senate Bill S3152

2015-2016 Legislative Session

Relates to creating a civil course of action to recover the value of any benefit received from any retirement system by an elected official convicted of certain felonies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Feb 03, 2015 referred to codes

Co-Sponsors

S3152 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยงยง1310 & 1311, CPLR
Versions Introduced in 2017-2018 Legislative Session:
S1201

S3152 (ACTIVE) - Summary

Relates to creating a civil course of action to recover the value of any benefit received from any retirement system by an elected official convicted of certain felonies; defines proceeds of a violation of the public trust and post conviction forfeiture crime involving an elected official.

S3152 (ACTIVE) - Sponsor Memo

S3152 (ACTIVE) - Bill Text download pdf

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

                                  3152

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to  creat-
  ing  a  civil  course  of  action  to recover the value of any benefit
  received from any public retirement system or retirement  plan  by  an
  elected official who has been convicted of certain felonies

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

  Section 1. Section 1310 of the civil practice law and rules is amended
by adding a new subdivision 2-a to read as follows:
  2-A. "PROCEEDS OF A VIOLATION OF THE PUBLIC  TRUST"  MEANS  AN  AMOUNT
EQUIVALENT TO THE MONETARY VALUE OF ANY BENEFIT RECEIVED FROM ANY PUBLIC
RETIREMENT  SYSTEM  OR  RETIREMENT  PLAN  BY AN ELECTED OFFICIAL WHO HAS
COMMITTED A FELONY CRIME AS DEFINED IN SUBDIVISION 5-A OF THIS SECTION.
  S 2. Section 1310 of the civil practice law and rules  is  amended  by
adding a new subdivision 5-a to read as follows:
  5-A.  "POST-CONVICTION FORFEITURE CRIME INVOLVING AN ELECTED OFFICIAL"
MEANS:
  (A) ANY FELONY FOR COMMITTING, AIDING OR ABETTING A LARCENY OF  PUBLIC
FUNDS FROM THE STATE OR A MUNICIPALITY;
  (B)  ANY  FELONY  COMMITTED  IN  DIRECT  CONNECTION WITH SERVICE AS AN
ELECTED OFFICIAL; OR
  (C) ANY FELONY COMMITTED BY  SUCH  PERSON  WHO,  WITH  THE  INTENT  TO
DEFRAUD,  REALIZES  OR  OBTAINS,  OR  ATTEMPTS  TO  REALIZE OR OBTAIN, A
PROFIT, GAIN OR ADVANTAGE FOR HIMSELF  OR  HERSELF  OR  FOR  SOME  OTHER
PERSON,  THROUGH  THE  USE OR ATTEMPTED USE OF THE POWER, RIGHTS, PRIVI-
LEGES OR DUTIES OF HIS OR HER POSITION AS AN ELECTED OFFICIAL.
  S 3. The opening paragraph of subdivision 1 of  section  1311  of  the
civil  practice  law and rules, as amended by chapter 655 of the laws of
1990, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08321-01-5

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.