S T A T E O F N E W Y O R K
________________________________________________________________________
6781
2019-2020 Regular Sessions
I N S E N A T E
October 18, 2019
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Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 24 of article 3 of the constitution,
in relation to prohibiting involuntary employment of prisoners
Section 1. Resolved (if the Assembly concur), That section 24 of arti-
cle 3 of the constitution be amended to read as follows:
§ 24. [The legislature shall, by law, provide for the occupation and
employment of prisoners sentenced to the several state prisons, peniten-
tiaries, jails and reformatories in the state; and no] NO person in any
[such] STATE prison, penitentiary, jail or reformatory, shall be
required or allowed to work, while under sentence thereto, at any trade,
industry or occupation, wherein or whereby his or her work, or the prod-
uct or profit of his or her work, shall be farmed out, contracted, given
or sold to any person, firm, association or corporation, provided that
the legislature may provide by law that such prisoners may voluntarily
perform work for nonprofit organizations PROVIDED THAT NO PERSON SHALL
BE COMPELLED TO PROVIDE LABOR AGAINST HIS OR HER WILL BY ACTUAL FORCE,
THREATS OF FORCE, THREATS OF PUNISHMENT, THREATS OF LEGAL COERCION OR BY
ANY SCHEME, PLAN OR PATTERN INTENDED TO CAUSE THE PERSON TO BELIEVE
THAT, IF SUCH PERSON DID NOT PROVIDE SUCH LABOR THAT SUCH PERSON OR
ANOTHER PERSON WOULD SUFFER PHYSICAL, EMOTIONAL OR MENTAL HARM OR PHYS-
ICAL RESTRAINT. As used in this section, the term "nonprofit organiza-
tion" means an organization operated exclusively for religious, charita-
ble, or educational purposes, no part of the net earnings of which
inures to the benefit of any private shareholder or individual. [This
section shall not be construed to prevent the legislature from providing
that convicts may work for, and that the products of their labor may be
disposed of to, the state or any political division thereof, or for or
to any public institution owned or managed and controlled by the state,
or any political division thereof.]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89143-02-9
S. 6781 2
§ 2. Resolved (if the Assembly concur), That the foregoing be referred
to the first regular legislative session convening after the next
succeeding general election of members of the assembly, and, in conform-
ity with section 1 of article 19 of the constitution, be published for 3
months previous to the time of such election.