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Assembly Bill A8213

2021-2022 Legislative Session

Prohibits persons from holding an elected civil office if convicted of a state or federal felony

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Archive: Last Bill Status - In Assembly Committee

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2021-A8213 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §§3 & 3-a, Pub Off L

2021-A8213 (ACTIVE) - Summary

Prohibits persons from holding an elected civil office if convicted of a state or federal felony while holding such civil office.

2021-A8213 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8213
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the  public officers law, in relation to prohibiting
   persons from holding an elected civil office if convicted of  a  state
   or federal felony
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (i) of subdivision 1-a of section 3 of the public
 officers law, as added by section 31-b of subpart A of part H of chapter
 55 of the laws of 2014, is amended to read as follows:
   (i) No person shall be capable of holding a  civil  office  who  shall
 stand  convicted  of  a  STATE OR FEDERAL felony [defined in article two
 hundred or four hundred ninety-six or section 195.20 of the  penal  law]
 WHILE  HOLDING SUCH CIVIL OFFICE, PROVIDED, HOWEVER, THAT THIS PARAGRAPH
 SHALL ONLY APPLY TO A PERSON ELECTED TO A CIVIL OFFICE.
   § 2. Section 3-a of the public officers law, as added by  chapter  513
 of the laws of 1948, is amended to read as follows:
   § 3-a. Restrictions  upon  holding  public  office  or  employment  of
 persons removed from office for certain reasons.    Any  public  officer
 who,  upon  being  called  before a grand jury to testify concerning the
 conduct of his OR HER office or the performance of his OR  HER  official
 duties, refuses to sign a waiver of immunity against subsequent criminal
 prosecution,  or to answer any relevant question concerning such matters
 before such grand jury and who, by virtue thereof, has been removed from
 such public office by the appropriate authority  or  who  has  forfeited
 such  office at the suit of the attorney general shall not be capable of
 holding a civil office or public employment [for a period of five  years
 from the date of the removal from or forfeit of such public office].
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10956-03-1

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