S T A T E O F N E W Y O R K
________________________________________________________________________
9625
I N A S S E M B L Y
January 28, 2020
___________
Introduced by M. of A. LiPETRI -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law and the criminal procedure law, in
relation to including attempting to register as an elector knowing
that he or she is not qualified due to lack of U.S. citizenship
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17-104 of the election law is amended to read as
follows:
§ 17-104. False registration. Any person who:
1. Registers or attempts to register as an elector in more than one
election district for the same election, or more than once in the same
election district; or[,]
2. Registers or attempts to register as an elector, knowing that he
will not be a qualified voter in the district at the election for which
such registration is made; or
3. REGISTERS OR ATTEMPTS TO REGISTER AS AN ELECTOR, WHEN HE OR SHE IS
NOT QUALIFIED DUE TO LACK OF U.S. CITIZENSHIP; OR
4. Registers or attempts to register as an elector under any name but
his own; or
[4.] 5. Knowingly gives a false residence within the election district
when registering as an elector; or
[5.] 6. Knowingly permits, aids, assists, abets, procures, commands or
advises another to commit any such act, is guilty of a CLASS E felony.
§ 2. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of the
criminal procedure law, as added by section 2 of part JJJ of chapter 59
of the laws of 2019, are amended to read as follows:
(h) criminal contempt in the second degree as defined in subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree as defined in subdivision (b), (c) or (d) of section 215.51 of
the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14693-05-0
A. 9625 2
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this [article] TITLE; [or]
(i) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law; OR
(J) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
LAW.
§ 3. Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1
of section 530.20 of the criminal procedure law, as added by section 16
of part JJJ of chapter 59 of the laws of 2019, are amended to read as
follows:
(viii) criminal contempt in the second degree as defined in subdivi-
sion three of section 215.50 of the penal law, criminal contempt in the
first degree as defined in subdivision (b), (c) or (d) of section 215.51
of the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this article; [or]
(ix) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law; OR
(X) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
LAW.
§ 4. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of the
criminal procedure law, as added by section 18 of part JJJ of chapter 59
of the laws of 2019, are amended to read as follows:
(h) criminal contempt in the second degree as defined in subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree as defined in subdivision (b), (c) or (d) of section 215.51 of
the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this article; [or]
(i) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law; OR
(J) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
LAW.
§ 5. This act shall take effect immediately.