S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4987
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced by M. of A. O'DONNELL, WALKER, BLAKE, WEPRIN, CARROLL, ORTIZ,
   D'URSO,  JEAN-PIERRE  -- Multi-Sponsored by -- M. of A. LENTOL -- read
   once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, the criminal  procedure  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] WHILE HE OR SHE  IS  INCARCERATED  FOR  SUCH
 FELONY.
   §  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  imprisonment
 has  expired,  or he has been discharged from parole] WHILE HE OR SHE IS
 INCARCERATED FOR SUCH FELONY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02910-02-9
              

 A. 4987                             2
 
   § 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]
 WHILE HE OR SHE IS INCARCERATED FOR SUCH FELONY.
   § 4. Section 220.50 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8. PRIOR TO ACCEPTING A DEFENDANT'S PLEA  OF  GUILTY  TO  A  COUNT  OR
 COUNTS OF AN INDICTMENT OR A SUPERIOR COURT INFORMATION CHARGING A FELO-
 NY  OFFENSE,  THE  COURT  MUST  ADVISE  THE DEFENDANT ON THE RECORD THAT
 CONVICTION WILL RESULT IN LOSS OF THE RIGHT TO VOTE WHILE THE  DEFENDANT
 IS  SERVING  A  FELONY  SENTENCE IN A CORRECTIONAL FACILITY AND THAT THE
 RIGHT TO VOTE WILL BE RESTORED UPON THE DEFENDANT'S RELEASE.
   § 5. Section 380.50 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7.  BEFORE  IMPOSING  A  SENTENCE  OF  INCARCERATION  FOR   A   FELONY
 CONVICTION,  THE  COURT  MUST  ADVISE  THE  DEFENDANT ON THE RECORD THAT
 CONVICTION WILL RESULT IN THE LOSS OF THE RIGHT TO VOTE WHILE THE  INDI-
 VIDUAL  IS SERVING A FELONY SENTENCE IN A CORRECTIONAL FACILITY AND THAT
 THE RIGHT TO VOTE WILL BE RESTORED UPON THE DEFENDANT'S RELEASE.
   § 6. 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] PRIOR TO the [discharge] RELEASE
 from a correctional facility of any person [whose  maximum  sentence  of
 imprisonment  has  expired  or  upon a person's discharge from community
 supervision,] the department shall notify such person  [of  his  or  her
 right  to  vote]  VERBALLY AND IN WRITING, THAT HIS OR HER VOTING RIGHTS
 WILL BE RESTORED UPON RELEASE and provide such person  with  a  form  of
 application  for  voter  registration  [together with] AND A DECLINATION
 FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING OUT THE APPROPRIATE  FORM,
 AND  PROVIDE SUCH PERSON written information distributed by the board of
 elections on the importance and the mechanics  of  voting.  UNLESS  SUCH
 PERSON  REFUSES, THE DEPARTMENT SHALL TRANSMIT THE COMPLETED APPLICATION
 UPON SUCH PERSON'S RELEASE TO THE STATE BOARD OR LOCAL BOARD WHERE  SUCH
 PERSON RESIDES.
   § 7. The correction law is amended by adding a new section 510 to read
 as follows:
   §  510. VOTING UPON RELEASE. PRIOR TO THE RELEASE FROM A LOCAL CORREC-
 TIONAL FACILITY OF ANY PERSON CONVICTED OF A FELONY THE  CHIEF  ADMINIS-
 TRATIVE  OFFICER  SHALL  NOTIFY SUCH PERSON VERBALLY AND IN WRITING THAT
 HIS OR HER VOTING RIGHTS WILL BE RESTORED UPON RELEASE AND PROVIDE  SUCH
 PERSON  WITH A FORM OF APPLICATION FOR VOTER REGISTRATION AND A DECLINA-
 TION FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING OUT  THE  APPROPRIATE
 FORM,  AND  PROVIDE  SUCH  PERSON WRITTEN INFORMATION DISTRIBUTED BY THE
 BOARD OF ELECTIONS ON THE IMPORTANCE AND THE MECHANICS OF VOTING. UNLESS
 SUCH PERSON REFUSES, THE CHIEF ADMINISTRATIVE OFFICER SHALL TRANSMIT THE
 COMPLETED APPLICATION UPON SUCH PERSON'S RELEASE TO THE STATE  BOARD  OR
 LOCAL BOARD WHERE SUCH PERSON RESIDES.
   § 8. The correction law is amended by adding a new section 209 to read
 as follows:

 A. 4987                             3
 
   §  209.  NOTICE  OF  VOTING  RIGHTS.  THE DEPARTMENT SHALL NOTIFY EACH
 PERSON SERVING A PERIOD OF COMMUNITY SUPERVISION OF HIS OR HER RIGHT  TO
 VOTE AND PROVIDE SUCH PERSON WITH A FORM OF APPLICATION FOR VOTER REGIS-
 TRATION  AND A DECLINATION FORM, OFFER SUCH PERSON ASSISTANCE IN FILLING
 OUT  THE  APPROPRIATE  FORM, AND PROVIDE SUCH PERSON WRITTEN INFORMATION
 DISTRIBUTED BY THE BOARD OF ELECTIONS ON THE IMPORTANCE AND THE  MECHAN-
 ICS OF VOTING. UNLESS SUCH PERSON REFUSES, THE DEPARTMENT SHALL TRANSMIT
 THE  COMPLETED  APPLICATION TO THE STATE BOARD OR LOCAL BOARD WHERE SUCH
 PERSON RESIDES.
   § 9. Section 3-102 of the election law is  amended  by  adding  a  new
 subdivision 16-b to read as follows:
   16-B.  DEVELOP  AND  IMPLEMENT A PROGRAM TO EDUCATE ATTORNEYS, JUDGES,
 ELECTION  OFFICIALS,  CORRECTIONS  OFFICIALS,   INCLUDING   PAROLE   AND
 PROBATION OFFICERS, AND MEMBERS OF THE PUBLIC REGARDING THE REQUIREMENTS
 OF  THE  CHAPTER  OF  THE LAWS OF TWO THOUSAND NINETEEN WHICH ADDED THIS
 SUBDIVISION.
   § 10. This act shall take effect immediately, provided, however,  that
 sections  four,  five, six, seven, eight and nine of this act shall take
 effect on the one hundred twentieth day after it  shall  have  become  a
 law.