Bill Text: NY S00210 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 210 (Prior Session Legislation)

Introduced

Bill Title: Conforms the punishment for crimes under the election law to similar crimes in the penal law; provides that all misdemeanors under article 17 shall be class A misdemeanors, and all felonies shall be class E felonies within the meaning of S55.10 of the penal law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ELECTIONS [S00210 Detail]

Download: New_York-2009-S00210-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          210
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       AN ACT to amend the election law, in relation to criminal penalties  for
         election misconduct
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 14-126 of  the  election  law,  as
    2  amended  by chapter 8 of the laws of 1978 and as redesignated by chapter
    3  9 of the laws of 1978, is amended to read as follows:
    4    2. Any person who knowingly and willfully fails to  file  a  statement
    5  required  to  be  filed  by  this article within ten days after the date
    6  provided for  filing  such  statement  [or]  AND,  EXCEPT  AS  OTHERWISE
    7  PROVIDED  IN  THIS  SECTION,  any  person  who  knowingly  and willfully
    8  violates any other provision of this article shall be guilty of a misde-
    9  meanor.
   10    S 2. Section 17-166 of the election law is amended to read as follows:
   11    S 17-166.  Penalty.  [Any person convicted of a misdemeanor under this
   12  article shall for a first offense be punished by  imprisonment  for  not
   13  more  than  one  year, or by a fine of not less than one hundred dollars
   14  nor more than five hundred dollars, or by both such fine  and  imprison-
   15  ment.] ALL MISDEMEANORS UNDER THIS ARTICLE SHALL BE CLASS A MISDEMEANORS
   16  AND ALL FELONIES UNDER THIS ARTICLE SHALL BE CLASS E FELONIES WITHIN THE
   17  MEANING  OF  SECTION 55.10 OF THE PENAL LAW. Any person who, having been
   18  convicted of a [misdemeanor] CRIME under this article, shall  thereafter
   19  be  convicted of another misdemeanor under this article, shall be guilty
   20  of a felony.
   21    S 3. This act shall take effect immediately  provided,  however,  that
   22  section  two of this act shall take effect on the first of November next
   23  succeeding the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03113-01-9