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-
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05828-08-1
S. 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 he
7 shall have been pardoned or restored to the rights of citizenship by the
8 president of the United States, or his maximum sentence of imprisonment
9 has 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 he
17 shall have been pardoned or restored to the rights of citizenship by the
18 governor or other appropriate authority of such other state, or his
19 maximum 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 of
51 imprisonment has expired or upon a person's discharge from community
52 supervision,] the department shall notify such person [of his or her
53 right 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.
