Assembly Bill A148

2023-2024 Legislative Session

Prohibits state reimbursement of campaign and political committees and legal defense funds for payments made on behalf of the criminal or civil defense of a state employee

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-A148 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §19, Pub Off L
Versions Introduced in 2021-2022 Legislative Session:
A8138

2023-A148 - Summary

Prohibits state reimbursement of campaign and political committees, or legal defense funds, for payments made on behalf of the criminal or civil defense of a state employee.

2023-A148 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    148
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ, SILLITTI -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   reimbursement  of  campaign  committees  and  legal  defense funds for
   defense costs incurred on behalf of state employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 19 of the public officers law, as
 amended by chapter 769 of the laws  of  1985,  is  amended  to  read  as
 follows:
   2. (a) Upon compliance by the employee with the provisions of subdivi-
 sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
 PARAGRAPH  (B) OF THIS SUBDIVISION AND the conditions set forth in para-
 graph [(b)] (C) of this subdivision, it shall be the duty of  the  state
 to pay reasonable attorneys' fees and litigation expenses incurred by or
 on  behalf of an employee in his or her defense of a criminal proceeding
 in a state or federal court arising out of any act which occurred  while
 such  employee  was  acting within the scope of his public employment or
 duties upon his acquittal or upon the dismissal of the criminal  charges
 against him or reasonable attorneys' fees incurred in connection with an
 appearance  before  a  grand jury which returns no true bill against the
 employee where such appearance was required as a result of any act which
 occurred while such employee was acting within the scope of  his  public
 employment  or duties unless such appearance occurs in the normal course
 of the public employment or duties of such employee.
   (b)  NO REIMBURSEMENT SHALL BE PAID PURSUANT TO THIS  SECTION  TO  ANY
 CAMPAIGN OR POLITICAL COMMITTEE, OR LEGAL DEFENSE FUND WHICH PAYS ALL OR
 ANY  PORTION  OF  AN  EMPLOYEES' REASONABLE ATTORNEYS' FEES AND/OR LITI-
 GATION EXPENSES.   FURTHERMORE, AN EMPLOYEE  ON  WHOSE  BEHALF  A  LEGAL
 DEFENSE  FUND OR LEGAL DEFENSE FUNDS HAVE BEEN ESTABLISHED, SHALL NOT BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A148A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §19, Pub Off L
Versions Introduced in 2021-2022 Legislative Session:
A8138

2023-A148A (ACTIVE) - Summary

Prohibits state reimbursement of campaign and political committees, or legal defense funds, for payments made on behalf of the criminal or civil defense of a state employee.

2023-A148A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  148--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. CRUZ, SILLITTI, SIMONE -- read once and referred
   to the Committee on Governmental  Operations  --  recommitted  to  the
   Committee  on Governmental Operations in accordance with Assembly Rule
   3, sec. 2 -- 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
   reimbursement of campaign and political committees and  legal  defense
   funds for defense costs incurred on behalf of state employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 19 of the public officers law,  as
 amended  by  chapter  769  of  the  laws  of 1985, is amended to read as
 follows:
   2. (a) Upon compliance by the employee with the provisions of subdivi-
 sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
 PARAGRAPH (B) OF THIS SUBDIVISION AND the conditions set forth in  para-
 graph  [(b)]  (C) of this subdivision, it shall be the duty of the state
 to pay reasonable attorneys' fees and litigation expenses incurred by or
 on behalf of an employee in [his or her] SUCH EMPLOYEE'S  defense  of  a
 criminal  proceeding  in a state or federal court arising out of any act
 which occurred while such employee was acting within the scope of  [his]
 SUCH  EMPLOYEE'S  public employment or duties upon [his] SUCH EMPLOYEE'S
 acquittal or upon the dismissal of the criminal  charges  against  [him]
 THE  EMPLOYEE  or reasonable attorneys' fees incurred in connection with
 an appearance before a grand jury which returns no true bill against the
 employee where such appearance was required as a result of any act which
 occurred while such employee was acting within the scope  of  [his]  THE
 EMPLOYEE'S  public employment or duties unless such appearance occurs in
 the normal course of the public employment or duties of such employee.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01880-03-4
              

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