S T A T E O F N E W Y O R K
________________________________________________________________________
4258
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law and the criminal procedure law, in
relation to including attempting to register as an elector knowing
that he or she is not qualified due to lack of U.S. citizenship
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17-104 of the election law is amended to read as
follows:
§ 17-104. False registration. Any person who:
1. Registers or attempts to register as an elector in more than one
election district for the same election, or more than once in the same
election district; or[,]
2. Registers or attempts to register as an elector, knowing that he OR
SHE will not be a qualified voter in the district at the election for
which such registration is made; or
3. REGISTERS OR ATTEMPTS TO REGISTER AS AN ELECTOR, WHEN HE OR SHE IS
NOT QUALIFIED DUE TO LACK OF U.S. CITIZENSHIP; OR
4. Registers or attempts to register as an elector under any name but
his OR HER own; or
[4.] 5. Knowingly gives a false residence within the election district
when registering as an elector; or
[5.] 6. Knowingly permits, aids, assists, abets, procures, commands or
advises another to commit any such act, is guilty of a CLASS E felony.
§ 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
criminal procedure law, as added by section 2 of part UU of chapter 56
of the laws of 2020, are amended to read as follows:
(s) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; [or]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08718-01-1
A. 4258 2
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, where such charge arose from conduct occurring
while the defendant was released on his or her own recognizance or
released under conditions for a separate felony or class A misdemeanor
involving harm to an identifiable person or property, provided, however,
that the prosecutor must show reasonable cause to believe that the
defendant committed the instant crime and any underlying crime. For the
purposes of this subparagraph, any of the underlying crimes need not be
a qualifying offense as defined in this subdivision; OR
(U) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
LAW.
§ 3. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, as amended by section 3 of
part UU of chapter 56 of the laws of 2020, are amended to read as
follows:
(xix) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; [or]
(xx) any felony or class A misdemeanor involving harm to an identifi-
able person or property, where such charge arose from conduct occurring
while the defendant was released on his or her own recognizance or
released under conditions for a separate felony or class A misdemeanor
involving harm to an identifiable person or property, provided, however,
that the prosecutor must show reasonable cause to believe that the
defendant committed the instant crime and any underlying crime. For the
purposes of this subparagraph, any of the underlying crimes need not be
a qualifying offense as defined in this subdivision; OR
(XXI) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE
ELECTION LAW.
§ 4. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the
criminal procedure law, as added by section 4 of part UU of chapter 56
of the laws of 2020, are amended to read as follows:
(s) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; [or]
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, where such charge arose from conduct occurring
while the defendant was released on his or her own recognizance or
released under conditions for a separate felony or class A misdemeanor
involving harm to an identifiable person or property, provided, however,
that the prosecutor must show reasonable cause to believe that the
defendant committed the instant crime and any underlying crime. For the
purposes of this subparagraph, any of the underlying crimes need not be
a qualifying offense as defined in this subdivision; OR
(U) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
LAW.
§ 5. This act shall take effect immediately.