senate Bill S6739

2019-2020 Legislative Session

Relates to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime involving a violation of an oath of office

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Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 referred to governmental operations
delivered to assembly
passed senate
Mar 10, 2020 advanced to third reading
Mar 04, 2020 2nd report cal.
Mar 03, 2020 1st report cal.537
Jan 08, 2020 referred to investigations and government operations
Sep 23, 2019 referred to rules

Votes

view votes

Mar 3, 2020 - Investigations and Government Operations committee Vote

S6739
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Mar 3, 2020

Co-Sponsors

S6739 (ACTIVE) - Details

See Assembly Version of this Bill:
A8638
Law Section:
Public Officers Law
Laws Affected:
Amd §30, Pub Off L

S6739 (ACTIVE) - Summary

Relates to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime involving a violation of an oath of office.

S6739 (ACTIVE) - Sponsor Memo

S6739 (ACTIVE) - Bill Text download pdf


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

                                  6739

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                           September 23, 2019
                               ___________

Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public officers law, in relation to the creation  of
  vacancies  in  a  public office upon entering a guilty plea in federal
  court to a felony or crime involving a violation of an oath of office

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

  Section  1.  Paragraph  e of subdivision 1 of section 30 of the public
officers law, as amended by chapter 454 of the laws of 1987, is  amended
to read as follows:
  e.  His conviction of a felony, [or] CONVICTION OF a crime involving a
violation of his oath of office OR UPON ENTERING A GUILTY PLEA IN FEDER-
AL COURT TO A FELONY OR CRIME INVOLVING  A  VIOLATION  OF  HIS  OATH  OF
OFFICE,  provided,  however,  that  a non-elected official may apply for
reinstatement to the appointing authority upon reversal or the  vacating
of such conviction where the conviction is the sole basis for the vacan-
cy.  After  receipt  of such application, the appointing authority shall
afford such applicant a hearing to determine  whether  reinstatement  is
warranted. The record of the hearing shall include the final judgment of
the court which reversed or vacated such conviction and may also include
the entire employment history of the applicant and any other submissions
which  may  form  the  basis  of  the  grant  or denial of reinstatement
notwithstanding the reversal or vacating of  such  conviction.  Notwith-
standing  any  law  to  the  contrary,  after review of such record, the
appointing authority may, in its discretion, reappoint such  non-elected
official  to his former office, or a similar office if his former office
is no longer available. In the event of such reinstatement, the appoint-
ing authority may, in its discretion, award salary  or  compensation  in
full  or  in part for the period from the date such office became vacant
to the date of reinstatement or any part thereof;
  § 2. This act shall take effect immediately.

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

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