Bill Text: NY A04788 | 2017-2018 | General Assembly | Amended
Bill Title: Prohibits level two or three sex offenders from voting at a school or facility for children.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-01-30 - print number 4788a [A04788 Detail]
Download: New_York-2017-A04788-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4788--A 2017-2018 Regular Sessions IN ASSEMBLY February 3, 2017 ___________ Introduced by M. of A. NORRIS -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, the election law and the education law, in relation to voting by level two or level three sex offenders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding two new sections 145.75 2 and 145.80 to read as follows: 3 § 145.75 Unlawfully entering or remaining in a school or facility for 4 children for the purposes of voting in the second degree. 5 1. A person is guilty of unlawfully entering or remaining in a school 6 or facility for children for the purposes of voting in the second 7 degree, when being a level two or level three sex offender, he or she 8 enters or remains in a school or facility for children for the purposes 9 of casting a ballot or otherwise voting during any primary, general, 10 special, school district or other election in which residents, regis- 11 tered or qualified voters are entitled to cast ballots. 12 2. For the purposes of this section: (a) "level two or level three sex 13 offender" shall mean a person registered or required to register under 14 section one hundred sixty-eight-f of the correction law who has received 15 a level two or level three designation pursuant to section one hundred 16 sixty-eight-l of the correction law; and (b) "school or facility for 17 children" shall mean a building, structure, athletic playing field, 18 playground or land contained within the real property boundary line of a 19 public or private elementary, parochial, intermediate, junior high, 20 vocational, or high school, or any other facility or institution prima- 21 rily used for the care or treatment of persons under the age of eighteen 22 while one or more of such persons under the age of eighteen are present. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04520-03-8A. 4788--A 2 1 Unlawfully entering or remaining in a school or facility for children 2 for the purposes of voting in the second degree is a class A misdemea- 3 nor. 4 § 145.80 Unlawfully entering or remaining in a school or facility for 5 children for the purposes of voting in the first degree. 6 A person is guilty of unlawfully entering or remaining in a school or 7 facility for children for the purposes of voting in the first degree 8 when he or she commits the crime of unlawfully entering or remaining in 9 a school or facility for children for the purposes of voting in the 10 second degree, having previously been convicted of such crime within the 11 preceding ten years. 12 Unlawfully entering or remaining in a school or facility for children 13 for the purposes of voting in the first degree is a class E felony. 14 § 2. Paragraph (d) of subdivision 1 of section 8-400 of the election 15 law, as amended by chapter 63 of the laws of 2010, is amended and a new 16 paragraph (e) is added to read as follows: 17 (d) absent from his or her voting residence because he or she is 18 detained in jail awaiting action by a grand jury or awaiting trial, or 19 confined in jail or prison after a conviction for an offense other than 20 a felony, provided that he or she is qualified to vote in the election 21 district of his or her residence[.]; or 22 (e) prohibited from appearing personally at the polling place of the 23 election district in which he or she is a qualified voter because he or 24 she is a level two or level three sex offender and such polling place is 25 located on or within a school or facility for children as the terms 26 "level two and level three sex offender" and "school or facility for 27 children" are defined in section 145.75 of the penal law. 28 § 3. Subparagraph (iv) of paragraph (c) of subdivision 3 of section 29 8-400 of the election law, as amended by chapter 63 of the laws of 2010, 30 is amended and a new subparagraph (v) is added to read as follows: 31 (iv) detained in jail awaiting action by a grand jury or awaiting 32 trial or confined in jail or prison after a conviction for an offense 33 other than a felony and stating the place where he or she is so detained 34 or confined[.]; or 35 (v) prohibited from appearing personally at the polling place of the 36 election district in which he or she is a qualified voter because he or 37 she is a level two or level three sex offender and such polling place is 38 located on or within a school or facility for children as the terms 39 "level two and level three sex offender" and "school or facility for 40 children" are defined in section 145.75 of the penal law. 41 § 4. Section 8-400 of the election law is amended by adding a new 42 subdivision 11 to read as follows: 43 11. Sixty days before each election the board of elections shall 44 compile a list of all level two and level three registered sex offenders 45 entitled to receive absentee ballots pursuant to the provisions of this 46 section. The board of elections shall, by mail addressed to such sex 47 offender at his or her registered address, send an absentee ballot for 48 the ensuing election to such person in the same manner as provided in 49 this section for a qualified voter entitled to an absentee ballot 50 because of illness or disability. 51 § 5. Subdivision 2 of section 2018-a of the education law, as added by 52 chapter 219 of the laws of 1978, paragraphs a and b as amended by chap- 53 ter 136 of the laws of 1991, paragraph c as amended by chapter 26 of the 54 laws of 1994, paragraph d as amended by chapter 72 of the laws of 1988 55 and paragraph g as amended by chapter 825 of the laws of 1984, is 56 amended to read as follows:A. 4788--A 3 1 2. a. An applicant for such an absentee ballot shall submit an appli- 2 cation setting forth (1) his or her name and residence address, includ- 3 ing the street and number, if any, or town and rural delivery route, if 4 any; (2) that he or she is or will be, on the day of the school district 5 election, a qualified voter of the school district in which he or she 6 resides in that he or she is or will be, on such date, over eighteen 7 years of age, a citizen of the United States and has or will have 8 resided in the district for thirty days next preceding such date; (3) 9 whether he or she is registered in the district; and (4) that he or she 10 will be unable to appear to vote in person on the day of the school 11 district election for which the absentee ballot is requested because he 12 or she is, or will be on such day (a) a patient in a hospital, or unable 13 to appear personally at the polling place on such day because of illness 14 or physical disability [or]; (b) because his or her duties, occupation, 15 business, or studies will require him or her to be outside of the county 16 or city of his or her residence on such day[,]; (c) because he or she 17 will be on vacation outside the county or city of his or her residence 18 on such day; [or,] (d) absent from his voting residence because he or 19 she is detained in jail awaiting action by a grand jury or awaiting 20 trial or is confined in prison after conviction for an offense other 21 than a felony; or (e) prohibited from appearing personally at the poll- 22 ing place of the election district in which he or she is a qualified 23 voter because he or she is a level two or level three sex offender and 24 such polling place is located on or within a school or facility for 25 children as the terms "level two and level three sex offender" and 26 "school or facility for children" are defined in section 145.75 of the 27 penal law. 28 Such application must be received by the district clerk at least seven 29 days before the election if the ballot is to be mailed to the voter, or 30 the day before the election, if the ballot is to be delivered personally 31 to the voter. 32 b. (1) Where such duties, occupation, business, or studies are of such 33 a nature as ordinarily to require such absence, a brief description of 34 such duties, occupation, business, or studies shall be set forth in such 35 application. (2) Where such duties, occupation, business, or studies are 36 not of such a nature as ordinarily to require such absence, such appli- 37 cation shall contain a statement of the special circumstances on account 38 of which such absence is required. 39 c. Where the applicant expects in good faith to be absent on the day 40 of the election because he or she will be on vacation elsewhere on such 41 day, such application shall also contain the dates upon which he or she 42 expects to begin and end such vacation, the place or places where he or 43 she expects to be on such vacation, the name and address of his or her 44 employer, if any, and if self-employed or retired, a statement to that 45 effect. 46 d. Where the absence is because of detention or confinement to jail, 47 such application shall state whether the voter is detained awaiting 48 action of the grand jury or is confined after conviction for an offense 49 other than a felony. 50 e. Where the applicant indicates he or she is prohibited from appear- 51 ing personally at the polling place of the election district in which he 52 or she is a qualified voter because he or she is a level two or level 53 three sex offender and such polling place is located on or within a 54 school or facility for children as the terms "level two and level three 55 sex offender" and "school or facility for children" are defined in 56 section 145.75 of the penal law such application shall state whether orA. 4788--A 4 1 not the voter is currently under a sentence of imprisonment for a felony 2 or on parole. 3 f. Where a person is or would be, if he or she were a qualified voter, 4 entitled to apply for the right to vote by absentee ballot under the 5 provisions of this section, his or her spouse, parent or child, if a 6 qualified voter and a resident of the same school district, shall be 7 entitled to vote as an absentee voter upon personally making and signing 8 an application in accordance with the preceding provisions of this 9 subdivision and showing that he or she expects to be absent from the 10 school district on the day of the school district election by reason of 11 accompanying or being with the spouse, child or parent who is or would 12 be, if he or she were a qualified voter, so entitled to apply for the 13 right to vote by absentee ballot, and, in the event no application is 14 made by such spouse, child or parent, such further information as the 15 board of registration shall require. 16 [f.] g. Such application shall include the following statement to be 17 signed by the voter. 18 I hereby declare that the foregoing is a true statement to the best of 19 my knowledge and belief, and I understand that if I make any material 20 false statement in the foregoing statement of application for absentee 21 ballots, I shall be guilty of a misdemeanor. 22 Date.....................Signature of Voter ............................ 23 [g.] h. An applicant whose ability to appear personally at the polling 24 place of the school district of which he or she is a qualified voter is 25 substantially impaired by reason of permanent illness or physical disa- 26 bility and whose registration record has been marked "permanently disa- 27 bled" by the board of elections pursuant to the provisions of the 28 election law shall be entitled to receive an absentee ballot pursuant to 29 the provisions of this section without making separate application for 30 such absentee ballot, and the board of registration upon being advised 31 by the board of elections on or with the list of registered voters that 32 the registration record of a voter is marked "permanently disabled" 33 shall send an absentee ballot to such voter at his or her last known 34 address with a request to the postal authorities not to forward same but 35 to return same in five days in the event that it cannot be delivered to 36 the addressee. The board of education shall determine whether such 37 ballot shall be sent by first class or by certified mail. All such 38 ballots shall be mailed in the same manner as determined by the board of 39 education. The board of registration shall make an appropriate entry on 40 the registration indicating the fact that an absentee ballot has been 41 sent and the date of mailing. 42 § 6. Subdivision 2 of section 2018-b of the education law, as amended 43 by chapter 46 of the laws of 1992 and paragraph c as amended by chapter 44 26 of the laws of 1994, is amended to read as follows: 45 2. a. An applicant for such an absentee ballot shall submit an appli- 46 cation setting forth (1) his or her name and residence address, includ- 47 ing the street and number, if any, or town and rural delivery route, if 48 any; (2) that he or she is or will be, on the day of the school district 49 election, a qualified voter of the school district in which he or she 50 resides in that he or she is or will be, on such date, over eighteen 51 years of age, a citizen of the United States and has or will have 52 resided in the district for thirty days next preceding such date; and 53 (3) that he or she will be unable to appear to vote in person on the day 54 of the school district election for which the absentee ballot isA. 4788--A 5 1 requested because he or she is, or will be on such day (a) a patient in 2 a hospital, or unable to appear personally at the polling place on such 3 day because of illness or physical disability [or]; (b) because his or 4 her duties, occupation, business, or studies will require him or her to 5 be outside of the county or city of his residence on such day[,]; (c) 6 because he or she will be on vacation outside the county or city of his 7 or her residence on such day; [or,] (d) absent from his or her voting 8 residence because he or she is detained in jail awaiting action by a 9 grand jury or awaiting trial or is confined in prison after conviction 10 for an offense other than a felony; or (e) prohibited from appearing 11 personally at the polling place of the election district in which he or 12 she is a qualified voter because he or she is a level two or level three 13 sex offender and such polling place is located on or within a school or 14 facility for children as the terms "level two and level three sex offen- 15 der" and "school or facility for children" are defined in section 145.75 16 of the penal law. 17 Such application must be received by the district clerk or designee of 18 the trustees or school board at least seven days before the election if 19 the ballot is to be mailed to the voter, or the day before the election, 20 if the ballot is to be delivered personally to the voter. 21 b. (1) Where such duties, occupation, business, or studies are of such 22 a nature as ordinarily to require such absence, a brief description of 23 such duties, occupation, business, or studies shall be set forth in such 24 application. 25 (2) Where such duties, occupation, business, or studies are not of 26 such a nature as ordinarily to require such absence, such application 27 shall contain a statement of the special circumstances on account of 28 which such absence is required. 29 c. Where the applicant expects in good faith to be absent on the day 30 of the election because he or she will be on vacation elsewhere on such 31 day, such application shall also contain the dates upon which he or she 32 expects to begin and end such vacation, the place or places where he or 33 she expects to be on such vacation, the name and address of his or her 34 employer, if any, and if self-employed or retired, a statement to that 35 effect. 36 d. Where the absence is because of detention or confinement to jail, 37 such application shall state whether the voter is detained awaiting 38 action of the grand jury or is confined after conviction for an offense 39 other than a felony. 40 e. Where the applicant indicates that he or she is prohibited from 41 appearing personally at the polling place of the election district in 42 which he or she is a qualified voter because he or she is a level two or 43 level three sex offender and such polling place is located on or within 44 a school or facility for children as the terms "level two and level 45 three sex offender" and "school or facility for children" are defined in 46 section 145.75 of the penal law such application shall state whether or 47 not the voter is currently under a sentence of imprisonment for a felony 48 or on parole. 49 f. Where a person is or would be, if he or she were a qualified voter, 50 entitled to apply for the right to vote by absentee ballot under the 51 provisions of this section, his or her spouse, parent or child, if a 52 qualified voter and a resident of the same school district, shall be 53 entitled to vote as an absentee voter upon personally making and signing 54 an application in accordance with the preceding provisions of this 55 subdivision and showing that he or she expects to be absent from the 56 school district on the day of the school district election by reason ofA. 4788--A 6 1 accompanying or being with the spouse, child or parent who is or would 2 be, if he or she were a qualified voter, so entitled to apply for the 3 right to vote by absentee ballot, and, in the event no application is 4 made by such spouse, child or parent, such further information as the 5 clerk of the school district or designee of the trustees or school board 6 shall require. 7 [f.] g. Such application shall include the following statement to be 8 signed by the voter. 9 I hereby declare that the foregoing is a true statement to the best of 10 my knowledge and belief, and I understand that if I make any material 11 false statement in the foregoing statement of application for absentee 12 ballots, I shall be guilty of a misdemeanor. 13 Date......................Signature of Voter ........................... 14 [g.] h. The clerk of the school district or a designee of the trustees 15 or school board shall request registration lists from the board of 16 elections pursuant to subdivision three of section 5-612 of the election 17 law for those voters whose registration record has been marked "perma- 18 nently disabled". An applicant whose ability to appear personally at the 19 polling place of the school district of which he or she is a qualified 20 voter is substantially impaired by reason of permanent illness or phys- 21 ical disability and whose registration record has been marked "perma- 22 nently disabled" as determined by the board of elections pursuant to the 23 provisions of this chapter and who has previously applied for an absen- 24 tee ballot shall be entitled to receive subsequent absentee ballots 25 pursuant to the provisions of this section without making separate 26 application for such absentee ballot, and the clerk of the school 27 district or a designee of the trustees or school board shall send an 28 absentee ballot to such voter at his or her last known address with a 29 request to the postal authorities not to forward same but to return same 30 in five days in the event that it cannot be delivered to the addressee. 31 The clerk of the school district or a designee of the trustees or school 32 board shall determine whether such ballot shall be sent by first class 33 or by certified mail. All such ballots shall be mailed in the same 34 manner as determined by the trustees or the board of education. 35 § 7. The election law is amended by adding a new section 17-172 to 36 read as follows: 37 § 17-172. Immunity and defense for poll workers and others related to 38 admittance of sex offenders to polling places. 1. No person shall be 39 civilly liable for refusing admittance of a level two or level three sex 40 offender to a polling place which is or is within a school or facility 41 for children as those terms are defined in section 145.75 of the penal 42 law, when such person is acting in good faith and in the performance of 43 their duties. For the purposes of this section, a person shall be deemed 44 to be acting in good faith if the name and address or name and approxi- 45 mate address based on zip code of the voter refused admission appears on 46 a list of level two or level three sex offenders provided by a board of 47 elections or the division of criminal justice services. 48 2. It shall be an affirmative defense to any charge of violating the 49 elective franchise of a voter based upon the refusing of admittance of a 50 level two or level three sex offender to a polling place which is or is 51 within a school or facility for children as those terms are defined in 52 section 145.75 of the penal law, that the name and address or name and 53 approximate address based on zip code of the voter refused admissionA. 4788--A 7 1 appears on a list of level two or level three sex offenders provided by 2 a board of elections or the division of criminal justice services. 3 § 8. This act shall take effect immediately and shall apply to 4 elections held on and after January 1, 2019, provided that the state 5 board of elections shall be authorized to promulgate any rules, regu- 6 lations, forms, or notices required to carry out the provisions of this 7 act prior to such effective date.
