A04448 Summary:

BILL NOA04448A
 
SAME ASSAME AS S00830-B
 
SPONSORO'Donnell
 
COSPNSRWalker, Weprin, Carroll, Jean-Pierre, Quart, Gottfried, Barron, Rosenthal L, Simon, Dinowitz, De La Rosa, Abinanti, Seawright, Rozic, Perry, Niou, Epstein, Cruz, Fernandez, Bichotte Hermelyn, Anderson, Kelles, Gallagher, Jacobson, Burgos, Forrest, Otis, Mamdani, Jackson, Dickens, Meeks, Clark, Mitaynes, Sayegh, Cook, Gonzalez-Rojas, Taylor, McDonald, Darling, Zinerman, Burdick, Benedetto, Peoples-Stokes, Richardson, Hyndman, Lupardo
 
MLTSPNSRGalef, Hevesi, Magnarelli, Paulin, Pretlow, Thiele
 
Amd §§5-106, 8-504 & 3-102, rpld §8-504 sub 5, El L; amd §220.50, CP L; amd §259-i, Exec L; amd §75, add §§510 & 209, Cor L
 
Relates to voting and registration for voting by formerly incarcerated individuals convicted of a felony.
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A04448 Actions:

BILL NOA04448A
 
02/04/2021referred to election law
02/19/2021amend (t) and recommit to election law
02/19/2021print number 4448a
03/01/2021reported
03/04/2021advanced to third reading cal.147
03/10/2021substituted by s830b
 S00830 AMEND=B COMRIE
 01/06/2021REFERRED TO ELECTIONS
 01/20/2021AMEND (T) AND RECOMMIT TO ELECTIONS
 01/20/2021PRINT NUMBER 830A
 02/18/2021COMMITTEE DISCHARGED AND COMMITTED TO CRIME VICTIMS, CRIME AND CORRECTION
 02/21/2021AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
 02/21/2021PRINT NUMBER 830B
 02/22/2021REPORTED AND COMMITTED TO RULES
 02/22/2021ORDERED TO THIRD READING CAL.368
 02/24/2021PASSED SENATE
 02/24/2021DELIVERED TO ASSEMBLY
 02/24/2021referred to election law
 03/10/2021substituted for a4448a
 03/10/2021ordered to third reading cal.147
 04/21/2021passed assembly
 04/21/2021returned to senate
 04/22/2021DELIVERED TO GOVERNOR
 05/04/2021SIGNED CHAP.103
 05/04/2021APPROVAL MEMO.6
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A04448 Committee Votes:

ELECTION LAW Chair:Walker DATE:03/01/2021AYE/NAY:11/4 Action: Favorable
WalkerAyeNorrisNay
GalefAyeBrabenecNay
DinowitzAyeMikulinNay
CarrollAyeTagueNay
TaylorAye
JacobsonAye
SillittiAye
MamdaniAye
BurgosAye
GallagherAye
RiveraAye

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A04448 Floor Votes:

There are no votes for this bill in this legislative session.
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A04448 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4448--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced  by M. of A. O'DONNELL, WALKER, WEPRIN, CARROLL, JEAN-PIERRE,
          QUART, GOTTFRIED, BARRON, L. ROSENTHAL, SIMON,  DINOWITZ,  DE LA ROSA,
          ABINANTI,  SEAWRIGHT,  ROZIC,  PERRY,  NIOU, EPSTEIN, CRUZ, FERNANDEZ,
          BICHOTTE HERMELYN, ANDERSON, KELLES, GALLAGHER --  Multi-Sponsored  by
          --  M.  of A. HEVESI, MAGNARELLI, PAULIN, PRETLOW, THIELE -- read once
          and referred to the Committee on Election Law -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN ACT to amend the election law, the criminal procedure law, the execu-
          tive  law,  and  the correction law, in relation to voting by formerly
          incarcerated individuals convicted of a felony; and to repeal  certain
          provisions of the election law relating thereto
 
          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] while he or she  is  incarcerated  for  such
    13  felony.
    14    §  2. Subdivision 3 of section 5-106 of the election law is amended to
    15  read as follows:
    16    3. No person who has been convicted in a federal court, of  a  felony,
    17  or  a crime or offense which would constitute a felony under the laws of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05828-09-1

        A. 4448--A                          2
 
     1  this state, and sentenced to a period of imprisonment for  such  felony,
     2  shall  have the right to register for or vote at any election [unless he
     3  shall have been pardoned or restored to the rights of citizenship by the
     4  president  of the United States, or his maximum sentence of imprisonment
     5  has expired, or he has been discharged from parole] while he or  she  is
     6  incarcerated for such felony.
     7    §  3. Subdivision 4 of section 5-106 of the election law is amended to
     8  read as follows:
     9    4. No person who has been convicted in another state for  a  crime  or
    10  offense which would constitute a felony under the laws of this state and
    11  sentenced  to  a  period of imprisonment for such felony, shall have the
    12  right to register for or vote at any election in this state  [unless  he
    13  shall have been pardoned or restored to the rights of citizenship by the
    14  governor  or  other  appropriate  authority  of such other state, or his
    15  maximum sentence has expired, or he has  been  discharged  from  parole]
    16  while he or she is incarcerated for such felony.
    17    §  4.  Subdivision  5 of section 8-504 of the election law is REPEALED
    18  and subdivisions 6, 7, and 8, subdivisions 7  and  8  as  renumbered  by
    19  chapter  373  of the laws of 1978, are renumbered subdivisions 5, 6, and
    20  7.
    21    § 5. Section 220.50 of the criminal procedure law is amended by adding
    22  a new subdivision 8 to read as follows:
    23    8. Prior to accepting a defendant's plea  of  guilty  to  a  count  or
    24  counts of an indictment or a superior court information charging a felo-
    25  ny  offense,  the  court  must  advise  the defendant on the record that
    26  conviction will result in loss of the right to vote while the  defendant
    27  is  serving  a  felony  sentence in a correctional facility and that the
    28  right to vote will be restored upon the defendant's release.
    29    § 6. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
    30  259-i of the executive law, as amended by section 38-f-1 of subpart A of
    31  part C of chapter 62 of the laws of 2011, is amended to read as follows:
    32    (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
    33  least one month prior to the date on which  an  inmate  may  be  paroled
    34  pursuant  to subdivision one of section 70.40 of the penal law, a member
    35  or members as determined by the rules  of  the  board  shall  personally
    36  interview  such inmate and determine whether he or she should be paroled
    37  in accordance with the guidelines adopted pursuant to  subdivision  four
    38  of  section  two  hundred fifty-nine-c of this article. If parole is not
    39  granted upon such review, the inmate shall be informed in writing within
    40  two weeks of such appearance of the factors and reasons for such  denial
    41  of  parole.  Such reasons shall be given in detail and not in conclusory
    42  terms. The board shall specify a date not more than  twenty-four  months
    43  from  such  determination  for reconsideration, and the procedures to be
    44  followed upon reconsideration shall  be  the  same.  If  the  inmate  is
    45  released,  he  or she shall be given a copy of the conditions of parole.
    46  Such conditions shall where appropriate, include a requirement that  the
    47  parolee  comply  with  any  restitution  order, mandatory surcharge, sex
    48  offender registration fee and DNA databank fee previously imposed  by  a
    49  court  of competent jurisdiction that applies to the parolee. The condi-
    50  tions shall indicate which  restitution  collection  agency  established
    51  under subdivision eight of section 420.10 of the criminal procedure law,
    52  shall be responsible for collection of restitution, mandatory surcharge,
    53  sex  offender registration fees and DNA databank fees as provided for in
    54  section 60.35 of the penal law and section eighteen hundred nine of  the
    55  vehicle  and  traffic  law.   If the inmate is released, he or she shall

        A. 4448--A                          3
 
     1  also be notified in writing that  his  or  her  voting  rights  will  be
     2  restored upon release.
     3    §  7. Paragraph (a) of subdivision 2 of section 259-i of the executive
     4  law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
     5  of the laws of 2011, is amended to read as follows:
     6    (a)  At  least one month prior to the expiration of the minimum period
     7  or periods of imprisonment fixed by the court  or  board,  a  member  or
     8  members  as determined by the rules of the board shall personally inter-
     9  view an inmate serving an indeterminate sentence and  determine  whether
    10  he  or  she should be paroled at the expiration of the minimum period or
    11  periods in accordance with the procedures adopted pursuant  to  subdivi-
    12  sion  four of section two hundred fifty-nine-c. If parole is not granted
    13  upon such review, the inmate shall be informed  in  writing  within  two
    14  weeks  of  such appearance of the factors and reasons for such denial of
    15  parole. Such reasons shall be given in  detail  and  not  in  conclusory
    16  terms.  The  board shall specify a date not more than twenty-four months
    17  from such determination for reconsideration, and the  procedures  to  be
    18  followed  upon  reconsideration  shall  be  the  same.  If the inmate is
    19  released, he or she shall be given a copy of the conditions  of  parole.
    20  Such  conditions shall where appropriate, include a requirement that the
    21  parolee comply with any restitution order and mandatory surcharge previ-
    22  ously imposed by a court of competent jurisdiction that applies  to  the
    23  parolee.  The  conditions  shall  indicate  which restitution collection
    24  agency established under subdivision eight  of  section  420.10  of  the
    25  criminal  procedure law, shall be responsible for collection of restitu-
    26  tion and mandatory surcharge as provided for in  section  60.35  of  the
    27  penal  law  and section eighteen hundred nine of the vehicle and traffic
    28  law. If the inmate is released, he or she  shall  also  be  notified  in
    29  writing that his or her voting rights will be restored upon release.
    30    §  8.  Subparagraph  (xi) of paragraph (f) of subdivision 3 of section
    31  259-i of the executive law, as amended by section 11 of part E of  chap-
    32  ter 62 of the laws of 2003, is amended to read as follows:
    33    (xi)  If the presiding officer sustains any violations, he or she must
    34  prepare a written statement, to be made available to the alleged  viola-
    35  tor  and his or her counsel, indicating the evidence relied upon and the
    36  reasons for revoking presumptive release, parole, conditional release or
    37  post-release supervision, and for the disposition  made.  The  presiding
    38  officer  shall  also  advise the alleged violator in a written statement
    39  that revocation will result in loss of the right to vote while he or she
    40  is serving the remainder of his or her felony sentence in a correctional
    41  facility and that the right to vote will be restored  upon  his  or  her
    42  release.
    43    §  9.  Section  75  of the correction law, as amended by section 18 of
    44  subpart A of part C of chapter 62 of the laws of  2011,  is  amended  to
    45  read as follows:
    46    § 75. Notice of voting rights. [Upon] Prior to the [discharge] release
    47  from  a  correctional  facility of any person [whose maximum sentence of
    48  imprisonment has expired or upon a  person's  discharge  from  community
    49  supervision,]  the  department  shall  notify such person [of his or her
    50  right to vote] verbally and in writing, that his or  her  voting  rights
    51  will  be  restored  upon  release and provide such person with a form of
    52  application for voter registration [together  with]  and  a  declination
    53  form,  offer such person assistance in filling out the appropriate form,
    54  and provide such person written information distributed by the board  of
    55  elections  on the importance and the mechanics of voting.  Upon release,
    56  such person may choose to either submit his or her completed application

        A. 4448--A                          4
 
     1  to the state board or county board where such person resides or have the
     2  department transmit it on his or her behalf.  Where such person  chooses
     3  to  have  the  department transmit the application, the department shall
     4  transmit  the  completed  application  upon such person's release to the
     5  state board or county board where such person resides.
     6    § 10. The correction law is amended by adding a  new  section  510  to
     7  read as follows:
     8    §  510. Voting upon release. Prior to the release from a local correc-
     9  tional facility of any person convicted of a felony the  chief  adminis-
    10  trative  officer  shall  notify such person verbally and in writing that
    11  his or her voting rights will be restored upon release and provide  such
    12  person  with a form of application for voter registration and a declina-
    13  tion form, offer such person assistance in filling out  the  appropriate
    14  form,  and  provide  such  person written information distributed by the
    15  board of elections on the importance and the mechanics of  voting.  Upon
    16  release,  such  person  may choose to either submit his or her completed
    17  application to the state board or county board where such person resides
    18  or have the department transmit it on his or her  behalf.    Where  such
    19  person  chooses  to  have  the  department transmit the application, the
    20  chief administrative officer shall transmit  the  completed  application
    21  upon such person's release to the state board or county board where such
    22  person resides.
    23    §  11.  The  correction  law is amended by adding a new section 209 to
    24  read as follows:
    25    § 209. Notice of voting  rights.  The  department  shall  notify  each
    26  person serving a period of community supervision verbally and in writing
    27  of  his  or  her  right  to  vote and provide such person with a form of
    28  application for voter registration and a declination  form,  offer  such
    29  person  assistance in filling out the appropriate form, and provide such
    30  person written information distributed by the board of elections on  the
    31  importance and the mechanics of voting. Such person may choose to either
    32  submit  his  or  her  completed application to the state board or county
    33  board where such person resides or have the department  transmit  it  on
    34  his  or  her  behalf.   Where such person chooses to have the department
    35  transmit the application, the department shall  transmit  the  completed
    36  application  to  the  state  board  or  county  board  where such person
    37  resides.
    38    § 12. Section 3-102 of the election law is amended  by  adding  a  new
    39  subdivision 16-b to read as follows:
    40    16-b.  Develop  and  implement a program to educate attorneys, judges,
    41  election  officials,  corrections  officials,   including   parole   and
    42  probation officers, and members of the public regarding the requirements
    43  of  the  chapter of the laws of two thousand twenty-one which added this
    44  subdivision.
    45    § 13. This act shall take effect immediately, provided, however,  that
    46  sections  five,  six,  eight,  nine,  ten, eleven and twelve of this act
    47  shall take effect on the one hundred twentieth day after it  shall  have
    48  become  a  law;  provided further, however, that the amendments to para-
    49  graph (a) of subdivision 2 of section 259-i of the executive law made by
    50  section six of this act shall be subject to the expiration and reversion
    51  of such paragraph pursuant to subdivision d of section 74 of  chapter  3
    52  of  the  laws of 1995, as amended, when upon such date the provisions of
    53  section seven of this act shall take effect.
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