senate Bill S90B

2019-2020 Legislative Session

Prohibits persons from holding civil office when convicted of certain felonies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 06, 2020 print number 90b
Jul 06, 2020 amend (t) and recommit to investigations and government operations
Jan 08, 2020 referred to investigations and government operations
Jan 30, 2019 print number 90a
Jan 30, 2019 amend and recommit to investigations and government operations
Jan 09, 2019 referred to investigations and government operations

S90 - Details

See Assembly Version of this Bill:
A8605
Current Committee:
Senate Investigations And Government Operations
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
2021-2022: S93, A1945

S90 - Summary

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

S90 - Sponsor Memo

S90 - Bill Text download pdf


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

                                   90

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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.
  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, REGARDLESS OF WHETHER HE OR SHE HAS OBTAINED A CERTIFICATE OF
RELIEF OF DISABILITIES FROM THE DIVISION 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-
tion  for an indeterminate term, having a minimum of one day and a maxi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S90A - Details

See Assembly Version of this Bill:
A8605
Current Committee:
Senate Investigations And Government Operations
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
2021-2022: S93, A1945

S90A - Summary

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

S90A - Sponsor Memo

S90A - Bill Text download pdf


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

                                  90--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S90B (ACTIVE) - Details

See Assembly Version of this Bill:
A8605
Current Committee:
Senate Investigations And Government Operations
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
2021-2022: S93, A1945

S90B (ACTIVE) - Summary

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

S90B (ACTIVE) - Sponsor Memo

S90B (ACTIVE) - Bill Text download pdf


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

                                  90--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by Sens. KAMINSKY, KENNEDY -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government  Operations  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Investigations  and  Government  Oper-
  ations  in  accordance  with  Senate  Rule  6,  sec.  8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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