Bill Text: NY A04433 | 2023-2024 | General Assembly | Introduced
Bill Title: Includes attempting to register as an elector knowing that he or she is not qualified due to lack of U.S. citizenship.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Introduced) 2024-01-03 - referred to election law [A04433 Detail]
Download: New_York-2023-A04433-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4433 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. DURSO -- read once and referred to the Committee on Election Law AN ACT to amend the election law and the criminal procedure law, in relation to including attempting to register as an elector knowing that he or she is not qualified due to lack of U.S. citizenship The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 17-104 of the election law is amended to read as 2 follows: 3 § 17-104. False registration. Any person who: 4 1. Registers or attempts to register as an elector in more than one 5 election district for the same election, or more than once in the same 6 election district; or[,] 7 2. Registers or attempts to register as an elector, knowing that he or 8 she will not be a qualified voter in the district at the election for 9 which such registration is made; or 10 3. Registers or attempts to register as an elector, when he or she is 11 not qualified due to lack of U.S. citizenship; or 12 4. Registers or attempts to register as an elector under any name but 13 his or her own; or 14 [4.] 5. Knowingly gives a false residence within the election district 15 when registering as an elector; or 16 [5.] 6. Knowingly permits, aids, assists, abets, procures, commands or 17 advises another to commit any such act, is guilty of a class E felony. 18 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 19 criminal procedure law, paragraph (t) as amended and paragraph (u) as 20 added by section 2 of subpart B of part UU of chapter 56 of the laws of 21 2022, are amended and a new paragraph (v) is added to read as follows: 22 (t) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, or any charge of criminal possession of a 24 firearm as defined in section 265.01-b of the penal law, where such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03875-01-3A. 4433 2 1 charge arose from conduct occurring while the defendant was released on 2 his or her own recognizance, released under conditions, or had yet to be 3 arraigned after the issuance of a desk appearance ticket for a separate 4 felony or class A misdemeanor involving harm to an identifiable person 5 or property, or any charge of criminal possession of a firearm as 6 defined in section 265.01-b of the penal law, provided, however, that 7 the prosecutor must show reasonable cause to believe that the defendant 8 committed the instant crime and any underlying crime. For the purposes 9 of this subparagraph, any of the underlying crimes need not be a quali- 10 fying offense as defined in this subdivision. For the purposes of this 11 paragraph, "harm to an identifiable person or property" shall include 12 but not be limited to theft of or damage to property. However, based 13 upon a review of the facts alleged in the accusatory instrument, if the 14 court determines that such theft is negligible and does not appear to be 15 in furtherance of other criminal activity, the principal shall be 16 released on his or her own recognizance or under appropriate non-mone- 17 tary conditions; [or] 18 (u) criminal possession of a weapon in the third degree as defined in 19 subdivision three of section 265.02 of the penal law or criminal sale of 20 a firearm to a minor as defined in section 265.16 of the penal law[.]; 21 or 22 (v) a violation of subdivision three of section 17-104 of the election 23 law. 24 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 25 section 530.20 of the criminal procedure law, subparagraph (xx) as 26 amended and subparagraph (xxi) as added by section 4 of subpart C of 27 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 28 agraph (xxii) is added to read as follows: 29 (xx) any felony or class A misdemeanor involving harm to an identifi- 30 able person or property, or any charge of criminal possession of a 31 firearm as defined in section 265.01-b of the penal law where such 32 charge arose from conduct occurring while the defendant was released on 33 his or her own recognizance, released under conditions, or had yet to be 34 arraigned after the issuance of a desk appearance ticket for a separate 35 felony or class A misdemeanor involving harm to an identifiable person 36 or property, provided, however, that the prosecutor must show reasonable 37 cause to believe that the defendant committed the instant crime and any 38 underlying crime. For the purposes of this subparagraph, any of the 39 underlying crimes need not be a qualifying offense as defined in this 40 subdivision. For the purposes of this paragraph, "harm to an identifi- 41 able person or property" shall include but not be limited to theft of or 42 damage to property. However, based upon a review of the facts alleged in 43 the accusatory instrument, if the court determines that such theft is 44 negligible and does not appear to be in furtherance of other criminal 45 activity, the principal shall be released on his or her own recognizance 46 or under appropriate non-monetary conditions; [or] 47 (xxi) criminal possession of a weapon in the third degree as defined 48 in subdivision three of section 265.02 of the penal law or criminal sale 49 of a firearm to a minor as defined in section 265.16 of the penal 50 law[.]; or 51 (xxii) a violation of subdivision three of section 17-104 of the 52 election law. 53 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 54 criminal procedure law, paragraph (t) as amended and paragraph (u) as 55 added by section 4 of subpart B part UU of chapter 56 of the laws of 56 2022, are amended and a new paragraph (v) is added to read as follows:A. 4433 3 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 his or her own recognizance, released under conditions, or had yet to be 6 arraigned after the issuance of a desk appearance ticket for a separate 7 felony or class A misdemeanor involving harm to an identifiable person 8 or property, or any charge of criminal possession of a firearm as 9 defined in section 265.01-b of the penal law, provided, however, that 10 the prosecutor must show reasonable cause to believe that the defendant 11 committed the instant crime and any underlying crime. For the purposes 12 of this subparagraph, any of the underlying crimes need not be a quali- 13 fying offense as defined in this subdivision. For the purposes of this 14 paragraph, "harm to an identifiable person or property" shall include 15 but not be limited to theft of or damage to property. However, based 16 upon a review of the facts alleged in the accusatory instrument, if the 17 court determines that such theft is negligible and does not appear to be 18 in furtherance of other criminal activity, the principal shall be 19 released on his or her own recognizance or under appropriate non-mone- 20 tary conditions; [or] 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law[.]; 24 or 25 (v) a violation of subdivision three of section 17-104 of the election 26 law. 27 § 5. This act shall take effect immediately.
