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

                                  6727

                            I N  S E N A T E

                            February 1, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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

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

                                                           LBD15633-04-0

S. 6727                             2

appointing  authority  upon  reversal or the vacating of such conviction
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.