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.
STATE OF NEW YORK
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547
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03893-01-5
S. 547 2
1 mum of natural life, forfeits all the public offices, and suspends,
2 during the term of the sentence, all the civil rights, and all private
3 trusts, authority, or powers of, or held by, the person sentenced, and
4 forfeits the right to hold public office or a position of leadership in
5 a political party for a period of ten years following the completion of
6 any sentence for a felony conviction under article one hundred forty-
7 five, one hundred fifty-five, one hundred seventy, one hundred seventy-
8 five, one hundred ninety-five, two hundred, two hundred ten, or two
9 hundred fifteen of the penal law, regardless of whether he or she has
10 obtained a certificate of relief of disabilities from the division of
11 criminal justice services.
12 § 3. This act shall take effect immediately.
