senate Bill S93A

2021-2022 Legislative Session

Prohibits persons from holding civil office when convicted of certain felonies

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 committed to rules
May 19, 2021 advanced to third reading
May 12, 2021 2nd report cal.
May 11, 2021 1st report cal.1057
Apr 19, 2021 print number 93a
Apr 19, 2021 amend (t) and recommit to investigations and government operations
Jan 06, 2021 referred to investigations and government operations

Votes

view votes

May 11, 2021 - Investigations and Government Operations committee Vote

S93A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 11, 2021

S93 - Details

See Assembly Version of this Bill:
A1945
Current Committee:
Senate Rules
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
2019-2020: S90, A8605

S93 - Summary

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

S93 - Sponsor Memo

S93 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    93
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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

S93A (ACTIVE) - Details

See Assembly Version of this Bill:
A1945
Current Committee:
Senate Rules
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
2019-2020: S90, A8605

S93A (ACTIVE) - Summary

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

S93A (ACTIVE) - Sponsor Memo

S93A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   93--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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