Bill Text: NY A09625 | 2019-2020 | General Assembly | Introduced
Bill Title: Includes attempting to register as an elector knowing that he or she is not qualified due to lack of U.S. citizenship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-07-14 - held for consideration in election law [A09625 Detail]
Download: New_York-2019-A09625-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9625 IN ASSEMBLY January 28, 2020 ___________ Introduced by M. of A. LiPETRI -- read once and referred to the Commit- tee on Election Law AN ACT to amend the election law and the criminal procedure law, in relation to including attempting to register as an elector knowing that he or she is not qualified due to lack of U.S. citizenship The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 17-104 of the election law is amended to read as 2 follows: 3 § 17-104. False registration. Any person who: 4 1. Registers or attempts to register as an elector in more than one 5 election district for the same election, or more than once in the same 6 election district; or[,] 7 2. Registers or attempts to register as an elector, knowing that he 8 will not be a qualified voter in the district at the election for which 9 such registration is made; or 10 3. Registers or attempts to register as an elector, when he or she is 11 not qualified due to lack of U.S. citizenship; or 12 4. Registers or attempts to register as an elector under any name but 13 his own; or 14 [4.] 5. Knowingly gives a false residence within the election district 15 when registering as an elector; or 16 [5.] 6. Knowingly permits, aids, assists, abets, procures, commands or 17 advises another to commit any such act, is guilty of a class E felony. 18 § 2. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of the 19 criminal procedure law, as added by section 2 of part JJJ of chapter 59 20 of the laws of 2019, are amended to read as follows: 21 (h) criminal contempt in the second degree as defined in subdivision 22 three of section 215.50 of the penal law, criminal contempt in the first 23 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 24 the penal law or aggravated criminal contempt as defined in section 25 215.52 of the penal law, and the underlying allegation of such charge of 26 criminal contempt in the second degree, criminal contempt in the first 27 degree or aggravated criminal contempt is that the defendant violated a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14693-05-0A. 9625 2 1 duly served order of protection where the protected party is a member of 2 the defendant's same family or household as defined in subdivision one 3 of section 530.11 of this [article] title; [or] 4 (i) facilitating a sexual performance by a child with a controlled 5 substance or alcohol as defined in section 263.30 of the penal law, use 6 of a child in a sexual performance as defined in section 263.05 of the 7 penal law or luring a child as defined in subdivision one of section 8 120.70 of the penal law; or 9 (j) a violation of subdivision three of section 17-104 of the election 10 law. 11 § 3. Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1 12 of section 530.20 of the criminal procedure law, as added by section 16 13 of part JJJ of chapter 59 of the laws of 2019, are amended to read as 14 follows: 15 (viii) criminal contempt in the second degree as defined in subdivi- 16 sion three of section 215.50 of the penal law, criminal contempt in the 17 first degree as defined in subdivision (b), (c) or (d) of section 215.51 18 of the penal law or aggravated criminal contempt as defined in section 19 215.52 of the penal law, and the underlying allegation of such charge of 20 criminal contempt in the second degree, criminal contempt in the first 21 degree or aggravated criminal contempt is that the defendant violated a 22 duly served order of protection where the protected party is a member of 23 the defendant's same family or household as defined in subdivision one 24 of section 530.11 of this article; [or] 25 (ix) facilitating a sexual performance by a child with a controlled 26 substance or alcohol as defined in section 263.30 of the penal law, use 27 of a child in a sexual performance as defined in section 263.05 of the 28 penal law or luring a child as defined in subdivision one of section 29 120.70 of the penal law; or 30 (x) a violation of subdivision three of section 17-104 of the election 31 law. 32 § 4. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of the 33 criminal procedure law, as added by section 18 of part JJJ of chapter 59 34 of the laws of 2019, are amended to read as follows: 35 (h) criminal contempt in the second degree as defined in subdivision 36 three of section 215.50 of the penal law, criminal contempt in the first 37 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 38 the penal law or aggravated criminal contempt as defined in section 39 215.52 of the penal law, and the underlying allegation of such charge of 40 criminal contempt in the second degree, criminal contempt in the first 41 degree or aggravated criminal contempt is that the defendant violated a 42 duly served order of protection where the protected party is a member of 43 the defendant's same family or household as defined in subdivision one 44 of section 530.11 of this article; [or] 45 (i) facilitating a sexual performance by a child with a controlled 46 substance or alcohol as defined in section 263.30 of the penal law, use 47 of a child in a sexual performance as defined in section 263.05 of the 48 penal law or luring a child as defined in subdivision one of section 49 120.70 of the penal law; or 50 (j) a violation of subdivision three of section 17-104 of the election 51 law. 52 § 5. This act shall take effect immediately.