Bill Text: NY A08605 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits persons from holding civil office when convicted of certain felonies.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-02-09 - print number 8605a [A08605 Detail]

Download: New_York-2019-A08605-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8605

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     October 2, 2019
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the public officers law and the  civil  rights  law,  in
          relation  to  prohibiting  persons from holding public office or posi-
          tions of political party leadership 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. The public officers law is amended by adding a new section
     2  3-d to read as follows:
     3    § 3-d. Restrictions upon holding public office; felony conviction.  1.
     4  No  person  shall  be capable of holding a civil office or a position of
     5  leadership in a political party for a period of ten years if he  or  she
     6  has  been  convicted of any felony under article one hundred forty-five,
     7  one hundred fifty-five, one hundred seventy, one  hundred  seventy-five,
     8  one  hundred  ninety-five,  two hundred, two hundred ten, or two hundred
     9  fifteen of the penal law or any felony under chapter 11, 15, 25, 29, 31,
    10  41, 47, 63, 73, 79, or 93 of title 18 of the US code.
    11    2. No person shall be capable of joining a political committee  for  a
    12  period  of  five  years  following  the completion of any sentence for a
    13  felony conviction under article  one  hundred  forty-five,  one  hundred
    14  fifty-five,  one  hundred seventy, one hundred seventy-five, one hundred
    15  ninety-five, two hundred, two hundred ten, or two hundred fifteen of the
    16  penal law or any felony under chapter 11, 15, 25, 29, 31,  41,  47,  63,
    17  73,  79,  or  93 of title 18 of the US code, regardless of whether he or
    18  she has obtained a certificate of relief of disabilities from the  divi-
    19  sion of criminal justice services.
    20    §  2.  Subdivision 1 of section 79 of the civil rights law, as amended
    21  by chapter 687 of the laws of 1973, is amended to read as follows:
    22    1. Except as provided in subdivision two of this section a sentence of
    23  imprisonment in a state correctional institution for any term less  than
    24  for  life or a sentence of imprisonment in a state correctional institu-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03468-04-9
        A. 8605                             2

     1  tion for an indeterminate term, having a minimum of one day and a  maxi-
     2  mum  of  natural  life,  forfeits  all the public offices, and suspends,
     3  during the term of the sentence, all the civil rights, and  all  private
     4  trusts,  authority,  or powers of, or held by, the person sentenced, and
     5  forfeits the right to hold public office or a position of leadership  in
     6  a  political party for a period of ten years following the completion of
     7  any sentence for a felony conviction under article  one  hundred  forty-
     8  five,  one hundred fifty-five, one hundred seventy, one hundred seventy-
     9  five, one hundred ninety-five, two hundred,  two  hundred  ten,  or  two
    10  hundred fifteen of the penal law or any felony under chapter 11, 15, 25,
    11  29, 31, 41, 47, 63, 73, 79, or 93 of title 18 of the US code, regardless
    12  of  whether  he or she has obtained a certificate of relief of disabili-
    13  ties from the division of criminal justice services.
    14    § 3. This act shall take effect immediately.