Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Feb 23, 2010 |
referred to governmental operations |
Assembly Bill A9990
2009-2010 Legislative Session
Sponsored By
RIVERA P
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Michael DenDekker
2009-A9990 (ACTIVE) - Details
2009-A9990 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9990 TITLE OF BILL: An act to amend the public officers law and the legisla- tive 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 SUMMARY OF PROVISIONS:; Section 1. Amends paragraph e of subdivision 1 of section 30 of the public officers law (PBO) to provide for the auto- matic expulsion of a public officer upon conviction of egregious Class A misdemeanors codified in the New York State Penal Code §120,00 (assault in the third degree); § 130.20 (sexual misconduct); § 130.60 (sexual abuse in the second degree); § 150.01. (arson in the fifth degree); §240.30 subparagraph 3 (aggravated harassment in the second degree involving physical contact); § 260.10 (endangering the welfare of a child); and § 260.25 (endangering the welfare of an incompetent or phys- ically disabled person); or a crime involving the violation of the oath of office as set forth in this paragraph; amends subdivision I of section 30 of the public officers law (PBO) to set forth the automatic expulsion of a public officer solely for actions he or she committed or engaged in after taking the oath of office: amends subdivision 1 of section 30 of the public officers law (PBO) to apply gender neutral language to all public officers. Section 2. Amends section 3 of the: legislative law (LEG) to give each house the authority to expel a respective member upon conviction of an
2009-A9990 (ACTIVE) - Bill Text download pdf
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.
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