Assembly Bill A9990

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

                                  9990

                          I N  A S S E M B L Y

                            February 23, 2010
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the public officers law  and  the  legislative  law,  in
  relation   to  the  automatic  expulsion  of  a  public  officer  upon
  conviction for an egregious class A misdemeanor committed after taking
  the oath to public office

  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 AFTER TAKING THE OATH OF OFFICE AND before the expira-
tion 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 COMMISSION OF A CRIME RESULTING IN conviction of a felo-
ny, ANY OF THE FOLLOWING EGREGIOUS CLASS A MISDEMEANORS, AS CODIFIED  IN
THE  PENAL LAW AS: (1) SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); (2)
SECTION 130.20 (SEXUAL MISCONDUCT); (3) SECTION 130.60 (SEXUAL ABUSE  IN
THE  SECOND DEGREE); (4) SECTION 150.01 (ARSON IN THE FIFTH DEGREE); (5)
SECTION 260.10 (ENDANGERING THE WELFARE OF A CHILD); (6) SECTION  260.25
(ENDANGERING  THE  WELFARE  OF  AN  INCOMPETENT  OR  PHYSICALLY DISABLED
PERSON); AND (7) SUBDIVISION THREE OF SECTION 240.30, RELATING TO AGGRA-
VATED HARASSMENT IN THE SECOND DEGREE INVOLVING SUCH PHYSICAL CONTACT AS
DESCRIBED IN SUCH SUBDIVISION, or a crime involving a violation  of  his
OR  HER  oath of office, AS SET FORTH ABOVE IN THIS PARAGRAPH, provided,
however, that a non-elected official may apply for reinstatement to  the
appointing  authority  upon  reversal or the vacating of such conviction

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

                                                           LBD15633-04-0

A. 9990                             2

where the conviction is the sole basis for the vacancy. 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 notwithstanding the
reversal or vacating of such conviction. Notwithstanding any law to  the
contrary,  after review of such record, the appointing authority may, in
its discretion, reappoint such non-elected official to his OR HER former
office, or a similar office if his OR HER former  office  is  no  longer
available.  In the event of such reinstatement, the appointing authority
may, in its discretion, award salary or compensation in full or in  part
for  the  period  from the date such office became vacant to the date of
reinstatement or any part thereof;
  f. The entry of a judgment or order of a court of competent  jurisdic-
tion declaring him OR HER to be incompetent;
  g.  The  judgment  of  a  court, declaring void his OR HER election or
appointment, or that his OR HER office is forfeited or vacant;
  h. His OR HER refusal or neglect to file his OR HER official  oath  or
undertaking,  if one is required, before or within thirty days after the
commencement of the term of office for which he OR SHE is chosen, if  an
elective  office,  or  if an appointive office, within thirty days after
notice of his OR HER  appointment,  or  within  thirty  days  after  the
commencement  of  such term; or to file a renewal undertaking within the
time required by law, or if no time be so specified, within thirty  days
after notice to him OR HER in pursuance of law, that such renewal under-
taking is required. The neglect or failure of any state or local officer
to  execute  and file his OR HER oath of office and official undertaking
within the time limited therefor by law, shall not create a  vacancy  in
the office if such officer was on active duty in the armed forces of the
United  States and absent from the county of his OR HER residence at the
time of his OR HER election or appointment, and shall take  his  OR  HER
oath of office and execute his OR HER official undertaking within thirty
days  after receipt of notice of his OR HER election or appointment, and
provided such oath of office and official undertaking  be  filed  within
ninety  days  following  the  date it has been taken and subscribed, any
inconsistent provision of law, general, special, or local to the contra-
ry, notwithstanding.
  S 2. Section 3 of the legislative law is amended to read as follows:
  S 3. Expulsion of members. Each house has the power to  expel  any  of
its members[, after the report of a committee to inquire into the charg-
es  against  him shall have been made] UPON CONVICTION OF A FELONY OR AN
EGREGIOUS CLASS A MISDEMEANOR, AS SUCH CRIMES ARE DESCRIBED IN PARAGRAPH
E OF SUBDIVISION ONE OF SECTION THIRTY OF THE PUBLIC OFFICERS LAW.
  S 3. This act shall take effect immediately.