2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2021

        Introduced  by M. of A. CRUZ, FERNANDEZ, GRIFFIN, O'DONNELL -- read once
          and referred to the Committee on Governmental Operations

        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:

     1    Section 1. Subdivision 1-a of section 3 of the public officers law, as
     2  added by section 31-b of subpart A of part H of chapter 55 of  the  laws
     3  of 2014, is amended to read as follows:
     4    1-a.  (i)  No  person  shall  be capable of holding a civil office who
     5  shall stand convicted of a felony defined in article two hundred or four
     6  hundred ninety-six or section 195.20 of the  penal  law,  or  a  felony,
     7  committed  through  the  use  of  or in connection with his or her civil
     8  office, defined in article two hundred fifteen of the penal law or chap-
     9  ter 11, 19, 31 or 63 of title 18 of the United States Code, or shall  be
    10  capable of holding civil office, for a period of ten years following the
    11  completion of sentence, for a felony, committed through the use of or in
    12  connection with his or her civil office, under chapter 47 of title 18 of
    13  the United States Code.
    14    (ii)  Any  individual who stands convicted of a misdemeanor defined in
    15  article two hundred, article four hundred ninety-six or  section  195.00
    16  of  the  penal  law may not hold civil office for a period of five years
    17  [from the date of conviction]  following  the  completion  of  sentence,
    18  provided  that  in  the  event  such  conviction is the result of a plea
    19  agreement resulting in a plea to such  charge  in  lieu  of  a  plea  or
    20  conviction of a felony defined in section 195.20, article two hundred or
    21  article  four  hundred  ninety-six of the penal law, all parties to such
    22  agreement may agree that the period of such bar may be for a  period  of
    23  up  to  ten years [from the date of conviction] following the completion
    24  of sentence.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1945                             2

     1    (iii) The granting of a certificate of  relief  from  disabilities  or
     2  certificate  of  good  conduct,  pursuant to article twenty-three of the
     3  correction law, shall not affect the disqualifications set forth in this
     4  subdivision.
     5    §  2.  If  any part or provision of this act is adjudged by a court of
     6  competent jurisdiction to be unconstitutional or otherwise invalid, such
     7  judgment shall not affect or impair any other part or provision of  this
     8  act, but shall be confined in its operation to such part or provision.
     9    §  3.  This  act  shall  take  effect  immediately  and shall apply to
    10  convictions entered before, on or after such date.