S T A T E O F N E W Y O R K
________________________________________________________________________
4433
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
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 (t) and (u) of subdivision 4 of section 510.10 of the
criminal procedure law, paragraph (t) as amended and paragraph (u) as
added by section 2 of subpart B of part UU of chapter 56 of the laws of
2022, are amended and a new paragraph (v) is added to read as follows:
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law, where such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03875-01-3
A. 4433 2
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, or any charge of criminal possession of a firearm as
defined in section 265.01-b of the penal law, 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 quali-
fying offense as defined in this subdivision. For the purposes of this
paragraph, "harm to an identifiable person or property" shall include
but not be limited to theft of or damage to property. However, based
upon a review of the facts alleged in the accusatory instrument, if the
court determines that such theft is negligible and does not appear to be
in furtherance of other criminal activity, the principal shall be
released on his or her own recognizance or under appropriate non-mone-
tary conditions; [or]
(u) criminal possession of a weapon in the third degree as defined in
subdivision three of section 265.02 of the penal law or criminal sale of
a firearm to a minor as defined in section 265.16 of the penal law[.];
OR
(V) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
LAW.
§ 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, subparagraph (xx) as
amended and subparagraph (xxi) as added by section 4 of subpart C of
part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
agraph (xxii) is added to read as follows:
(xx) any felony or class A misdemeanor involving harm to an identifi-
able person or property, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket 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. For the purposes of this paragraph, "harm to an identifi-
able person or property" shall include but not be limited to theft of or
damage to property. However, based upon a review of the facts alleged in
the accusatory instrument, if the court determines that such theft is
negligible and does not appear to be in furtherance of other criminal
activity, the principal shall be released on his or her own recognizance
or under appropriate non-monetary conditions; [or]
(xxi) criminal possession of a weapon in the third degree as defined
in subdivision three of section 265.02 of the penal law or criminal sale
of a firearm to a minor as defined in section 265.16 of the penal
law[.]; OR
(XXII) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE
ELECTION LAW.
§ 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
criminal procedure law, paragraph (t) as amended and paragraph (u) as
added by section 4 of subpart B part UU of chapter 56 of the laws of
2022, are amended and a new paragraph (v) is added to read as follows:
A. 4433 3
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, or any charge of criminal possession of a firearm as
defined in section 265.01-b of the penal law, 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 quali-
fying offense as defined in this subdivision. For the purposes of this
paragraph, "harm to an identifiable person or property" shall include
but not be limited to theft of or damage to property. However, based
upon a review of the facts alleged in the accusatory instrument, if the
court determines that such theft is negligible and does not appear to be
in furtherance of other criminal activity, the principal shall be
released on his or her own recognizance or under appropriate non-mone-
tary conditions; [or]
(u) criminal possession of a weapon in the third degree as defined in
subdivision three of section 265.02 of the penal law or criminal sale of
a firearm to a minor as defined in section 265.16 of the penal law[.];
OR
(V) A VIOLATION OF SUBDIVISION THREE OF SECTION 17-104 OF THE ELECTION
LAW.
§ 5. This act shall take effect immediately.