- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S00830 Summary:
BILL NO | S00830B |
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SAME AS | SAME AS A04448-A |
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SPONSOR | COMRIE |
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COSPNSR | MYRIE, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BRISPORT, BROUK, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY |
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MLTSPNSR | |
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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 | |
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Relates to voting and registration for voting by formerly incarcerated individuals convicted of a felony. |
S00830 Actions:
BILL NO | S00830B | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/06/2021 | REFERRED TO ELECTIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
01/20/2021 | AMEND (T) AND RECOMMIT TO ELECTIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
01/20/2021 | PRINT NUMBER 830A | |||||||||||||||||||||||||||||||||||||||||||||||||
02/18/2021 | COMMITTEE DISCHARGED AND COMMITTED TO CRIME VICTIMS, CRIME AND CORRECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
02/21/2021 | AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
02/21/2021 | PRINT NUMBER 830B | |||||||||||||||||||||||||||||||||||||||||||||||||
02/22/2021 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
02/22/2021 | ORDERED TO THIRD READING CAL.368 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/24/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
02/24/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
02/24/2021 | referred to election law | |||||||||||||||||||||||||||||||||||||||||||||||||
03/10/2021 | substituted for a4448a | |||||||||||||||||||||||||||||||||||||||||||||||||
03/10/2021 | ordered to third reading cal.147 | |||||||||||||||||||||||||||||||||||||||||||||||||
04/21/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
04/21/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
04/22/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2021 | SIGNED CHAP.103 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/04/2021 | APPROVAL MEMO.6 |
S00830 Committee Votes:
Go to topS00830 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
No
Lalor
Yes
Paulin
No
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
No
Lawler
Yes
Perry
No
Simpson
No
Angelino
Yes
Cook
No
Gallahan
No
Lemondes
Yes
Pheffer Amato
No
Smith
No
Ashby
Yes
Cruz
No
Gandolfo
Yes
Lunsford
Yes
Pichardo
No
Smullen
Yes
Aubry
No
Cusick
No
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
No
Barclay
Yes
Cymbrowitz
No
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
No
Ra
No
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
No
Goodell
Yes
McDonald
Yes
Ramos
No
Tague
Yes
Benedetto
No
DeStefano
Yes
Gottfried
No
McDonough
No
Reilly
No
Tannousis
Yes
Bichotte Hermel
ER
Dickens
No
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
No
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Dinowitz
No
Hawley
No
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
No
DiPietro
Yes
Hevesi
No
Miller B
Yes
Rivera JD
No
Walczyk
Yes
Bronson
No
Durso
Yes
Hunter
No
Miller M
Yes
Rodriguez
Yes
Walker
No
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
No
Englebright
Yes
Jackson
No
Montesano
Yes
Rosenthal L
No
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
No
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
No
Salka
Yes
Weprin
No
Buttenschon
Yes
Fall
No
Jensen
Yes
Nolan
No
Santabarbara
Yes
Williams
No
Byrne
Yes
Fernandez
No
Jones
No
Norris
Yes
Sayegh
No
Woerner
No
Byrnes
No
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
No
Schmitt
Yes
Zebrowski
Yes
Cahill
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
No
Friend
Yes
Kim
No
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S00830 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 830--B 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. COMRIE, MYRIE, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BRISPORT, BROUK, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged and said bill committed to the Committee on Crime Victims, Crime and Correction -- 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-8zenship by the governor, or his maximum sentence of imprisonment has9expired, or he has been discharged from parole. The governor, however,10may attach as a condition to any such pardon a provision that any such11person shall not have the right of suffrage until it shall have been12separately restored to him] while he or she is incarcerated for such 13 felony. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05828-08-1S. 830--B 2 1 § 2. Subdivision 3 of section 5-106 of the election law is amended to 2 read as follows: 3 3. No person who has been convicted in a federal court, of a felony, 4 or a crime or offense which would constitute a felony under the laws of 5 this state, and sentenced to a period of imprisonment for such felony, 6 shall have the right to register for or vote at any election [unless he7shall have been pardoned or restored to the rights of citizenship by the8president of the United States, or his maximum sentence of imprisonment9has expired, or he has been discharged from parole] while he or she is 10 incarcerated for such felony. 11 § 3. Subdivision 4 of section 5-106 of the election law is amended to 12 read as follows: 13 4. No person who has been convicted in another state for a crime or 14 offense which would constitute a felony under the laws of this state and 15 sentenced to a period of imprisonment for such felony, shall have the 16 right to register for or vote at any election in this state [unless he17shall have been pardoned or restored to the rights of citizenship by the18governor or other appropriate authority of such other state, or his19maximum sentence has expired, or he has been discharged from parole] 20 while he or she is incarcerated for such felony. 21 § 4. Subdivision 5 of section 8-504 of the election law is REPEALED 22 and subdivisions 6, 7, and 8, subdivisions 7 and 8 as renumbered by 23 chapter 373 of the laws of 1978, are renumbered subdivisions 5, 6, and 24 7. 25 § 5. Section 220.50 of the criminal procedure law is amended by adding 26 a new subdivision 8 to read as follows: 27 8. Prior to accepting a defendant's plea of guilty to a count or 28 counts of an indictment or a superior court information charging a felo- 29 ny offense, the court must advise the defendant on the record that 30 conviction will result in loss of the right to vote while the defendant 31 is serving a felony sentence in a correctional facility and that the 32 right to vote will be restored upon the defendant's release. 33 § 6. Subparagraph (i) of paragraph (a) of subdivision 2 of section 34 259-i of the executive law, as amended by section 38-f-1 of subpart A of 35 part C of chapter 62 of the laws of 2011, is amended to read as follows: 36 (i) Except as provided in subparagraph (ii) of this paragraph, at 37 least one month prior to the date on which an inmate may be paroled 38 pursuant to subdivision one of section 70.40 of the penal law, a member 39 or members as determined by the rules of the board shall personally 40 interview such inmate and determine whether he or she should be paroled 41 in accordance with the guidelines adopted pursuant to subdivision four 42 of section two hundred fifty-nine-c of this article. If parole is not 43 granted upon such review, the inmate shall be informed in writing within 44 two weeks of such appearance of the factors and reasons for such denial 45 of parole. Such reasons shall be given in detail and not in conclusory 46 terms. The board shall specify a date not more than twenty-four months 47 from such determination for reconsideration, and the procedures to be 48 followed upon reconsideration shall be the same. If the inmate is 49 released, he or she shall be given a copy of the conditions of parole. 50 Such conditions shall where appropriate, include a requirement that the 51 parolee comply with any restitution order, mandatory surcharge, sex 52 offender registration fee and DNA databank fee previously imposed by a 53 court of competent jurisdiction that applies to the parolee. The condi- 54 tions shall indicate which restitution collection agency established 55 under subdivision eight of section 420.10 of the criminal procedure law, 56 shall be responsible for collection of restitution, mandatory surcharge,S. 830--B 3 1 sex offender registration fees and DNA databank fees as provided for in 2 section 60.35 of the penal law and section eighteen hundred nine of the 3 vehicle and traffic law. If the inmate is released, he or she shall 4 also be notified in writing that his or her voting rights will be 5 restored upon release. 6 § 7. Paragraph (a) of subdivision 2 of section 259-i of the executive 7 law, as amended by section 38-f-2 of subpart A of part C of chapter 62 8 of the laws of 2011, is amended to read as follows: 9 (a) At least one month prior to the expiration of the minimum period 10 or periods of imprisonment fixed by the court or board, a member or 11 members as determined by the rules of the board shall personally inter- 12 view an inmate serving an indeterminate sentence and determine whether 13 he or she should be paroled at the expiration of the minimum period or 14 periods in accordance with the procedures adopted pursuant to subdivi- 15 sion four of section two hundred fifty-nine-c. If parole is not granted 16 upon such review, the inmate shall be informed in writing within two 17 weeks of such appearance of the factors and reasons for such denial of 18 parole. Such reasons shall be given in detail and not in conclusory 19 terms. The board shall specify a date not more than twenty-four months 20 from such determination for reconsideration, and the procedures to be 21 followed upon reconsideration shall be the same. If the inmate is 22 released, he or she shall be given a copy of the conditions of parole. 23 Such conditions shall where appropriate, include a requirement that the 24 parolee comply with any restitution order and mandatory surcharge previ- 25 ously imposed by a court of competent jurisdiction that applies to the 26 parolee. The conditions shall indicate which restitution collection 27 agency established under subdivision eight of section 420.10 of the 28 criminal procedure law, shall be responsible for collection of restitu- 29 tion and mandatory surcharge as provided for in section 60.35 of the 30 penal law and section eighteen hundred nine of the vehicle and traffic 31 law. If the inmate is released, he or she shall also be notified in 32 writing that his or her voting rights will be restored upon release. 33 § 8. Subparagraph (xi) of paragraph (f) of subdivision 3 of section 34 259-i of the executive law, as amended by section 11 of part E of chap- 35 ter 62 of the laws of 2003, is amended to read as follows: 36 (xi) If the presiding officer sustains any violations, he or she must 37 prepare a written statement, to be made available to the alleged viola- 38 tor and his or her counsel, indicating the evidence relied upon and the 39 reasons for revoking presumptive release, parole, conditional release or 40 post-release supervision, and for the disposition made. The presiding 41 officer shall also advise the alleged violator in a written statement 42 that revocation will result in loss of the right to vote while he or she 43 is serving the remainder of his or her felony sentence in a correctional 44 facility and that the right to vote will be restored upon his or her 45 release. 46 § 9. Section 75 of the correction law, as amended by section 18 of 47 subpart A of part C of chapter 62 of the laws of 2011, is amended to 48 read as follows: 49 § 75. Notice of voting rights. [Upon] Prior to the [discharge] release 50 from a correctional facility of any person [whose maximum sentence of51imprisonment has expired or upon a person's discharge from community52supervision,] the department shall notify such person [of his or her53right to vote] verbally and in writing, that his or her voting rights 54 will be restored upon release and provide such person with a form of 55 application for voter registration [together with] and a declination 56 form, offer such person assistance in filling out the appropriate form,S. 830--B 4 1 and provide such person written information distributed by the board of 2 elections on the importance and the mechanics of voting. Upon release, 3 such person may choose to either submit his or her completed application 4 to the state board or county board where such person resides or have the 5 department transmit it on his or her behalf. Where such person chooses 6 to have the department transmit the application, the department shall 7 transmit the completed application upon such person's release to the 8 state board or county board where such person resides. 9 § 10. The correction law is amended by adding a new section 510 to 10 read as follows: 11 § 510. Voting upon release. Prior to the release from a local correc- 12 tional facility of any person convicted of a felony the chief adminis- 13 trative officer shall notify such person verbally and in writing that 14 his or her voting rights will be restored upon release and provide such 15 person with a form of application for voter registration and a declina- 16 tion form, offer such person assistance in filling out the appropriate 17 form, and provide such person written information distributed by the 18 board of elections on the importance and the mechanics of voting. Upon 19 release, such person may choose to either submit his or her completed 20 application to the state board or county board where such person resides 21 or have the department transmit it on his or her behalf. Where such 22 person chooses to have the department transmit the application, the 23 chief administrative officer shall transmit the completed application 24 upon such person's release to the state board or county board where such 25 person resides. 26 § 11. The correction law is amended by adding a new section 209 to 27 read as follows: 28 § 209. Notice of voting rights. The department shall notify each 29 person serving a period of community supervision verbally and in writing 30 of his or her right to vote and provide such person with a form of 31 application for voter registration and a declination form, offer such 32 person assistance in filling out the appropriate form, and provide such 33 person written information distributed by the board of elections on the 34 importance and the mechanics of voting. Such person may choose to either 35 submit his or her completed application to the state board or county 36 board where such person resides or have the department transmit it on 37 his or her behalf. Where such person chooses to have the department 38 transmit the application, the department shall transmit the completed 39 application to the state board or county board where such person 40 resides. 41 § 12. Section 3-102 of the election law is amended by adding a new 42 subdivision 16-b to read as follows: 43 16-b. Develop and implement a program to educate attorneys, judges, 44 election officials, corrections officials, including parole and 45 probation officers, and members of the public regarding the requirements 46 of the chapter of the laws of two thousand twenty-one which added this 47 subdivision. 48 § 13. This act shall take effect immediately, provided, however, that 49 sections five, six, eight, nine, ten, eleven and twelve of this act 50 shall take effect on the one hundred twentieth day after it shall have 51 become a law; provided further, however, that the amendments to para- 52 graph (a) of subdivision 2 of section 259-i of the executive law made by 53 section six of this act shall be subject to the expiration and reversion 54 of such paragraph pursuant to subdivision d of section 74 of chapter 3 55 of the laws of 1995, as amended, when upon such date the provisions of 56 section seven of this act shall take effect.