Bill Text: NY A08213 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits persons from holding an elected civil office if convicted of a state or federal felony while holding such civil office.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-05-09 - held for consideration in governmental operations [A08213 Detail]

Download: New_York-2021-A08213-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8213

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     August 25, 2021
                                       ___________

        Introduced by M. of A. LAWLER -- 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 an elected civil office if convicted of  a  state
          or federal felony

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (i) of subdivision 1-a of section 3 of the public
     2  officers law, as added by section 31-b of subpart A of part H of chapter
     3  55 of the laws of 2014, is amended to read as follows:
     4    (i) No person shall be capable of holding a  civil  office  who  shall
     5  stand  convicted  of  a  state or federal felony [defined in article two
     6  hundred or four hundred ninety-six or section 195.20 of the  penal  law]
     7  while  holding such civil office, provided, however, that this paragraph
     8  shall only apply to a person elected to a civil office.
     9    § 2. Section 3-a of the public officers law, as added by  chapter  513
    10  of the laws of 1948, is amended to read as follows:
    11    § 3-a. Restrictions  upon  holding  public  office  or  employment  of
    12  persons removed from office for certain reasons.    Any  public  officer
    13  who,  upon  being  called  before a grand jury to testify concerning the
    14  conduct of his or her office or the performance of his or  her  official
    15  duties, refuses to sign a waiver of immunity against subsequent criminal
    16  prosecution,  or to answer any relevant question concerning such matters
    17  before such grand jury and who, by virtue thereof, has been removed from
    18  such public office by the appropriate authority  or  who  has  forfeited
    19  such  office at the suit of the attorney general shall not be capable of
    20  holding a civil office or public employment [for a period of five  years
    21  from the date of the removal from or forfeit of such public office].
    22    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10956-03-1