Bill Text: NY S08640 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides that a person convicted of certain felonies or offenses may not hold civil office or a position of leadership in a political party; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-26 - REFERRED TO RULES [S08640 Detail]
Download: New_York-2019-S08640-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8640 IN SENATE June 26, 2020 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public officers law, in relation to disqualification for holding civil office or a position of leadership in a political party The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1-a of section 3 of the public officers law, as 2 added by section 31-b of subpart A of part H of chapter 55 of the laws 3 of 2014, is amended to read as follows: 4 1-a. [(i)] (a) No person shall be capable of holding a civil office 5 who shall stand convicted of: 6 (i) a felony defined in article two hundred or four hundred ninety-six 7 or section 195.20 of the penal law; 8 (ii) a felony, committed through the use of or in connection with such 9 position, defined in section 155.30 of the penal law (grand larceny in 10 the fourth degree); section 155.35 of the penal law (grand larceny in 11 the third degree); section 155.40 of the penal law (grand larceny in the 12 second degree); section 155.42 of the penal law (grand larceny in the 13 first degree); section 190.60 of the penal law (scheme to defraud in the 14 second degree); or section 190.65 of the penal law (scheme to defraud in 15 the first degree); 16 (iii) a felony, committed through the use of or in connection with 17 such position, under chapter 19, 31 or 63 of title 18 of the United 18 States Code; or 19 (iv) an offense, committed through the use of or in connection with 20 such position, in this or any other jurisdiction which includes all of 21 the essential elements of a felony described in subparagraph (i), (ii) 22 or (iii) of this paragraph. 23 (b) In addition to the disqualifications otherwise set forth in this 24 subdivision, no person shall be capable of holding a civil office, for a 25 period of ten years following the completion of any sentence, who stands 26 convicted of a felony defined in article one hundred seventy of the 27 penal law (forgery and related offenses), article one hundred seventy- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14994-02-0S. 8640 2 1 five of the penal law (false written statements), article two hundred 2 ten of the penal law (perjury and related offenses), article two hundred 3 fifteen of the penal law (other offenses relating to judicial and other 4 proceedings), a felony defined in chapter 47 of title 18 of the United 5 States Code, or an offense in this or any other jurisdiction which 6 includes all of the essential elements of any felony described in this 7 paragraph. 8 (c) In addition to the disqualifications otherwise set forth in this 9 subdivision, no person shall be capable of holding a position of leader- 10 ship in a political party who stands convicted of a crime set forth in 11 paragraph (a) or (b) of this subdivision, committed through the use of 12 or in connection with such position or public office, for a period of 13 ten years following the completion of any sentence. 14 (d) In addition to the disqualifications otherwise set forth in this 15 subdivision, no person shall be capable of joining a political committee 16 who stands convicted of a crime set forth in paragraph (a), (b) or (c) 17 of this subdivision, committed through the use of or in connection with 18 such position or public office, for a period of five years following the 19 completion of any sentence. 20 (e) The granting of a certificate of relief from disabilities or 21 certificate of good conduct, pursuant to article twenty-three-A of the 22 correction law, shall not affect the disqualifications set forth in this 23 subdivision. 24 [(ii) Any individual] (f) In addition to the disqualifications other- 25 wise set forth in this subdivision, no person shall be capable of hold- 26 ing civil office for a period of five years following the completion of 27 any sentence who stands convicted of: a misdemeanor defined in article 28 two hundred, article four hundred ninety-six or section 195.00 of the 29 penal law [may not hold civil office for a period of five years from the30date of conviction], provided that in the event such conviction is the 31 result of a plea agreement resulting in a plea to such charge in lieu of 32 a plea or conviction of a felony defined in section 195.20, article two 33 hundred or article four hundred ninety-six of the penal law, or a felony 34 described in paragraph (a), (b) or (c) of this subdivision, or an 35 offense described in paragraph (d) of this subdivision, all parties to 36 such agreement may agree that the period of such bar may be for a period 37 of up to ten years from [the date of conviction] completion of sentence. 38 § 2. If any part of provision of this act is adjudged by a court of 39 competent jurisdiction to be unconstitutional or otherwise invalid, such 40 judgment shall not affect or impair any other part or provision of this 41 act, but shall be confined in its operation to such part or provision. 42 § 3. This act shall take effect immediately and shall apply to 43 convictions entered before, on or after such date.
