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S00830 Text:



 
                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.
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