Senate Bill S6302

2009-2010 Legislative Session

Removes public officials from office who are convicted of certain misdemeanor offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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2009-S6302 (ACTIVE) - Details

See Assembly Version of this Bill:
A9472
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4205, A1690
2013-2014: S2525, A125

2009-S6302 (ACTIVE) - Summary

Removes public officials from office who are convicted of certain misdemeanor offenses.

2009-S6302 (ACTIVE) - Sponsor Memo

2009-S6302 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6302

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 18, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public officers law, in relation to removing  public
  officials  from  office  who  are  convicted  of  certain  misdemeanor
  offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 30 of the public officers law, as
amended by chapter 209 of the laws of 1954, paragraph e  as  amended  by
chapter  454  of  the laws of 1987 and paragraph f as amended by chapter
550 of the laws of 1978, is amended to read as follows:
  1. Every office shall be vacant upon  the  happening  of  one  of  the
following events before the expiration of the term thereof:
  a. The death of the incumbent;
  b. His OR HER resignation;
  c. His OR HER removal from office;
  d.  His  OR  HER ceasing to be an inhabitant of the state, or if he OR
SHE be a local officer,  of  the  political  subdivision,  or  municipal
corporation of which he OR SHE is required to be a resident when chosen;
  e. His OR HER conviction of a felony, OR A MISDEMEANOR OFFENSE AGAINST
ANOTHER  PERSON  INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT OR
INTIMIDATION, or a crime involving a violation of his  OR  HER  oath  of
office,  provided,  however,  that  a non-elected official may apply for
reinstatement to the appointing authority upon reversal or the  vacating
of such conviction where the conviction is the sole basis for the vacan-
cy.  After  receipt  of such application, the appointing authority shall
afford such applicant a hearing to determine  whether  reinstatement  is
warranted. The record of the hearing shall include the final judgment of
the court which reversed or vacated such conviction and may also include
the entire employment history of the applicant and any other submissions
which  may  form  the  basis  of  the  grant  or denial of reinstatement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14924-02-9
              

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