Assembly Bill A5618

2015-2016 Legislative Session

Prohibits state reimbursement of campaign and political committees, legal defense fund for payments made on behalf of the criminal defense of a state employee

download bill text pdf

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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

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2015-A5618 (ACTIVE) - Details

See Senate Version of this Bill:
S2262
Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §19, Pub Off L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8576, S2394
2019-2020: S295
2021-2022: S164
2023-2024: S150

2015-A5618 (ACTIVE) - Summary

Prohibits state reimbursement of campaign and political committees, or legal defense fund, for payments made on behalf of the criminal defense of a state employee.

2015-A5618 (ACTIVE) - Bill Text download pdf

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

                                  5618

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend  the  public officers law, in relation to prohibiting
  reimbursement of campaign  committees  and  legal  defense  funds  for
  defense costs incurred on behalf of state employees

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

  Section 1. Subdivision 2 of section 19 of the public officers law,  as
amended  by  chapter  769  of  the  laws  of 1985, is amended to read as
follows:
  2. (a) Upon compliance by the employee with the provisions of subdivi-
sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
PARAGRAPH (B) OF THIS SUBDIVISION AND the conditions set forth in  para-
graph  [(b)]  (C) of this subdivision, it shall be the duty of the state
to pay reasonable attorneys' fees and litigation expenses incurred by or
on behalf of an employee in his or her defense of a criminal  proceeding
in  a state or federal court arising out of any act which occurred while
such employee was acting within the scope of his  public  employment  or
duties  upon his acquittal or upon the dismissal of the criminal charges
against him or reasonable attorneys' fees incurred in connection with an
appearance before a grand jury which returns no true  bill  against  the
employee where such appearance was required as a result of any act which
occurred  while  such employee was acting within the scope of his public
employment or duties unless such appearance occurs in the normal  course
of the public employment or duties of such employee.
  (b)    NO  REIMBURSEMENT SHALL BE PAID PURSUANT TO THIS SECTION TO ANY
CAMPAIGN OR POLITICAL COMMITTEE, OR LEGAL DEFENSE FUND WHICH PAYS ALL OR
ANY PORTION OF AN EMPLOYEES' REASONABLE  ATTORNEYS'  FEES  AND/OR  LITI-
GATION  EXPENSES.    FURTHERMORE,  AN  EMPLOYEE  ON WHOSE BEHALF A LEGAL
DEFENSE FUND OR LEGAL DEFENSE FUNDS HAVE BEEN ESTABLISHED, SHALL NOT  BE
ELIGIBLE  FOR REIMBURSEMENT PURSUANT TO THIS SECTION UNTIL ALL MONEYS IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07277-02-5
              

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