BILL NUMBER: S93

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the public officers law and the civil rights law, in
relation to prohibiting persons from holding public office or positions
of political party leadership when convicted of certain felonies

 
PURPOSE:

The purpose of the bill is to prohibit people who stand convicted of
certain criminal acts from seeking and holding civil office.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend subdivision 1-a of section three of
the Public Officers Law to add additional circumstances when a person
may not serve in civil office as an elected official. The bill would add
to the current lifetime ban in Subdivision 1a a person who stands
convicted of a felony, committed through the use of or in connection
              

with his or her civil office, defined in Article 215 of the Penal Law
("Offenses Relating to Judicial and Other Proceedings") or defined in
Title 18 U.S. Code chapter 11, 19, 31 or 63. It would also provide that
a person shall be incapable 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
Title 18 U.S. Code chapter 47.

This section would also provide that a certificate of relief from disa-
bilities or certificate of good conduct, pursuant to NY Correction Law
Art. 23, shall not affect the disqualifications set forth in Public
Officers Law § 3 (1-a).  Further, the bill would begin the five and ten
year bans set forth in the subdivision 1-a upon the completion of
sentence, rather than from the date of conviction as in current law.

Section two is a severance clause. Section three is the effective date.

 
EXISTING LAW:

Subdivision 1-a of section three of the Public Officers Law establishes
a lifetime ban and, in some instances, a five or ten year ban on serving
in civil office following conviction of certain state crimes.

 
JUSTIFICATION:

Subdivision 1-a of Section Three of the Public Officers Law bans persons
convicted of certain state crimes from serving in political office.
Regrettably, even while the existing law has been in place, some offi-
cials serving in office have nonetheless engaged in corrupt acts, and
some have been prosecuted for these corruption crimes in federal court
under federal law.  The intent of the Legislature in enacting subdivi-
sion 1-a was to bar persons engaging in and convicted of the most seri-
ous corruption crimes from again seeking and serving in civil office.
Experience has shown that, in some instances, these abuses of office
have been prosecuted under federal law in the federal courts. This bill
would make clear that such corrupt acts resulting in conviction and
sentencing in federal court will similarly bar service in civil office
in New York.
If enacted, this legislation would help stop cronyism and corruption.
It would send a message loud and clear that, regardless of one's party
affiliation, this type of behavior will not be tolerated within the
borders of the State of New York. This legislation would remove any such
corrupt individual from office, and bar return to civil office for an
appropriate period or for life.

Finally, this bill would demonstrate and reconfirm that we, the members
of the New York State Legislature, take seriously the trust voters
extend to us when selecting us and giving us the privilege to serve.

 
LEGISLATIVE HISTORY:

2020: 590B died in Investigations and Government Operations.

2019: S90A died in Investigations and Government Operations.

2018: S7252 died in Investigations and Government Operations.

2017: S1961 (Latimer) died in Investigations and Government Operations.
2016: S547 (Latimer) died in Investigations and Government Operations.
2015: S547 (Latimer) died in Investigations and Government Operations.
2014: S5461B (Latimer) died in Investigations and Government Operations.
2013: S5461 (Latimer) died in Investigations and Government Operations

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately and apply to convictions entered
before, on and after the date on which the bill is signed into law.