assembly Bill A8138

2021-2022 Legislative Session

Prohibits state reimbursement of campaign and political committees, legal defense fund for payments made on behalf of the criminal defense of a state employee

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to governmental operations
Jun 16, 2021 referred to governmental operations

A8138 (ACTIVE) - Details

See Senate Version of this Bill:
S164
Law Section:
Public Officers Law
Laws Affected:
Amd §19, Pub Off L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2262
2017-2018: S2394
2019-2020: S295

A8138 (ACTIVE) - Summary

Prohibits state reimbursement of campaign and political committees, or legal defense funds, for payments made on behalf of the criminal defense of a state employee.

A8138 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8138
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the public officers  law,  in  relation  to  prohibiting
   reimbursement  of  campaign  committees  and  legal  defense funds for
   defense costs incurred on behalf of state employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 19 of the public officers law, as
 amended by chapter 769 of the laws  of  1985,  is  amended  to  read  as
 follows:
   2. (a) Upon compliance by the employee with the provisions of subdivi-
 sion three of this section, and subject to THE RESTRICTIONS SET FORTH IN
 PARAGRAPH  (B) OF THIS SUBDIVISION AND the conditions set forth in para-
 graph [(b)] (C) of this subdivision, it shall be the duty of  the  state
 to pay reasonable attorneys' fees and litigation expenses incurred by or
 on  behalf of an employee in his or her defense of a criminal proceeding
 in a state or federal court arising out of any act which occurred  while
 such  employee  was  acting within the scope of his public employment or
 duties upon his acquittal or upon the dismissal of the criminal  charges
 against him or reasonable attorneys' fees incurred in connection with an
 appearance  before  a  grand jury which returns no true bill against the
 employee where such appearance was required as a result of any act which
 occurred while such employee was acting within the scope of  his  public
 employment  or duties unless such appearance occurs in the normal course
 of the public employment or duties of such employee.
   (b)  NO REIMBURSEMENT SHALL BE PAID PURSUANT TO THIS  SECTION  TO  ANY
 CAMPAIGN OR POLITICAL COMMITTEE, OR LEGAL DEFENSE FUND WHICH PAYS ALL OR
 ANY  PORTION  OF  AN  EMPLOYEES' REASONABLE ATTORNEYS' FEES AND/OR LITI-
 GATION EXPENSES.   FURTHERMORE, AN EMPLOYEE  ON  WHOSE  BEHALF  A  LEGAL
 DEFENSE  FUND OR LEGAL DEFENSE FUNDS HAVE BEEN ESTABLISHED, SHALL NOT BE
 ELIGIBLE FOR REIMBURSEMENT PURSUANT TO THIS SECTION UNTIL ALL MONEYS  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.