S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10074
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 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:
 
   Section 1. Article 8 of the public  officers  law,  as  renumbered  by
 chapter 511 of the laws of 1976, is renumbered article 9 and a new arti-
 cle 8 is added to read as follows:
                                 ARTICLE 8
                  WITHHOLDING SALARY OF ELECTED OFFICIALS
 SECTION 112. DEFINITIONS.
         113. TERMS AND CONDITIONS.
         114. WITHHOLDING OF SALARY PAYMENTS.
   § 112. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "ELECTED OFFICIALS" MEANS EVERY OFFICER WHO IS ELECTED BY ELECTORS
 OF THE STATE OR OFFICER WHO IS ELECTED BY A POLITICAL PARTY.
   2. "CRIMES RELATED TO PUBLIC OFFICE" MEANS ANY OF THE FOLLOWING CRIMI-
 NAL OFFENSES WHETHER COMMITTED IN THIS STATE OR IN ANY  OTHER  JURISDIC-
 TION  BY AN ELECTED OFFICIAL THROUGH THE USE OF HIS OR HER PUBLIC OFFICE
 OR BY THE INDIVIDUAL REPRESENTING THAT HE OR SHE  WAS  ACTING  WITH  THE
 AUTHORITY OF ANY GOVERNMENTAL ENTITY, AND ACTING AS AN ELECTED OFFICIAL:
   A.  A  FELONY  FOR  COMMITTING, AIDING OR ABETTING A LARCENY OF PUBLIC
 FUNDS FROM THE STATE OR A MUNICIPALITY;
   B. A FELONY COMMITTED IN DIRECT CONNECTION WITH SERVICE AS AN  ELECTED
 OFFICIAL; OR
   C.  A FELONY COMMITTED BY SUCH PERSON WHO, WITH THE INTENT TO DEFRAUD,
 REALIZES OR OBTAINS, OR ATTEMPTS TO REALIZE OR OBTAIN, A PROFIT, GAIN OR
 ADVANTAGE FOR HIMSELF OR HERSELF OR FOR SOME OTHER PERSON,  THROUGH  THE
 USE  OR  ATTEMPTED USE OF THE POWER, RIGHTS, PRIVILEGES OR DUTIES OF HIS
 OR HER POSITION AS AN ELECTED OFFICIAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05505-01-1
              

 A. 10074                            2
 
   § 113. TERMS AND CONDITIONS. NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE
 CONTRARY,  IT  SHALL  BE  A TERM AND CONDITION OF HOLDING PUBLIC ELECTED
 OFFICE IN THE STATE OF NEW  YORK  THAT  ALL  ELECTED  OFFICIALS'  SALARY
 PAYMENTS ARE SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   §  114.  WITHHOLDING OF SALARY PAYMENTS. 1. A. UPON NOTIFICATION OF AN
 INDICTMENT PURSUANT TO SECTION 190.95 OF THE CRIMINAL PROCEDURE LAW, THE
 PUBLIC EMPLOYER OF AN ELECTED OFFICIAL, WHO HAS BEEN INDICTED ON CHARGES
 OF ANY CRIMES RELATED  TO  THEIR  PUBLIC  OFFICE,  SHALL  WITHHOLD  SUCH
 ELECTED  OFFICIAL'S  SALARY  PAYMENTS.  IF  SUCH  ELECTED OFFICIAL SEEKS
 ANOTHER PUBLIC OFFICE OR ANOTHER PUBLIC EMPLOYMENT POSITION WHILE  UNDER
 INDICTMENT,  IT  SHALL  BE  THE BURDEN OF THE ELECTED OFFICIAL TO NOTIFY
 THEIR NEW PUBLIC EMPLOYER OF THEIR INDICTMENT. THIS SECTION SHALL  APPLY
 FOR  ALL SALARY PAYMENTS WHILE EMPLOYED AS AN ELECTED OFFICIAL, OFFICIAL
 OR EMPLOYEE OF THE STATE OR LOCAL GOVERNMENT.
   B. A PUBLIC EMPLOYER SHALL NOTIFY THE ELECTED OFFICIAL OF SUCH  SALARY
 PAYMENT  WITHHOLDING AND PROVIDE THEM WITH A COPY OF NOTIFICATION OF THE
 INDICTMENT PURSUANT TO SECTION 190.95 OF THE CRIMINAL PROCEDURE LAW.
   2. UPON NOTIFICATION, THE PUBLIC EMPLOYER OR EMPLOYERS OF  AN  ELECTED
 OFFICIAL  FACING  CHARGES  OF CRIMES RELATED TO THEIR PUBLIC OFFICE THAT
 HAS HAD SUCH CHARGES DISMISSED, ACQUITTED OR HAVE BEEN FOUND NOT  GUILTY
 BY  TRIAL  JURY,  SHALL PROMPTLY PAY THE WITHHELD SALARY PAYMENTS TO THE
 ELECTED OFFICIAL WITHIN SIXTY DAYS.
   3. UPON A PLEA OF GUILTY, OR  BY  CONVICTION  AFTER  TRIAL  TO  CRIMES
 RELATED  TO  PUBLIC  OFFICE  OF AN ELECTED OFFICIAL, THE WITHHELD SALARY
 PAYMENTS SHALL NOT BE PAID AND RETURNED. SUCH WITHHELD PAYMENTS SHALL BE
 DEPOSITED INTO THE PUBLIC EMPLOYER'S GENERAL FUND.
   4. A PUBLIC  EMPLOYER  SHALL  PROVIDE  THE  ELECTED  OFFICIAL  WITH  A
 DETAILED  ACCOUNTING  OF  THE  WITHHELD  SALARY  PAYMENTS  FOLLOWING THE
 CONCLUSION OF AN INDICTMENT PURSUANT TO SUBDIVISION TWO OR THREE OF THIS
 SECTION.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 190.95 to read as follows:
 § 190.95 GRAND JURY; NOTIFICATION OF INDICTMENT IN CERTAIN CASES.
   UPON THE INDICTMENT OF AN ELECTED OFFICIAL ON CRIMES RELATED TO PUBLIC
 OFFICE,  AS DEFINED IN SECTION ONE HUNDRED TWELVE OF THE PUBLIC OFFICERS
 LAW, THE GRAND JURY SHALL DIRECT THE DISTRICT  ATTORNEY  TO  NOTIFY  THE
 ELECTED  OFFICIAL'S  PUBLIC  EMPLOYER  OF  THE  INDICTMENT. THE DISTRICT
 ATTORNEY SHALL NOTIFY THE PUBLIC EMPLOYER  NO  LATER  THAN  THIRTY  DAYS
 FOLLOWING THE INDICTMENT.
   §  3.  The  criminal  procedure law is amended by adding a new section
 220.52 to read as follows:
 § 220.52 NOTICE OF ENTRY OF GUILTY PLEA INVOLVING AN ELECTED OFFICIAL.
   THE COURT SHALL NOTIFY THE PUBLIC EMPLOYER OR EMPLOYERS OF  A  DEFEND-
 ANT,  WHO  IS FACING CRIMES RELATED TO THEIR PUBLIC OFFICE AS AN ELECTED
 OFFICIAL AS DEFINED IN SECTION ONE HUNDRED TWELVE OF THE PUBLIC OFFICERS
 LAW, THAT HAS ENTERED A GUILTY PLEA TO A COUNT OR COUNTS OF  AN  INDICT-
 MENT OF A CRIME THAT WAS RELATED TO THEIR PUBLIC OFFICE. THE COURT SHALL
 NOTIFY  SUCH  DEFENDANT'S PUBLIC EMPLOYER OR EMPLOYERS OF THE ENTRY OF A
 GUILTY PLEA WITHIN THIRTY DAYS.
   § 4. The criminal procedure law is amended by  adding  a  new  section
 310.90 to read as follows:
 § 310.90 VERDICT; NOTIFICATION IN CERTAIN CASES.
   THE  VERDICT OF THE JURY INVOLVING A DEFENDANT, WHO AT THE TIME OF THE
 CRIMINAL ACT IN QUESTION WAS AN ELECTED OFFICIAL  AND  THE  CRIMES  WERE
 RELATED TO THEIR PUBLIC OFFICE, SHALL BE TRANSMITTED BY THE COURT TO THE
 DEFENDANT'S PUBLIC EMPLOYER OR EMPLOYERS WITHIN THIRTY DAYS.
 A. 10074                            3
 
   § 5. Section 290.10 of the criminal procedure law is amended by adding
 a new subdivision 5 to read as follows:
   5. UPON ISSUING A TRIAL ORDER OF DISMISSAL FOR A DEFENDANT, WHO AT THE
 TIME OF THE CRIMINAL ACT OR ACTS IN QUESTION WAS AN ELECTED OFFICIAL AND
 THE  CRIMES  WERE  RELATED  TO  THEIR PUBLIC OFFICE, WHICH DISMISSES ALL
 COUNTS OF THE INDICTMENT WHICH ARE RELATED  TO  THE  DEFENDANT'S  PUBLIC
 OFFICE,  THE  COURT  SHALL NOTIFY THE DEFENDANT'S PUBLIC EMPLOYER WITHIN
 THIRTY DAYS.
   § 6. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.