Bill Text: NY A03225 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the withholding of salaries of elected officials who have been indicted on charges of any crimes related to their public office.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A03225 Detail]

Download: New_York-2019-A03225-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3225
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the public officers law and the criminal procedure  law,
          in  relation  to  the withholding of salaries of elected officials who
          have been indicted on charges of any crimes related  to  their  public
          office
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 8 of the public  officers  law,  as  renumbered  by
     2  chapter 511 of the laws of 1976, is renumbered article 9 and a new arti-
     3  cle 8 is added to read as follows:
     4                                  ARTICLE 8
     5                   WITHHOLDING SALARY OF ELECTED OFFICIALS
     6  Section 112. Definitions.
     7          113. Terms and conditions.
     8          114. Withholding of salary payments.
     9    § 112. Definitions. As used in this article:
    10    1.  "Elected officials" means every officer who is elected by electors
    11  of the state or officer who is elected by a political party.
    12    2. "Crimes related to public office" means any of the following crimi-
    13  nal offenses whether committed in this state or in any  other  jurisdic-
    14  tion  by an elected official through the use of his or her public office
    15  or by the individual representing that he or she  was  acting  with  the
    16  authority of any governmental entity, and acting as an elected official:
    17    a.  a  felony  for  committing, aiding or abetting a larceny of public
    18  funds from the state or a municipality;
    19    b. a felony committed in direct connection with service as an  elected
    20  official; or
    21    c.  a felony committed by such person who, with the intent to defraud,
    22  realizes or obtains, or attempts to realize or obtain, a profit, gain or
    23  advantage for himself or herself or for some other person,  through  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02231-01-9
        A. 3225                             2
     1  use  or  attempted use of the power, rights, privileges or duties of his
     2  or her position as an elected official.
     3    §  113.  Terms  and  conditions.  Notwithstanding any other law to the
     4  contrary, it shall be a term and condition  of  holding  public  elected
     5  office  in  the  state  of  New  York that all elected officials' salary
     6  payments are subject to the provisions of this article.
     7    § 114. Withholding of salary payments. 1. a. Upon notification  of  an
     8  indictment pursuant to section 190.95 of the criminal procedure law, the
     9  public employer of an elected official, who has been indicted on charges
    10  of  any  crimes  related  to  their  public  office, shall withhold such
    11  elected official's salary  payments.  If  such  elected  official  seeks
    12  another  public office or another public employment position while under
    13  indictment, it shall be the burden of the  elected  official  to  notify
    14  their  new public employer of their indictment. This section shall apply
    15  for all salary payments while employed as an elected official,  official
    16  or employee of the state or local government.
    17    b.  A public employer shall notify the elected official of such salary
    18  payment withholding and provide them with a copy of notification of  the
    19  indictment pursuant to section 190.95 of the criminal procedure law.
    20    2.  Upon  notification, the public employer or employers of an elected
    21  official facing charges of crimes related to their  public  office  that
    22  has  had such charges dismissed, acquitted or have been found not guilty
    23  by trial jury, shall promptly pay the withheld salary  payments  to  the
    24  elected official within sixty days.
    25    3.  Upon  a  plea  of  guilty,  or by conviction after trial to crimes
    26  related to public office of an elected  official,  the  withheld  salary
    27  payments shall not be paid and returned. Such withheld payments shall be
    28  deposited into the public employer's general fund.
    29    4.  A  public  employer  shall  provide  the  elected  official with a
    30  detailed accounting  of  the  withheld  salary  payments  following  the
    31  conclusion of an indictment pursuant to subdivision two or three of this
    32  section.
    33    §  2.  The  criminal  procedure law is amended by adding a new section
    34  190.95 to read as follows:
    35  § 190.95 Grand jury; notification of indictment in certain cases.
    36    Upon the indictment of an elected official on crimes related to public
    37  office, as defined in section one hundred twelve of the public  officers
    38  law,  the  grand  jury  shall direct the district attorney to notify the
    39  elected official's public  employer  of  the  indictment.  The  district
    40  attorney  shall  notify  the  public  employer no later than thirty days
    41  following the indictment.
    42    § 3. The criminal procedure law is amended by  adding  a  new  section
    43  220.52 to read as follows:
    44  § 220.52 Notice of entry of guilty plea involving an elected official.
    45    The  court  shall notify the public employer or employers of a defend-
    46  ant, who is facing crimes related to their public office as  an  elected
    47  official as defined in section one hundred twelve of the public officers
    48  law,  that  has entered a guilty plea to a count or counts of an indict-
    49  ment of a crime that was related to their public office. The court shall
    50  notify such defendant's public employer or employers of the entry  of  a
    51  guilty plea within thirty days.
    52    §  4.  The  criminal  procedure law is amended by adding a new section
    53  310.90 to read as follows:
    54  § 310.90 Verdict; notification in certain cases.
    55    The verdict of the jury involving a defendant, who at the time of  the
    56  criminal  act  in  question  was an elected official and the crimes were
        A. 3225                             3
     1  related to their public office, shall be transmitted by the court to the
     2  defendant's public employer or employers within thirty days.
     3    § 5. Section 290.10 of the criminal procedure law is amended by adding
     4  a new subdivision 5 to read as follows:
     5    5. Upon issuing a trial order of dismissal for a defendant, who at the
     6  time of the criminal act or acts in question was an elected official and
     7  the  crimes  were  related  to  their public office, which dismisses all
     8  counts of the indictment which are related  to  the  defendant's  public
     9  office,  the  court  shall notify the defendant's public employer within
    10  thirty days.
    11    § 6. This act shall take effect on the first of January next  succeed-
    12  ing the date on which it shall have become a law.