The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1945
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by M. of A. CRUZ, FERNANDEZ, GRIFFIN, O'DONNELL -- read once
   and referred to the Committee on Governmental Operations
 
 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
 up  to  ten years [from the date of conviction] FOLLOWING THE COMPLETION
 OF SENTENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00981-02-1

 A. 1945                             2
 
   (III) THE GRANTING OF A CERTIFICATE OF  RELIEF  FROM  DISABILITIES  OR
 CERTIFICATE  OF  GOOD  CONDUCT,  PURSUANT TO ARTICLE TWENTY-THREE OF THE
 CORRECTION LAW, SHALL NOT AFFECT THE DISQUALIFICATIONS SET FORTH IN THIS
 SUBDIVISION.
   §  2.  If  any part or provision of this act is adjudged by a court of
 competent jurisdiction to be unconstitutional or otherwise invalid, such
 judgment shall not affect or impair any other part or provision of  this
 act, but shall be confined in its operation to such part or provision.
   §  3.  This  act  shall  take  effect  immediately  and shall apply to
 convictions entered before, on or after such date.