - Summary

2019-S90 - Sponsor Memo

2019-S90 - Bill Text download pdf

co-Sponsors

Timothy M. Kennedy

2019-S90A - Details

2019-S90A - Summary

2019-S90A - Sponsor Memo

2019-S90A - Bill Text download pdf

co-Sponsors

Timothy M. Kennedy

2019-S90B (ACTIVE) - Details

2019-S90B (ACTIVE) - Summary

2019-S90B (ACTIVE) - Sponsor Memo

2019-S90B (ACTIVE) - Bill Text download pdf

Comments