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A10144 Summary:

BILL NOA10144B
 
SAME ASSAME AS S00978-C
 
SPONSORMcDonald
 
COSPNSRGriffin
 
MLTSPNSR
 
Amd §30, Pub Off L
 
Relates to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime involving a violation of an oath of office.
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A10144 Actions:

BILL NOA10144B
 
05/02/2022referred to governmental operations
05/10/2022amend and recommit to governmental operations
05/10/2022print number 10144a
05/20/2022amend (t) and recommit to governmental operations
05/20/2022print number 10144b
05/24/2022reported referred to rules
05/31/2022reported
05/31/2022rules report cal.495
05/31/2022ordered to third reading rules cal.495
05/31/2022passed assembly
05/31/2022delivered to senate
05/31/2022REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/02/2022SUBSTITUTED FOR S978C
06/02/20223RD READING CAL.89
06/02/2022PASSED SENATE
06/02/2022RETURNED TO ASSEMBLY
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A10144 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10144B
 
SPONSOR: McDonald
  TITLE OF BILL: An act to amend the public officers law, in relation to the creation of vacancies in a public office upon entering a guilty plea in federal court to a felony or crime involving a violation of an oath of office   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to clarify that a vacancy in public office occurs when a public officer enters a guilty plea in federal court.   SUMMARY OF PROVISIONS: Section of the bill clarifies that a vacancy in public office occurs when a public officer enters a guilty plea in federal court to a felony or crime involving his or her oath of office. Section two of the bill provides for the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version makes technical changes to clarify the types of crimes that would trigger a vacancy in public office.   JUSTIFICATION: The Public Officers law provides that a vacancy in public office occurs when a public official is convicted of a felony offense. In state court, a criminal defendant who has pled guilty is considered to be convicted upon entering their plea and would therefore vacate office upon making such an admission. However, in federal court, a defendant's plea is not simultaneously accepted. Federal criminal procedures provide that a defendant is not considered to be convicted until their plea is accepted by the court at a subsequent sentencing hearing. This presents a scenar- io where confusion in the law could exist as to whether a public offi- cial is allowed to remain in office until sentencing, even after plead- ing guilty to a federal felony offense. It is clear that the intent of the legislature was to remove from office any public official found to have committed a felony. A public official who has admitted to a felony in open federal court should not be treated any differently than a public official that admits to a felony in state court or an official found guilty after trial. This bill will ensure parity between the federal and state criminal procedure process while at the same time ensuring that unethical public officials are removed from office as soon as possible.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A10144 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10144--B
 
                   IN ASSEMBLY
 
                                       May 2, 2022
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee  on Governmental Operations -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the public officers law, in relation to the creation  of
          vacancies  in  a  public office upon entering a guilty plea in federal
          court to a felony or crime involving a violation of an oath of office
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  e of subdivision 1 of section 30 of the public
     2  officers law, as amended by chapter 454 of the laws of 1987, is  amended
     3  to read as follows:
     4    e.  His  or  her  conviction  of  a felony, [or] conviction of a crime
     5  involving a violation of his or her oath of office, or upon  entering  a
     6  guilty plea in federal court to a felony, or upon entering a guilty plea
     7  in  federal court to a crime involving a violation of his or her oath of
     8  office, provided, however, that a non-elected  official  may  apply  for
     9  reinstatement  to the appointing authority upon reversal or the vacating
    10  of such conviction where the conviction is the sole basis for the vacan-
    11  cy. After receipt of such application, the  appointing  authority  shall
    12  afford  such  applicant  a hearing to determine whether reinstatement is
    13  warranted. The record of the hearing shall include the final judgment of
    14  the court which reversed or vacated such conviction and may also include
    15  the entire employment history of the applicant and any other submissions
    16  which may form the  basis  of  the  grant  or  denial  of  reinstatement
    17  notwithstanding  the  reversal  or vacating of such conviction. Notwith-
    18  standing any law to the contrary,  after  review  of  such  record,  the
    19  appointing  authority may, in its discretion, reappoint such non-elected
    20  official to his or her former office, or a similar office if his or  her
    21  former  office  is  no  longer  available.  In  the  event of such rein-
    22  statement, the appointing authority may, in its discretion, award salary
    23  or compensation in full or in part for the period  from  the  date  such
    24  office became vacant to the date of reinstatement or any part thereof;
    25    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15453-03-2
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