senate Bill S1498

2011-2012 Legislative Session

Prohibits candidates for public office to be voted upon in an election district from being a poll watcher in such district

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Jan 07, 2011 referred to elections

S1498 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd ยง8-500, El L
Versions Introduced in 2009-2010 Legislative Session:
S295

S1498 - Bill Texts

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Prohibits candidates for public office to be voted upon in an election district from being a poll watcher in such district; also prohibits the spouse, parent or child of such candidate from so serving.

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BILL NUMBER:S1498

TITLE OF BILL:
An act
to amend the penal law, in relation to criminally negligent homicide

SUMMARY OF PROVISIONS: Section 125.10 of the penal
law is amended to
increase the crime of criminally negligent homicide from a class E
felony offense to a class D felony offense.

JUSTIFICATION: Judges have expressed the view, during
sentencing and
after, that the sentence which could be imposed under the limits of
the criminally negligent homicide statute, often do not fit the
seriousness of the crime committed.

First degree manslaughter is a class B felony and second degree
manslaughter is a class C felony. Logically, the next successive or
immediate lesser offense of criminally negligent homicide should be a
class D felony. However, under current State penal law, criminally
negligent homicide is actually a class E felony.

Unfortunately, the discrepancy in the classification of these crimes
was all too recently illustrated in the tragic death of a police
officer, who died in May of 1996 as a result of injuries sustained
while responding to a domestic dispute. During the course of a
struggle, the officer fell and was cut by a piece of glass from a
mirror which the defendant had allegedly thrown at his wife. The
officer subsequently died as result of a severed artery.

The Grand Jury indicted the defendant on charges of criminally
negligent homicide, assault in the second degree, attempted assault
in the second degree, reckless endangerment and resisting arrest. In
this case the statutory discrepancy subjected the defendant to
harsher treatment for injuring the officer (assault in the second
degree, a maximum of seven years in prison) than for causing the
death of the officer (criminally negligent homicide, a maximum
sentence of four years in prison).

Obviously, this case and others like it are a complete travesty.
Accordingly, this bill will amend current law to make the crime of
criminally negligent homicide more compatible with the seriousness of
the offense committed.

LEGISLATIVE HISTORY: Passed Senate: 1995-2008: Senate
Codes Committee:
2009-10: Passed Senate: 2011-12

FISCAL IMPLICATIONS: None,

EFFECTIVE DATE: This act shall take effect on the
first day of January
next succeeding the date on which it shall have become law.

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

                                  1498

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- 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 qualifications for poll
  watchers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  8-500 of the election law is amended by adding a
new subdivision 5 to read as follows:
  5. NO PERSON SHALL BE APPOINTED, CERTIFIED OR ACT AS A WATCHER WHO  IS
A  CANDIDATE  FOR ANY PUBLIC OFFICE TO BE VOTED FOR BY THE VOTERS OF THE
ELECTION DISTRICT IN WHICH HE OR SHE IS TO SERVE, OR THE SPOUSE,  PARENT
OR  CHILD  OF  SUCH  A  CANDIDATE.   PROVIDED, THAT NO PROVISION OF THIS
SUBDIVISION SHALL BE DEEMED TO PROHIBIT A CANDIDATE FOR  PUBLIC  OFFICE,
OR  HIS  OR  HER  SPOUSE,  PARENT OR CHILD, FROM BEING PRESENT AT A POLL
PLACE AFTER THE POLLS HAVE CLOSED FOR THE  PURPOSE  OF  DETERMINING  THE
ELECTION RESULTS FOR THE ELECTION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02058-01-1

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