NY State Senate Bill 2015-S2023A

Archive: Last Bill Status - In Senate Committee Elections 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
Jun 24, 2015	print number 2023a
Jun 24, 2015	amend (t) and recommit to elections
Jan 21, 2015	referred to elections

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S2023 - Details

See Assembly Version of this Bill:: A7634
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §5-106, El L; amd §75, add §510, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4643
2011-2012: S2760
2013-2014: S3342
2017-2018: S960, A5367
2019-2020: S1931, A4987
2021-2022: A4448

2015-S2023 - Summary

Relates to voting and registration for voting by convicted felons; provides such convicted felons may vote if such person's maximum sentence of imprisonment has expired, or such person is serving a term of parole, presumptive release, conditional release or post-release supervision.

2015-S2023 - Sponsor Memo

                                BILL NUMBER:S2023

TITLE OF BILL:  An act to amend the election law and the executive
law, in relation to voting by convicted felons

PURPOSE OR GENERAL IDEA OF BILL:

This bill would restore voting rights to parolees, to facilitate
community reintegration and participation in the civic process, rather
than requiring a parolee to wait until he or she has been discharged
from parole or reached the maximum expiration date of the sentence.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision two of section 5-106 of the
Election Law to restore voting rights to individuals who have been
released to community supervision from New York state sentences
imposed as a result of New York felony convictions. Election Law
5-10G(2) bars a person convicted of a New York felony from voting or
registering to vote, and also, as currently drafted, restores voting
rights when the person is either discharged from parole or reaches the
maximum expiration date of his or her sentence. This bill would
restore voting rights while the person is serving the community
supervision portion of the sentence, so that he or she can exercise
the civic responsibility of voting. Sections two and three of the bill
make similar changes to subdivisions three and four of EL5S-106, which

deal respectively with federal felony convictions and felony
convictions in other states.

Section 4 of the bill requires the Division of Parole to make voter
registration forms available to parolees.

Section 5 of the bill is the effective date.

JUSTIFICATION:

Under current law, a felony conviction imposes a variety of
disabilities, including a bar to voting, and the voting bar may be
removed only by discharge from, or completion of, the sentence as
provided in the Election Law, or by issuance of a certificate of
relief from disabilities or a certificate of good conduct under
Article 23 of the Correction Law. Certificates of relief and good
conduct may be issued to relieve eligible offenders of a variety of
different disabilities, and may be specifically limited to one or more
enumerated forfeiture, disability or bar. See Correction Law
701(1), 703-a(1). However, these certificates are not issued
automatically, even for the limited purpose of restoring voting
rights, and some releasees supervised by the Division of Parole may
not be eligible for certificates of good conduct until they meet
statutory waiting periods. Thus, many, if not most, releasees cannot
vote until after their periods of community supervision are over.

Parole is meant to help prevent recidivism and to rehabilitate and
reinitiate a felon back into society. This rehabilitation is built on
the offender's recognition of fault, taking responsibility for his or
her behavior, and his or her effort to change. Preventing releasees
from voting, and from exercising a constitutional right and a civic


responsibility, is a barrier to full reintegration into society. It
also continues to punish people who have already served the
incarcerative parts of their sentences, and that part of their debt to
society.

PRIOR LEGISLATIVE HISTORY:

2009-10: S.4643/A.2445 (O'Donnell) Referred to Elections Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, except that section 4 shall
take effect 120 days after becoming law, to give the Division of
Parole time to implement section 4.

2015-S2023 - Bill Text download pdf

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

                                  2023

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Elections

AN ACT to amend the election law and the executive law, in  relation  to
  voting by convicted felons

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

  Section 1. Subdivision 2 of section 5-106  of  the  election  law,  as
amended  by  chapter  373  of  the  laws  of 1978, is amended to read as
follows:
  2. No person who has been convicted of a felony pursuant to  the  laws
of  this  state,  shall  have  the  right to register for or vote at any
election unless [he]: (I)  SUCH  PERSON  shall  have  been  pardoned  or
restored  to  the  rights  of citizenship by the governor, or [his] (II)
SUCH PERSON'S maximum sentence of imprisonment has expired, or  [he  has
been  discharged  from  parole.  The  governor, however, may attach as a
condition to any such pardon a provision that any such person shall  not
have  the right of suffrage until it shall have been separately restored
to him] (III) SUCH PERSON IS  SERVING  A  TERM  OF  PAROLE,  PRESUMPTIVE
RELEASE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION.
  S  2. Subdivision 3 of section 5-106 of the election law is amended to
read as follows:
  3. No person who has been convicted in a federal court, of  a  felony,
or  a crime or offense which would constitute a felony under the laws of
this state, shall have the right to register for or vote at any election
unless [he]: (I) SUCH PERSON shall have been pardoned or restored to the
rights of citizenship by the president of the United  States,  or  [his]
(II)  SUCH PERSON'S maximum sentence of imprisonment has expired, or [he
has been discharged from parole] (III) SUCH PERSON IS SERVING A TERM  OF
PAROLE,  PRESUMPTIVE RELEASE, CONDITIONAL RELEASE OR POST-RELEASE SUPER-
VISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07885-01-5

S. 2023                             2

  S 3. Subdivision 4 of section 5-106 of the election law is amended  to
read as follows:
  4.  No  person  who has been convicted in another state for a crime or
offense which would constitute a felony under the  laws  of  this  state
shall  have  the  right  to register for or vote at any election in this
state unless [he]: (I) SUCH PERSON shall have been pardoned or  restored
to  the  rights  of  citizenship  by  the  governor or other appropriate
authority of such other state,  or  [his]  (II)  SUCH  PERSON'S  maximum
sentence has expired, or [he has been discharged from parole] (III) SUCH
PERSON  IS  SERVING  A  TERM OF PAROLE, PRESUMPTIVE RELEASE, CONDITIONAL
RELEASE OR POST-RELEASE SUPERVISION.
  S 4. Section 259-c of the executive law is amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  HAVE  THE DUTY TO PROVIDE VOTER REGISTRATION FORMS TO EVERY PERSON
ON PAROLE, PRESUMPTIVE  RELEASE,  CONDITIONAL  RELEASE  OR  POST-RELEASE
SUPERVISION  AT  THE  TIME  SUCH PERSON IS RELEASED TO SUPERVISION OR AS
SOON THEREAFTER AS PRACTICABLE;
  S 5. This act shall take effect immediately, provided,  however,  that
section  four of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S2023A (ACTIVE) - Details

See Assembly Version of this Bill:: A7634
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §5-106, El L; amd §75, add §510, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4643
2011-2012: S2760
2013-2014: S3342
2017-2018: S960, A5367
2019-2020: S1931, A4987
2021-2022: A4448

2015-S2023A (ACTIVE) - Summary

2015-S2023A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2023A

TITLE OF BILL:

An act to amend the election law and the correction law, in relation
to voting by convicted felons

PURPOSE OR GENERAL IDEA OF BILL:

This bill would restore voting rights to parolees, to facilitate
community reintegration and participation in the civic process, rather
than requiring a parolee to wait until he or she has been discharged
from parole or reached the maximum expiration date of the sentence.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends subdivision two of section 5-106 of the
Election Law to restore voting rights to individuals who have been
released to community supervision from New York state sentences
imposed as a result of New York felony convictions. Election Law
5-106(2) bars a person convicted of a New York felony from voting or
registering to vote, and also, as currently drafted, restores voting
rights when the person is either discharged from parole or reaches the
maximum expiration date of his or her sentence. This bill would
restore voting rights while the person is serving the community
supervision portion of the sentence, so that he or she can exercise

the civic responsibility of voting. Sections two and three of the bill
make similar changes to subdivisions three and four of EL5S-106, which
deal respectively with federal felony convictions and felony
convictions in other states.

Section 4 of the bill requires the Division of Parole to make voter
registration forms available to parolees.

Section 5 of the bill is the effective date.

JUSTIFICATION:

Under current law, a felony conviction imposes a variety of
disabilities, including a bar to voting, and the voting bar may be
removed only by discharge from, or completion of, the sentence as
provided in the Election Law, or by issuance of a certificate of
relief from disabilities or a certificate of good conduct under
Article 23 of the Correction Law. Certificates of relief and good
conduct may be issued to relieve eligible offenders of a variety of
different disabilities, and may be specifically limited to one or more
enumerated forfeiture, disability or bar. See Correction Law
701(1), 703-a(1). However, these certificates are not issued
automatically, even for the limited purpose of restoring voting
rights, and some releasees supervised by the Division of Parole may
not be eligible for certificates of good conduct until they meet
statutory waiting periods. Thus, many, if not most, releasees cannot
vote until after their periods of community supervision are over.

Parole is meant to help prevent recidivism and to rehabilitate and
reinitiate a felon back into society. This rehabilitation is built on
the offender's recognition of fault, taking responsibility for his or


her behavior, and his or her effort to change. Preventing releasees
from voting, and from exercising a constitutional right and a civic
responsibility, is a barrier to full reintegration into society. It
also continues to punish people who have already served the
incarcerative parts of their sentences, and that part of their debt to
society.

PRIOR LEGISLATIVE HISTORY:

2009-10: S.4643/A.2445 (O'Donnell) Referred to Elections Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, except that section 4 shall
take effect 120 days after becoming law, to give the Division of
Parole time to implement section 4.

2015-S2023A (ACTIVE) - Bill Text download pdf

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

                                 2023--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  MONTGOMERY,  PARKER,  PERKINS,
  RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to the Committee on Elections -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the election law and the correction law, in relation to
  voting by convicted felons

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

  Section  1.  Subdivision  2  of  section 5-106 of the election law, as
amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
follows:
  2.  No  person  who  has been convicted of a felony AND SENTENCED TO A
PERIOD OF IMPRISONMENT FOR SUCH FELONY pursuant  to  the  laws  of  this
state,  shall  have  the  right  to register for or vote at any election
unless he [shall have been pardoned or restored to the rights  of  citi-
zenship  by  the  governor,  or his maximum sentence of imprisonment has
expired, or he has been discharged from parole. The  governor,  however,
may  attach  as a condition to any such pardon a provision that any such
person shall not have the right of suffrage until  it  shall  have  been
separately  restored to him] OR SHE HAS BEEN RELEASED FROM INCARCERATION
FOR SUCH FELONY OR RELEASED FROM SERVING A TIME ASSESSMENT  PURSUANT  TO
SUBPARAGRAPH  (X)  OF  PARAGRAPH (F) OF SUBDIVISION THREE OF SECTION TWO
HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW.
  S 2. Subdivision 3 of section 5-106 of the election law is amended  to
read as follows:
  3.  No  person who has been convicted in a federal court, of a felony,
or a crime or offense which would constitute a felony under the laws  of
this  state,  AND SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY,
shall have the right to register for or vote at any election  unless  he
[shall  have  been  pardoned or restored to the rights of citizenship by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07885-02-5

S. 2023--A                          2

the president of the United States, or his maximum sentence of imprison-
ment has expired, or he has been discharged from parole] OR SHE HAS BEEN
RELEASED FROM INCARCERATION FOR SUCH FELONY OR RELEASED FROM  SERVING  A
TIME  ASSESSMENT  PURSUANT  TO  A  VIOLATION OF PAROLE SUPERVISION UNDER
FEDERAL JURISDICTION.
  S 3. Subdivision 4 of section 5-106 of the election law is amended  to
read as follows:
  4.  No  person  who has been convicted in another state for a crime or
offense which would constitute a felony under the laws of this state AND
SENTENCED TO A PERIOD OF IMPRISONMENT FOR SUCH FELONY,  shall  have  the
right  to  register  for or vote at any election in this state unless he
shall have been pardoned or restored to the rights of citizenship by the
governor or other appropriate authority of  such  other  state,  or  his
maximum sentence has expired, or he [has been discharged from parole] OR
SHE  HAS  BEEN  RELEASED  FROM INCARCERATION FOR SUCH FELONY OR RELEASED
FROM SERVING A TIME ASSESSMENT FOR A  VIOLATION  OF  PAROLE  SUPERVISION
UNDER  THE  JURISDICTION OF COURTS, PAROLING AUTHORITIES, CORRECTIONS OR
OTHER CRIMINAL JUSTICE AGENCIES.
  S 4. Section 75 of the correction law, as amended  by  section  18  of
subpart  A  of  part  C of chapter 62 of the laws of 2011, is amended to
read as follows:
  S 75. Notice of voting rights. Upon the  [discharge]  RELEASE  from  a
correctional facility of any person [whose maximum sentence of imprison-
ment  has  expired  or  upon  a person's discharge from community super-
vision,] the department shall notify such person of his or her right  to
vote and provide such person with a form of application for voter regis-
tration  together  with  written information distributed by the board of
elections on the importance and the mechanics of voting.
  S 5. The correction law is amended by adding a new section 510 to read
as follows:
  S 510. VOTING UPON RELEASE. UPON THE RELEASE FROM A LOCAL CORRECTIONAL
FACILITY OF ANY PERSON CONVICTED OF A FELONY  THE  CHIEF  ADMINISTRATIVE
OFFICER SHALL NOTIFY SUCH PERSON OF HIS OR HER RIGHT TO VOTE AND PROVIDE
SUCH  PERSON  WITH A FORM OF APPLICATION FOR VOTER REGISTRATION TOGETHER
WITH WRITTEN INFORMATION DISTRIBUTED BY THE BOARD OF  ELECTIONS  ON  THE
IMPORTANCE AND THE MECHANICS OF VOTING.
  S  6.  The  department  of corrections and community supervision shall
notify each person serving a period  of  community  supervision  on  the
effective  date of this act of his or her right to vote and provide such
person with a form of application for voter registration  together  with
written  information distributed by the board of elections on the impor-
tance and the mechanics of voting.
  S 7. This act shall take effect immediately, provided,  however,  that
sections  four,  five,  and six of this act shall take effect on the one
hundred twentieth day after it shall have become a law.

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Senate Bill S2023A

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

co-Sponsors

2015-S2023 - Details

2015-S2023 - Summary

2015-S2023 - Sponsor Memo

2015-S2023 - Bill Text download pdf

co-Sponsors

2015-S2023A (ACTIVE) - Details

2015-S2023A (ACTIVE) - Summary

2015-S2023A (ACTIVE) - Sponsor Memo

2015-S2023A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

Bill Amendments

co-Sponsors

2015-S2023 - Details

2015-S2023 - Summary

2015-S2023 - Sponsor Memo

2015-S2023 - Bill Text download pdf

co-Sponsors

2015-S2023A (ACTIVE) - Details

2015-S2023A (ACTIVE) - Summary

2015-S2023A (ACTIVE) - Sponsor Memo

2015-S2023A (ACTIVE) - Bill Text download pdf

Comments