BILL NUMBER: S4423

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting
persons from holding civil office when convicted of certain felonies

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit people who stand convicted of certain criminal acts from
seeking and holding civil office.

 
SUMMARY OF PROVISIONS:

Section 1 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 1-a 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 disabilities or certificate of good conduct,
pursuant to NY Correction Law Art. 23, shall not affect the disquali-
fications 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 2 is a severance clause.

Section 3 is the effective date.

 
JUSTIFICATION:

ubdivision 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 subdivision 1-a was to bar
persons engaging in and convicted of the most serious 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.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S93 / A1945

2019-2020: S90

2017-2018: S7252

2015-2016: S547

2013-2014: S5461

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to convictions
entered before, on or after such date.