NY State Senate Bill 2023-S5965A

Senate Bill S5965A

Signed By Governor

2023-2024 Legislative Session

Relates to providing notice of voting rights to persons released from local jails

download bill text pdf

Current Bill Status Via A4009 - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 20, 2023	signed chap.473
Sep 19, 2023	delivered to governor
Jun 10, 2023	returned to assembly passed senate
Jun 09, 2023	3rd reading cal.1225 substituted for s5965a
Jun 09, 2023	substituted by a4009a
Jun 05, 2023	amended on third reading 5965a
May 30, 2023	advanced to third reading
May 24, 2023	2nd report cal.
May 23, 2023	1st report cal.1225
Mar 23, 2023	referred to crime victims, crime and correction

Votes

- Jun 9, 2023 - Floor Vote
  A4009
  
  41
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (21)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weber
      
      Weik
      
      excused (1)
      
      Felder
      
      The following Member(s) participated via videoconferencing: Cooney
  May 22, 2023 - Crime Victims, Crime And Correction Committee Vote
  S5965A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 22, 2023
      
      aye (5)
      
      Bailey
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda
      
      aye wr (2)
      
      Gallivan
      
      Rolison

Bill Amendments

Original

A (Active)

2023-S5965 - Details

See Assembly Version of this Bill:: A4009
Law Section:: Correction Law
Laws Affected:: Amd §510, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8937, A7674
2019-2020: S2160, A5321
2021-2022: S1796, A690

2023-S5965 - Summary

Relates to providing notice of voting rights to persons released from local jails.

2023-S5965 - Sponsor Memo

                                 
BILL NUMBER: S5965

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to providing notice of
voting rights to persons released from local jails

 
PURPOSE OR GENERAL IDEA:

The purpose of this bill is to mandate that those released from local
jails be given notice of their right to vote.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the relevant provision of the correction
law to require that a person discharged from a local correctional facil-
ity be notified of their right to vote. The bill would also require that
the person receive an application for voter registration, as well as
other related materials that would facilitate the registration process.
Section two of the bill sets forth the effective date.

 
JUSTIFICATION:

Many people, including state and local officials, are confused as to
whether a person who has been through the criminal justice system has
lost the right to vote and, if so, when he or she regains their voting
rights. Simply put, anyone who is not incarcerated for a felony
conviction or on parole for a felony conviction retains the right to
vote. People arrested have not lost the right to vote.  Persons detained
in jails pre-trial have not lost the right to vote and can even vote by
absentee ballot while they are in jail. Persons convicted of misdemea-
nors never lose their right to vote, whether they are in jail, on
probation, or have completed their supervision.  In fact, anyone on
probation is eligible to vote. Even felons who have completed their
parole supervision are eligible to vote. It is only persons incarcerated
for a felony or on parole for the conviction of a felony who have lost
their right to vote. This bill would require local correctional facili-
ties to provide notice of voting rights to persons being released so
that such persons will know whether and when they are eligible to vote,
how to register to vote, and have information about the mechanics and
importance of voting.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5965 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5965
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to amend the correction law, in relation to providing notice of
   voting rights to persons released from local jails

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 510 of the correction law, as added by chapter 103
 of the laws of 2021, is amended to read as follows:
   § 510. Voting upon release. 1. Prior  to  the  release  from  a  local
 correctional  facility  of  any  person  convicted of a felony the chief
 administrative officer shall notify such person verbally and in  writing
 that  his or her voting rights will be restored upon release and provide
 such person with a form of application  for  voter  registration  and  a
 declination form, offer such person assistance in filling out the appro-
 priate  form, and provide such person written information distributed by
 the board of elections on the importance and the  mechanics  of  voting.
 Upon  release,  such  person  may  choose  to  either  submit his or her
 completed application to the state board  or  county  board  where  such
 person  resides or have the department transmit it on his or her behalf.
 Where such person chooses to have the department transmit  the  applica-
 tion,  the  chief  administrative  officer  shall transmit the completed
 application upon such person's release to  the  state  board  or  county
 board where such person resides.
   2.  UPON  DISCHARGE  FROM  A LOCAL CORRECTIONAL FACILITY OF ANY PERSON
 EIGHTEEN YEARS OF AGE OR OVER, THE CHIEF  ADMINISTRATIVE  OFFICER  SHALL
 NOTIFY  SUCH  PERSON OF HIS OR HER RIGHT TO VOTE AND PROVIDE SUCH PERSON
 WITH A FORM OF APPLICATION FOR VOTER REGISTRATION TOGETHER WITH  WRITTEN
 INFORMATION  DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND
 THE MECHANICS OF VOTING.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02488-01-3

2023-S5965A (ACTIVE) - Details

See Assembly Version of this Bill:: A4009
Law Section:: Correction Law
Laws Affected:: Amd §510, Cor L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8937, A7674
2019-2020: S2160, A5321
2021-2022: S1796, A690

2023-S5965A (ACTIVE) - Summary

Relates to providing notice of voting rights to persons released from local jails.

2023-S5965A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5965A

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the correction law, in relation to providing notice of
voting rights to persons released from local jails

 
PURPOSE OR GENERAL IDEA:

The purpose of this bill is to mandate that those released from local
jails be given notice of their right to vote.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends the relevant provision of the correction
law to require that a person discharged from a local correctional facil-
ity be notified of their right to vote. The bill would also require that
the person receive an application for voter registration, as well as
other related materials that would facilitate the registration process.

Section two of the bill sets forth the effective date.

 
JUSTIFICATION:

Many people, including state and local officials, are confused as to
whether a person who has been through the criminal justice system has
lost the right to vote and, if so, when he or she regains their voting
rights. Simply put, anyone who is not incarcerated for a felony
conviction or on parole for a felony conviction retains the right to
vote. People arrested have not lost the right to vote.  Persons detained
in jails pre-trial have not lost the right to vote and can even vote by
absentee ballot while they are in jail. Persons convicted of misdemea-
nors never lose their right to vote, whether they are in jail, on
probation, or have completed their supervision.  In fact, anyone on
probation is eligible to vote. Even felons who have completed their
parole supervision are eligible to vote. It is only persons incarcerated
for a felony or individuals who are re-incarcerated on a parole
violation who are not able to vote. This bill would require local
correctional facilities to provide notice of voting rights to persons
being released so that such persons will know whether and when they are
eligible to vote, how to register to vote, and have information about
the mechanics and importance of voting.

The bill also includes certain exceptions to the notice requirement.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S5965A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5965--A
     Cal. No. 1225
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- reported favorably from said committee, ordered to first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the correction law, in relation to providing  notice  of
   voting rights to persons released from local jails
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 510 of the correction law, as added by chapter  103
 of the laws of 2021, is amended to read as follows:
   §  510.  Voting  upon  release.  1.  Prior to the release from a local
 correctional facility of any person convicted  of  a  felony  the  chief
 administrative  officer shall notify such person verbally and in writing
 that his or her voting rights will be restored upon release and  provide
 such  person  with  a  form  of application for voter registration and a
 declination form, offer such person assistance in filling out the appro-
 priate form, and provide such person written information distributed  by
 the  board  of  elections on the importance and the mechanics of voting.
 Upon release, such person  may  choose  to  either  submit  his  or  her
 completed  application  to  the  state  board or county board where such
 person resides or have the department transmit it on his or her  behalf.
 Where  such  person chooses to have the department transmit the applica-
 tion, the chief administrative  officer  shall  transmit  the  completed
 application  upon  such  person's  release  to the state board or county
 board where such person resides.
   2. UPON DISCHARGE OR RELEASE FROM THE CUSTODY OF A LOCAL  CORRECTIONAL
 FACILITY,  THE  CHIEF  ADMINISTRATIVE OFFICER OF SUCH FACILITY SHALL, IN
 CONSULTATION WITH THE COUNTY BOARD OF  ELECTIONS,  DISTRIBUTE  TO  EVERY
 PERSON  EIGHTEEN  YEARS  OF  AGE OR OLDER A WRITTEN NOTICE ON THE VOTING
 RIGHTS OF SUCH PERSON IN THE STATE OF NEW YORK, INCLUDING INFORMATION ON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02488-06-3
 S. 5965--A                          2
 
 THE IMPORTANCE AND MECHANICS OF VOTING,  WHEN  SUCH  PERSON  IS  OR  MAY
 BECOME  ELIGIBLE  TO VOTE, AND OFFER TO EVERY SUCH PERSON A VOTER REGIS-
 TRATION FORM; PROVIDED THAT, IF AN INDIVIDUAL DECLINES TO ACCEPT A VOTER
 REGISTRATION  FORM,  THE  CHIEF  ADMINISTRATIVE OFFICER SHALL MAINTAIN A
 WRITTEN RECORD OF SUCH DECLINATION. NOTICE IS  NOT  REQUIRED  FOR  THOSE
 INDIVIDUALS  BEING TRANSFERRED TO A DIFFERENT LOCAL CORRECTIONAL FACILI-
 TY, INDIVIDUALS BEING TRANSFERRED OR RELEASED TO THE CUSTODY OF A  STATE
 CORRECTIONAL  FACILITY  OR INSTITUTION, OR INDIVIDUALS BEING RELEASED TO
 THE CUSTODY OF A HOSPITAL OR MENTAL HEALTH INSTITUTION FOR TREATMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.