Bill Text: NY S00090 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits persons from holding civil office when convicted of certain felonies.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-07-06 - PRINT NUMBER 90B [S00090 Detail]

Download: New_York-2019-S00090-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          90--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced by Sens. KAMINSKY, KENNEDY -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government  Operations  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          recommitted to the Committee on Investigations  and  Government  Oper-
          ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  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
          persons from holding civil office when convicted of certain felonies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1-a of section 3 of the public officers law, as
     2  added by section 31-b of subpart A of part H of chapter 55 of  the  laws
     3  of 2014, is amended to read as follows:
     4    1-a.  (i)  No  person  shall  be capable of holding a civil office who
     5  shall stand convicted of a felony defined in article two hundred or four
     6  hundred ninety-six or section 195.20 of the  penal  law,  or  a  felony,
     7  committed  through  the  use  of  or in connection with his or her civil
     8  office, defined in article two hundred fifteen of the penal law or chap-
     9  ter 11, 19, 31 or 63 of title 18 of the United States Code, or shall  be
    10  capable of holding civil office, for a period of ten years following the
    11  completion of sentence, for a felony, committed through the use of or in
    12  connection with his or her civil office, under chapter 47 of title 18 of
    13  the United States Code.
    14    (ii)  Any  individual who stands convicted of a misdemeanor defined in
    15  article two hundred, article four hundred ninety-six or  section  195.00
    16  of  the  penal  law may not hold civil office for a period of five years
    17  [from the date of conviction]  following  the  completion  of  sentence,
    18  provided  that  in  the  event  such  conviction is the result of a plea

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03468-07-0
        S. 90--B                            2

     1  agreement resulting in a plea to such  charge  in  lieu  of  a  plea  or
     2  conviction of a felony defined in section 195.20, article two hundred or
     3  article  four  hundred  ninety-six of the penal law, all parties to such
     4  agreement  may  agree that the period of such bar may be for a period of
     5  up to ten years [from the date of conviction] following  the  completion
     6  of sentence.
     7    (iii)  The  granting  of  a certificate of relief from disabilities or
     8  certificate of good conduct, pursuant to  article  twenty-three  of  the
     9  correction law, shall not affect the disqualifications set forth in this
    10  subdivision.
    11    §  2.  If  any part or provision of this act is adjudged by a court of
    12  competent jurisdiction to be unconstitutional or otherwise invalid, such
    13  judgment shall not affect or impair any other part or provision of  this
    14  act, but shall be confined in its operation to such part or provision.
    15    §  3.  This  act  shall  take  effect  immediately  and shall apply to
    16  convictions entered before, on or after such date.