STATE OF NEW YORK
________________________________________________________________________
1945
2021-2022 Regular Sessions
IN ASSEMBLY
January 13, 2021
___________
Introduced by M. of A. CRUZ, FERNANDEZ, GRIFFIN, O'DONNELL -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to prohibiting
persons from holding civil office 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. 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) No person shall be capable of holding a civil office who
5 shall stand convicted of a felony defined in article two hundred or four
6 hundred ninety-six or section 195.20 of the penal law, or a felony,
7 committed through the use of or in connection with his or her civil
8 office, defined in article two hundred fifteen of the penal law or chap-
9 ter 11, 19, 31 or 63 of title 18 of the United States Code, or shall be
10 capable of holding civil office, for a period of ten years following the
11 completion of sentence, for a felony, committed through the use of or in
12 connection with his or her civil office, under chapter 47 of title 18 of
13 the United States Code.
14 (ii) Any individual who stands convicted of a misdemeanor defined in
15 article two hundred, article four hundred ninety-six or section 195.00
16 of the penal law may not hold civil office for a period of five years
17 [from the date of conviction] following the completion of sentence,
18 provided that in the event such conviction is the result of a plea
19 agreement resulting in a plea to such charge in lieu of a plea or
20 conviction of a felony defined in section 195.20, article two hundred or
21 article four hundred ninety-six of the penal law, all parties to such
22 agreement may agree that the period of such bar may be for a period of
23 up to ten years [from the date of conviction] following the completion
24 of sentence.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00981-02-1
A. 1945 2
1 (iii) The granting of a certificate of relief from disabilities or
2 certificate of good conduct, pursuant to article twenty-three of the
3 correction law, shall not affect the disqualifications set forth in this
4 subdivision.
5 § 2. If any part or provision of this act is adjudged by a court of
6 competent jurisdiction to be unconstitutional or otherwise invalid, such
7 judgment shall not affect or impair any other part or provision of this
8 act, but shall be confined in its operation to such part or provision.
9 § 3. This act shall take effect immediately and shall apply to
10 convictions entered before, on or after such date.
