NY State Senate Bill S960

Archive: Last Bill Status - In Senate Committee Elections Committee

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

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 05, 2017	referred to elections

Co-Sponsors

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S960 (ACTIVE) - Details

See Assembly Version of this Bill:: A5367
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
2015-2016: S2023, A7634
2019-2020: S1931, A4987
2021-2022: A4448

S960 (ACTIVE) - 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.

S960 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S960

 TITLE OF BILL :

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

 PURPOSE :

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 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 because 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 § 5
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.

 LEGISLATIVE HISTORY :


2015-16: S/2023/A.7634 referred to Elections Committee; ordered to
third reading in Assembly.

 FISCAL IMPLICATIONS :

None to the state

 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.

S960 (ACTIVE) - Bill Text download pdf


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

                                   960

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by Sens. COMRIE, MONTGOMERY, PARKER, PERKINS, RIVERA -- 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 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.
  § 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
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

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

                                                           LBD00170-01-7

S. 960                              2

RELEASED FROM INCARCERATION FOR SUCH FELONY OR RELEASED FROM  SERVING  A
TIME  ASSESSMENT  PURSUANT  TO  A  VIOLATION OF PAROLE SUPERVISION UNDER
FEDERAL JURISDICTION.
  §  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.
  §  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:
  §  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.
  § 5. The correction law is amended by adding a new section 510 to read
as follows:
  § 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.
  § 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.
  §  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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The New York State Senate

senate Bill S960

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

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Co-Sponsors

S960 (ACTIVE) - Details

S960 (ACTIVE) - Summary

S960 (ACTIVE) - Sponsor Memo

S960 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S960

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Your Voice

Actions

Co-Sponsors

S960 (ACTIVE) - Details

S960 (ACTIVE) - Summary

S960 (ACTIVE) - Sponsor Memo

S960 (ACTIVE) - Bill Text download pdf

Comments