S T A T E O F N E W Y O R K
________________________________________________________________________
210
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to criminal penalties for
election misconduct
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 14-126 of the election law, as
amended by chapter 8 of the laws of 1978 and as redesignated by chapter
9 of the laws of 1978, is amended to read as follows:
2. Any person who knowingly and willfully fails to file a statement
required to be filed by this article within ten days after the date
provided for filing such statement [or] AND, EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION, any person who knowingly and willfully
violates any other provision of this article shall be guilty of a misde-
meanor.
S 2. Section 17-166 of the election law is amended to read as follows:
S 17-166. Penalty. [Any person convicted of a misdemeanor under this
article shall for a first offense be punished by imprisonment for not
more than one year, or by a fine of not less than one hundred dollars
nor more than five hundred dollars, or by both such fine and imprison-
ment.] ALL MISDEMEANORS UNDER THIS ARTICLE SHALL BE CLASS A MISDEMEANORS
AND ALL FELONIES UNDER THIS ARTICLE SHALL BE CLASS E FELONIES WITHIN THE
MEANING OF SECTION 55.10 OF THE PENAL LAW. Any person who, having been
convicted of a [misdemeanor] CRIME under this article, shall thereafter
be convicted of another misdemeanor under this article, shall be guilty
of a felony.
S 3. This act shall take effect immediately provided, however, that
section two of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03113-01-9