Bill Text: NY S01961 | 2017-2018 | General Assembly | Introduced


Bill Title: Prohibits persons from holding public office or positions of political party leadership for a period of ten years when convicted of certain felonies and prohibits such persons from joining a political party for a period of five years following the completion of any sentence for such felony conviction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-11 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01961 Detail]

Download: New_York-2017-S01961-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1961
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the public officers law and the  civil  rights  law,  in
          relation  to  prohibiting  persons from holding public office or posi-
          tions of political party leadership when convicted of certain felonies
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The public officers law is amended by adding a new section
     2  3-d to read as follows:
     3    § 3-d. Restrictions upon holding public office; felony conviction.  1.
     4  No  person  shall  be capable of holding a civil office or a position of
     5  leadership in a political party for a period of ten years if he  or  she
     6  has  been  convicted of any felony under article one hundred forty-five,
     7  one hundred fifty-five, one hundred seventy, one  hundred  seventy-five,
     8  one  hundred  ninety-five,  two hundred, two hundred ten, or two hundred
     9  fifteen of the penal law.
    10    2. No person shall be capable of joining a political committee  for  a
    11  period  of  five  years  following  the completion of any sentence for a
    12  felony conviction under article  one  hundred  forty-five,  one  hundred
    13  fifty-five,  one  hundred seventy, one hundred seventy-five, one hundred
    14  ninety-five, two hundred, two hundred ten, or two hundred fifteen of the
    15  penal law, regardless of whether he or she has obtained a certificate of
    16  relief of disabilities from the division of criminal justice services.
    17    § 2. Subdivision 1 of section 79 of the civil rights law,  as  amended
    18  by chapter 687 of the laws of 1973, is amended to read as follows:
    19    1. Except as provided in subdivision two of this section a sentence of
    20  imprisonment  in a state correctional institution for any term less than
    21  for life or a sentence of imprisonment in a state correctional  institu-
    22  tion  for an indeterminate term, having a minimum of one day and a maxi-
    23  mum of natural life, forfeits all  the  public  offices,  and  suspends,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00903-01-7

        S. 1961                             2
     1  during  the  term of the sentence, all the civil rights, and all private
     2  trusts, authority, or powers of, or held by, the person  sentenced,  and
     3  forfeits  the right to hold public office or a position of leadership in
     4  a  political party for a period of ten years following the completion of
     5  any sentence for a felony conviction under article  one  hundred  forty-
     6  five,  one hundred fifty-five, one hundred seventy, one hundred seventy-
     7  five, one hundred ninety-five, two hundred,  two  hundred  ten,  or  two
     8  hundred  fifteen  of  the penal law, regardless of whether he or she has
     9  obtained a certificate of relief of disabilities from  the  division  of
    10  criminal justice services.
    11    § 3. This act shall take effect immediately.
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