NY State Senate Bill 2023-S1390

Senate Bill S1390

2023-2024 Legislative Session

Prohibits sex offenders who are on parole and in civil confinement from voting in certain elections

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Current Bill Status - In Senate Committee Finance 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
Jan 03, 2024	referred to finance
Jan 11, 2023	referred to finance

co-Sponsors

2023-S1390 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §18-a, Exec L; amd §5-106, El L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9142
2019-2020: S1837
2021-2022: S1540

2023-S1390 (ACTIVE) - Summary

Prohibits sex offenders who are on parole and in civil confinement from voting in certain elections.

2023-S1390 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1390

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the executive law and the election law, in relation to
prohibiting sex offenders who are on parole and in civil confinement
from voting in certain elections

 
PURPOSE OF THE BILL:

To prohibit sex offenders who are on parole and in civil confinement
from voting in certain elections

 
SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding a new section 18-a to
read as follows:

§ 18-a. Restriction on voting rights. A person who has been convicted of
an offense described in article one hundred thirty of the penal law who
has been: (i) discharged from imprisonment, by virtue of any parole,

conditional pardon or conditional commutation of his or her sentence;
and (ii) is committed to civil imprisonment in a hospital or institution
shall be prohibited from voting in any election held during the time of
his or her confinement to such hospital or institution.

Section 2. Amends Section 5-106 of the election law by adding a new
subdivision 4a with provisions similar to amendments in the executive
law in section one of this legislation.

Section 3. establishes the effective date.

 
JUSTIFICATION:

While as a society we can be compassionate for people who have made
mistakes, done their time and are trying to turn their lives around;
first and foremost, we need justice and compassion for crime victims.

Those who have inflicted both the physical and psychological harm asso-
ciated with sexual assault to innocent civilians within our represen-
tative democracy and deemed to be a danger if they return to society
should not have a say on how those civilians are governed.  This bill
prohibits such individuals from casting a ballot in New York State.

 
PRIOR LEGISLATIVE HISTORY:

07/27/18: S.9142 REFERRED TO RULES

01/16/19: S.1837 REFERRED TO FINANCE

01/08/20: S.1837 REFERREDTO FINANCE

01/12/21: S.1540 REFERREDTO FINANCE

01/05/22: S.1540 REFERREDTO FINANCE

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such date.

2023-S1390 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1390
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  HELMING, ORTT -- read twice and ordered
   printed, and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law and the election law, in  relation  to
   prohibiting  sex  offenders who are on parole and in civil confinement
   from voting in certain elections

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new section 18-a
 to read as follows:
   § 18-A. RESTRICTION ON VOTING RIGHTS. A PERSON WHO HAS BEEN  CONVICTED
 OF  AN  OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW
 WHO HAS BEEN: (I) DISCHARGED FROM IMPRISONMENT, BY VIRTUE OF ANY PAROLE,
 CONDITIONAL PARDON OR CONDITIONAL COMMUTATION OF HIS  OR  HER  SENTENCE;
 AND (II) IS COMMITTED TO CIVIL IMPRISONMENT IN A HOSPITAL OR INSTITUTION
 SHALL  BE PROHIBITED FROM VOTING IN ANY ELECTION HELD DURING THE TIME OF
 HIS OR HER CONFINEMENT TO SUCH HOSPITAL OR INSTITUTION.
   § 2. Section 5-106 of the election law is  amended  by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.  NOTWITHSTANDING  THE  PROVISIONS  OF SUBDIVISIONS TWO, THREE AND
 FOUR OF THIS SECTION, A PERSON WHO HAS  BEEN  CONVICTED  OF  AN  OFFENSE
 DESCRIBED  IN  ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHO HAS BEEN:
 (I) DISCHARGED FROM IMPRISONMENT, BY VIRTUE OF ANY  PAROLE,  CONDITIONAL
 PARDON  OR  CONDITIONAL  COMMUTATION OF HIS OR HER SENTENCE; AND (II) IS
 COMMITTED TO CIVIL IMPRISONMENT IN A HOSPITAL OR  INSTITUTION  SHALL  BE
 PROHIBITED  FROM  VOTING  IN ANY ELECTION HELD DURING THE TIME OF HIS OR
 HER CONFINEMENT TO SUCH HOSPITAL OR INSTITUTION.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become a law. Effective immediately the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04770-01-3

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Senate Bill S1390

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Sponsored By

James Tedisco