Bill Text: NY S00960 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to voting and registration for voting by convicted felons; provides such convicted felons may vote if such person's maximum sentence of imprisonment has expired, or such person is serving a term of parole, presumptive release, conditional release or post-release supervision.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ELECTIONS [S00960 Detail]

Download: New_York-2017-S00960-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           960
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 5, 2017
                                       ___________
        Introduced  by Sens. COMRIE, MONTGOMERY, PARKER, PERKINS, RIVERA -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Elections
        AN  ACT to amend the election law and the correction law, in relation to
          voting by convicted felons
          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 5-106 of the election law, as
     2  amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
     3  follows:
     4    2.  No  person  who  has been convicted of a felony and sentenced to a
     5  period of imprisonment for such felony pursuant  to  the  laws  of  this
     6  state,  shall  have  the  right  to register for or vote at any election
     7  unless he [shall have been pardoned or restored to the rights  of  citi-
     8  zenship  by  the  governor,  or his maximum sentence of imprisonment has
     9  expired, or he has been discharged from parole. The  governor,  however,
    10  may  attach  as a condition to any such pardon a provision that any such
    11  person shall not have the right of suffrage until  it  shall  have  been
    12  separately  restored to him] or she has been released from incarceration
    13  for such felony or released from serving a time assessment  pursuant  to
    14  subparagraph  (x)  of  paragraph (f) of subdivision three of section two
    15  hundred fifty-nine-i of the executive law.
    16    § 2. Subdivision 3 of section 5-106 of the election law is amended  to
    17  read as follows:
    18    3.  No  person who has been convicted in a federal court, of a felony,
    19  or a crime or offense which would constitute a felony under the laws  of
    20  this  state,  and sentenced to a period of imprisonment for such felony,
    21  shall have the right to register for or vote at any election  unless  he
    22  [shall  have  been  pardoned or restored to the rights of citizenship by
    23  the president of the United States, or his maximum sentence of imprison-
    24  ment has expired, or he has been discharged from parole] or she has been
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00170-01-7

        S. 960                              2
     1  released from incarceration for such felony or released from  serving  a
     2  time  assessment  pursuant  to  a  violation of parole supervision under
     3  federal jurisdiction.
     4    §  3. Subdivision 4 of section 5-106 of the election law is amended to
     5  read as follows:
     6    4. No person who has been convicted in another state for  a  crime  or
     7  offense which would constitute a felony under the laws of this state and
     8  sentenced  to  a  period of imprisonment for such felony, shall have the
     9  right to register for or vote at any election in this  state  unless  he
    10  shall have been pardoned or restored to the rights of citizenship by the
    11  governor  or  other  appropriate  authority  of such other state, or his
    12  maximum sentence has expired, or he [has been discharged from parole] or
    13  she has been released from incarceration for  such  felony  or  released
    14  from  serving  a  time  assessment for a violation of parole supervision
    15  under the jurisdiction of courts, paroling authorities,  corrections  or
    16  other criminal justice agencies.
    17    §  4.  Section  75  of the correction law, as amended by section 18 of
    18  subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
    19  read as follows:
    20    §  75.  Notice  of  voting rights. Upon the [discharge] release from a
    21  correctional facility of any person [whose maximum sentence of imprison-
    22  ment has expired or upon a  person's  discharge  from  community  super-
    23  vision,]  the department shall notify such person of his or her right to
    24  vote and provide such person with a form of application for voter regis-
    25  tration together with written information distributed by  the  board  of
    26  elections on the importance and the mechanics of voting.
    27    § 5. The correction law is amended by adding a new section 510 to read
    28  as follows:
    29    § 510. Voting upon release. Upon the release from a local correctional
    30  facility  of  any  person convicted of a felony the chief administrative
    31  officer shall notify such person of his or her right to vote and provide
    32  such person with a form of application for voter  registration  together
    33  with  written  information  distributed by the board of elections on the
    34  importance and the mechanics of voting.
    35    § 6. The department of corrections  and  community  supervision  shall
    36  notify  each  person  serving  a  period of community supervision on the
    37  effective date of this act of his or her right to vote and provide  such
    38  person  with  a form of application for voter registration together with
    39  written information distributed by the board of elections on the  impor-
    40  tance and the mechanics of voting.
    41    §  7.  This act shall take effect immediately, provided, however, that
    42  sections four, five, and six of this act shall take effect  on  the  one
    43  hundred twentieth day after it shall have become a law.
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