assembly Bill A8605A

2019-2020 Legislative Session

Prohibits persons from holding civil office when convicted of certain felonies

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Current Bill Status - In Assembly 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 09, 2020 print number 8605a
Feb 09, 2020 amend (t) and recommit to governmental operations
Jan 08, 2020 referred to governmental operations
Oct 02, 2019 referred to governmental operations

Co-Sponsors

A8605 - Details

See Senate Version of this Bill:
S90
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5461
2015-2016: S547
2017-2018: S1961, S7252

A8605 - Summary

Prohibits persons from holding civil office when convicted of certain felonies.

A8605 - Bill Text download pdf


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

                                  8605

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2019
                               ___________

Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the public officers law and the  civil  rights  law,  in
  relation  to  prohibiting  persons from holding public office or posi-
  tions of political party leadership when convicted of certain felonies

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

  Section  1. The public officers law is amended by adding a new section
3-d to read as follows:
  § 3-D. RESTRICTIONS UPON HOLDING PUBLIC OFFICE; FELONY CONVICTION.  1.
NO  PERSON  SHALL  BE CAPABLE OF HOLDING A CIVIL OFFICE OR A POSITION OF
LEADERSHIP IN A POLITICAL PARTY FOR A PERIOD OF TEN YEARS IF HE  OR  SHE
HAS  BEEN  CONVICTED OF ANY FELONY UNDER ARTICLE ONE HUNDRED FORTY-FIVE,
ONE HUNDRED FIFTY-FIVE, ONE HUNDRED SEVENTY, ONE  HUNDRED  SEVENTY-FIVE,
ONE  HUNDRED  NINETY-FIVE,  TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED
FIFTEEN OF THE PENAL LAW OR ANY FELONY UNDER CHAPTER 11, 15, 25, 29, 31,
41, 47, 63, 73, 79, OR 93 OF TITLE 18 OF THE US CODE.
  2. NO PERSON SHALL BE CAPABLE OF JOINING A POLITICAL COMMITTEE  FOR  A
PERIOD  OF  FIVE  YEARS  FOLLOWING  THE COMPLETION OF ANY SENTENCE FOR A
FELONY CONVICTION UNDER ARTICLE  ONE  HUNDRED  FORTY-FIVE,  ONE  HUNDRED
FIFTY-FIVE,  ONE  HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED
NINETY-FIVE, TWO HUNDRED, TWO HUNDRED TEN, OR TWO HUNDRED FIFTEEN OF THE
PENAL LAW OR ANY FELONY UNDER CHAPTER 11, 15, 25, 29, 31,  41,  47,  63,
73,  79,  OR  93 OF TITLE 18 OF THE US CODE, REGARDLESS OF WHETHER HE OR
SHE HAS OBTAINED A CERTIFICATE OF RELIEF OF DISABILITIES FROM THE  DIVI-
SION OF CRIMINAL JUSTICE SERVICES.
  §  2.  Subdivision 1 of section 79 of the civil rights law, as amended
by chapter 687 of the laws of 1973, is amended to read as follows:
  1. Except as provided in subdivision two OF THIS SECTION a sentence of
imprisonment in a state correctional institution for any term less  than
for  life or a sentence of imprisonment in a state correctional institu-

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

Co-Sponsors

A8605A (ACTIVE) - Details

See Senate Version of this Bill:
S90
Law Section:
Public Officers Law
Laws Affected:
Amd §3, Pub Off L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5461
2015-2016: S547
2017-2018: S1961, S7252

A8605A (ACTIVE) - Summary

Prohibits persons from holding civil office when convicted of certain felonies.

A8605A (ACTIVE) - Bill Text download pdf


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

                                 8605--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2019
                               ___________

Introduced by M. of A. CRUZ, FERNANDEZ, DenDEKKER, GRIFFIN, O'DONNELL --
  read  once and referred to the Committee on Governmental Operations --
  recommitted to the Committee on Governmental Operations in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public officers  law,  in  relation  to  prohibiting
  persons from holding civil office when convicted of certain felonies

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

  Section 1. Subdivision 1-a of section 3 of the public officers law, as
added by section 31-b of subpart A of part H of chapter 55 of  the  laws
of 2014, is amended to read as follows:
  1-a.  (i)  No  person  shall  be capable of holding a civil office who
shall stand convicted of a felony defined in article two hundred or four
hundred ninety-six or section 195.20 of the  penal  law,  OR  A  FELONY,
COMMITTED  THROUGH  THE  USE  OF  OR IN CONNECTION WITH HIS OR HER CIVIL
OFFICE, DEFINED IN ARTICLE TWO HUNDRED FIFTEEN OF THE PENAL LAW OR CHAP-
TER 11, 19, 31 OR 63 OF TITLE 18 OF THE UNITED STATES CODE, OR SHALL  BE
CAPABLE OF HOLDING CIVIL OFFICE, FOR A PERIOD OF TEN YEARS FOLLOWING THE
COMPLETION OF SENTENCE, FOR A FELONY, COMMITTED THROUGH THE USE OF OR IN
CONNECTION WITH HIS OR HER CIVIL OFFICE, UNDER CHAPTER 47 OF TITLE 18 OF
THE UNITED STATES CODE.
  (ii)  Any  individual who stands convicted of a misdemeanor defined in
article two hundred, article four hundred ninety-six or  section  195.00
of  the  penal  law may not hold civil office for a period of five years
[from the date of conviction]  FOLLOWING  THE  COMPLETION  OF  SENTENCE,
provided  that  in  the  event  such  conviction is the result of a plea
agreement resulting in a plea to such  charge  in  lieu  of  a  plea  or
conviction of a felony defined in section 195.20, article two hundred or
article  four  hundred  ninety-six of the penal law, all parties to such
agreement may agree that the period of such bar may be for a  period  of

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