The New York State Senate

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

                                  1931

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 17, 2019
                               ___________

Introduced  by Sens. COMRIE, BAILEY, BENJAMIN, HOYLMAN, KAVANAGH, KRUEG-
  ER, MONTGOMERY, PARKER, PERSAUD, RIVERA, SANDERS,  SEPULVEDA  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Elections

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

S. 1931                             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:

S. 1931                             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.