NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5621
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the public officers law and the criminal procedure law,
in relation to the withholding of salaries of elected officials who have
been indicted on charges of any crimes related to their public office
PURPOSE OF THE BILL:
This bill combats public corruption by withholding the salary of elected
officials under indictment and forfeits that salary if convicted and
providing for an expedited trial for indicted elected officials
SUMMARY OF PROVISIONS:
Section one of the bill amends the public officers law by adding article
8 titled "Withholding Salary of Elected Officials". The article estab-
lishes the following requirements as a condition for holding elected
office in New York State: If any elected official is indicted on charges
related to their office, the state or municipality shall withhold their
salary until final adjudication of the charges. If the charges result in
a conviction, the withheld monies shall be forfeited. If the charges are
dropped or there is a not-guilty verdict then the monies shall be
returned to the accused.
Section two of the bill amends the criminal procedure law as it relates
to notification by the grand jury to employers involving elected offi-
cials who have been indicted on charges relating to their public office.
Section three of the bill amends the criminal procedure law as it
relates to notice to public employers of elected officials who have
entered a guilty plea for charges related to their public office.
Section four of the bill amends the criminal procedure law as it relates
to notification of the verdict of a jury on charges of elected officials
charged with crimes related to their public office.
Section five of the bill amends the criminal procedure law relates to
notice to public employers of elected officials whose charges relating
to their public office have been dismissed.
Section six of the bill relates to the effective date.
JUSTIFICATION:
There have been several high-profile cases of corruption and bribery in
both state and local governments this past year. These cases involve
elected officials who have violated the public's trust for their own
benefit. Elected officials who are indicted on corruption charges often
remain in their elected positions and even run for reelection. Their
cases are dragged out to prolong the resolution of their criminal charg-
es.
This bill will implement strong policies to rid government of corrupt
individuals and deter those who have poor intentions from entering posi-
tions where they can violate the public's trust. It will withhold the
salaries of elected officials until the indictment for crimes related to
their public office are resolved. Those innocent of the crimes will have
their owed salaries returned to them and those found guilty will have
their salaries returned to the municipality's budget. This is to ensure
that elected officials who have committed crimes against the public will
have not have an incentive to remain in office.
To ensure that trials involving elected officials and corruption are
completed in a timely manner, the bill directs the office of court
administration to develop an expedited trial system and if necessary,
appoint a special judge. These cases need to be resolved quickly so the
public can have effective representation.
PRIOR LEGISLATIVE HISTORY:
A.10074 of 2021-22,
A.3225 of 2019-20,
A.1402 of 2017-18,
A.1336 of 2015-16,
A.8182 of 2013-14.
FISCAL IMPLICATIONS FOR STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
5621
2023-2024 Regular Sessions
IN ASSEMBLY
March 17, 2023
___________
Introduced by M. of A. ZEBROWSKI, COLTON, STIRPE, GOODELL -- Multi-Spon-
sored by -- M. of A. LUPARDO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law and the criminal procedure law,
in relation to the withholding of salaries of elected officials who
have been indicted on charges of any crimes related to their public
office
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 8 of the public officers law, as renumbered by
2 chapter 511 of the laws of 1976, is renumbered article 9 and a new arti-
3 cle 8 is added to read as follows:
4 ARTICLE 8
5 WITHHOLDING SALARY OF ELECTED OFFICIALS
6 Section 112. Definitions.
7 113. Terms and conditions.
8 114. Withholding of salary payments.
9 § 112. Definitions. As used in this article:
10 1. "Elected officials" means every officer who is elected by electors
11 of the state or officer who is elected by a political party.
12 2. "Crimes related to public office" means any of the following crimi-
13 nal offenses whether committed in this state or in any other jurisdic-
14 tion by an elected official through the use of his or her public office
15 or by the individual representing that he or she was acting with the
16 authority of any governmental entity, and acting as an elected official:
17 a. a felony for committing, aiding or abetting a larceny of public
18 funds from the state or a municipality;
19 b. a felony committed in direct connection with service as an elected
20 official; or
21 c. a felony committed by such person who, with the intent to defraud,
22 realizes or obtains, or attempts to realize or obtain, a profit, gain or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04702-01-3
A. 5621 2
1 advantage for himself or herself or for some other person, through the
2 use or attempted use of the power, rights, privileges or duties of his
3 or her position as an elected official.
4 § 113. Terms and conditions. Notwithstanding any other law to the
5 contrary, it shall be a term and condition of holding public elected
6 office in the state of New York that all elected officials' salary
7 payments are subject to the provisions of this article.
8 § 114. Withholding of salary payments. 1. a. Upon notification of an
9 indictment pursuant to section 190.95 of the criminal procedure law, the
10 public employer of an elected official, who has been indicted on charges
11 of any crimes related to their public office, shall withhold such
12 elected official's salary payments. If such elected official seeks
13 another public office or another public employment position while under
14 indictment, it shall be the burden of the elected official to notify
15 their new public employer of their indictment. This section shall apply
16 for all salary payments while employed as an elected official, official
17 or employee of the state or local government.
18 b. A public employer shall notify the elected official of such salary
19 payment withholding and provide them with a copy of notification of the
20 indictment pursuant to section 190.95 of the criminal procedure law.
21 2. Upon notification, the public employer or employers of an elected
22 official facing charges of crimes related to their public office that
23 has had such charges dismissed, acquitted or have been found not guilty
24 by trial jury, shall promptly pay the withheld salary payments to the
25 elected official within sixty days.
26 3. Upon a plea of guilty, or by conviction after trial to crimes
27 related to public office of an elected official, the withheld salary
28 payments shall not be paid and returned. Such withheld payments shall be
29 deposited into the public employer's general fund.
30 4. A public employer shall provide the elected official with a
31 detailed accounting of the withheld salary payments following the
32 conclusion of an indictment pursuant to subdivision two or three of this
33 section.
34 § 2. The criminal procedure law is amended by adding a new section
35 190.95 to read as follows:
36 § 190.95 Grand jury; notification of indictment in certain cases.
37 Upon the indictment of an elected official on crimes related to public
38 office, as defined in section one hundred twelve of the public officers
39 law, the grand jury shall direct the district attorney to notify the
40 elected official's public employer of the indictment. The district
41 attorney shall notify the public employer no later than thirty days
42 following the indictment.
43 § 3. The criminal procedure law is amended by adding a new section
44 220.52 to read as follows:
45 § 220.52 Notice of entry of guilty plea involving an elected official.
46 The court shall notify the public employer or employers of a defend-
47 ant, who is facing crimes related to their public office as an elected
48 official as defined in section one hundred twelve of the public officers
49 law, that has entered a guilty plea to a count or counts of an indict-
50 ment of a crime that was related to their public office. The court shall
51 notify such defendant's public employer or employers of the entry of a
52 guilty plea within thirty days.
53 § 4. The criminal procedure law is amended by adding a new section
54 310.90 to read as follows:
55 § 310.90 Verdict; notification in certain cases.
A. 5621 3
1 The verdict of the jury involving a defendant, who at the time of the
2 criminal act in question was an elected official and the crimes were
3 related to their public office, shall be transmitted by the court to the
4 defendant's public employer or employers within thirty days.
5 § 5. Section 290.10 of the criminal procedure law is amended by adding
6 a new subdivision 5 to read as follows:
7 5. Upon issuing a trial order of dismissal for a defendant, who at the
8 time of the criminal act or acts in question was an elected official and
9 the crimes were related to their public office, which dismisses all
10 counts of the indictment which are related to the defendant's public
11 office, the court shall notify the defendant's public employer within
12 thirty days.
13 § 6. This act shall take effect on the first of January next succeed-
14 ing the date on which it shall have become a law.
