S T A T E O F N E W Y O R K
________________________________________________________________________
1390
2023-2024 Regular Sessions
I N S E N A T E
January 11, 2023
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Introduced by Sens. TEDISCO, HELMING, ORTT -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law and the election law, in relation to
prohibiting sex offenders who are on parole and in civil confinement
from voting in certain elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 18-a
to read as follows:
§ 18-A. RESTRICTION ON VOTING RIGHTS. A PERSON WHO HAS BEEN CONVICTED
OF AN OFFENSE DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW
WHO HAS BEEN: (I) DISCHARGED FROM IMPRISONMENT, BY VIRTUE OF ANY PAROLE,
CONDITIONAL PARDON OR CONDITIONAL COMMUTATION OF HIS OR HER SENTENCE;
AND (II) IS COMMITTED TO CIVIL IMPRISONMENT IN A HOSPITAL OR INSTITUTION
SHALL BE PROHIBITED FROM VOTING IN ANY ELECTION HELD DURING THE TIME OF
HIS OR HER CONFINEMENT TO SUCH HOSPITAL OR INSTITUTION.
§ 2. Section 5-106 of the election law is amended by adding a new
subdivision 4-a to read as follows:
4-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS TWO, THREE AND
FOUR OF THIS SECTION, A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE
DESCRIBED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW WHO HAS BEEN:
(I) DISCHARGED FROM IMPRISONMENT, BY VIRTUE OF ANY PAROLE, CONDITIONAL
PARDON OR CONDITIONAL COMMUTATION OF HIS OR HER SENTENCE; AND (II) IS
COMMITTED TO CIVIL IMPRISONMENT IN A HOSPITAL OR INSTITUTION SHALL BE
PROHIBITED FROM VOTING IN ANY ELECTION HELD DURING THE TIME OF HIS OR
HER CONFINEMENT TO SUCH HOSPITAL OR INSTITUTION.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04770-01-3