NY State Senate Bill S888

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2023	referred to investigations and government operations

Co-Sponsors

S888 (ACTIVE) - Details

See Assembly Version of this Bill:: A3289
Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §3, Pub Off L

S888 (ACTIVE) - Summary

Prohibits a person convicted of rebellion or insurrection against the authority of the United States or the laws thereof under 18 U.S.C. Section 2383 from holding civil office in the state.

S888 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S888

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public officers law, in relation to prohibiting a
person convicted of rebellion or insurrection against the authority of
the United States or the laws thereof from holding civil office in the
state

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits insurrectionists from holding civil office in the state

 
SUMMARY OF PROVISIONS:

Section 1 of the bill is the short title: "Restrict Insurrectionists
from Office Taking (RIOT) Act"

Section 2 of the bill amends the public officer's law, paragraph (i) of
subdivision 1-a of section 3 of the public officer's law, as added by
section 31-b of subpart A of part H of Chapter 55 of the laws of 2014,

by ensuring that those convicted of rebellion or insurrection against
the authority of the United States cannot hold civil office in the
state.

Section 3 is the effective date. The act shall take effect immediately.

 
JUSTIFICATION:

Planning or participating in insurrection or rebellion is directly in
conflict with the oath of office members of the legislature and all
offices, executive and judicial, must take to support the constitution
of the United States and the constitution of the state of New York. At a
congressional level, as least two new elected representatives have been
credibly accused of participating in the violent insurrection at the
U.S. Capitol on January 6th, 2021.

There is historic precedent for this type of exclusion. On a federal
level, the fourteenth amendment's disqualification clause of the U.S.
Constitution allows the House and the Senate to exclude from office
anyone who previously swore an oath to defend the constitution and
engaged in insurrection or rebellion, but it does not address candidates
who have not yet taken an oath or affirmation. Federal law also bars
insurrectionists from holding office under the United States, but not
state or local governments. 18 U.S.C. § 2383. With this bill, New York
can close those loopholes by barring such criminals from becoming a
member of the state legislature, executive officer, or judge and affir-
matively declare that engaging in insurrection and rebellion against the
country or the state is incompatible with government service in the
state of New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

NA
 
EFFECTIVE DATE:
This act shall take effect immediately.

S888 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    888
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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, in relation  to  prohibiting  a
   person convicted of rebellion or insurrection against the authority of
   the United States or the laws thereof from holding civil office in the
   state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may be referred to
 as the "Restrict Insurrectionists from Office Taking (RIOT) Act".
   § 2. Paragraph (i) of subdivision 1-a of section 3 of the public offi-
 cers 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:
   (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 WHO SHALL
 STAND CONVICTED OF VIOLATING 18 U.S.C. § 2383.
   § 3. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03269-01-3

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The New York State Senate

senate Bill S888

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

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Co-Sponsors

S888 (ACTIVE) - Details

S888 (ACTIVE) - Summary

S888 (ACTIVE) - Sponsor Memo

S888 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S888

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Your Voice

Actions

Sponsor's Position

Brad Hoylman-Sigal

Co-Sponsors

James Sanders Jr.

S888 (ACTIVE) - Details

S888 (ACTIVE) - Summary

S888 (ACTIVE) - Sponsor Memo

S888 (ACTIVE) - Bill Text download pdf

Comments