What's happening
This bill amends the law to vacate public office when an official enters a guilty plea in federal court to a felony or crime violating their oath of office.
Why it matters
Closes a legal loophole by ensuring that public officials who plead guilty to felonies or oath-related crimes in federal court must vacate their office immediately. , not just those actually convicted after trial—potentially increasing accountability for officials who accept plea deals.
Expands the scope of disqualification. to include not only state but also federal guilty pleas, addressing situations where officials might avoid state prosecution or conviction but admit guilt in federal cases.
Maintains protections for non-elected officials. by allowing them to seek reinstatement if their guilty plea or conviction is later reversed or vacated, ensuring that only those truly proven guilty are permanently removed.
Aims to bolster public trust in government. by reinforcing the idea that officials must uphold their oath of office and face real consequences for criminal misconduct, regardless of how a case is resolved in court.
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Who cares
Headline styles
Remove Felons From Office
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 108
15 Co-sponsors
1 Multi-sponsor
History
- Referred to governmental operations
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Remove Officials After Guilty Plea
In Assembly Committee · Governmental Operations · Sponsor Jim Gaughran
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8638
2019-2020 Regular Sessions
IN ASSEMBLY
October 2, 2019
Introduced by M. of A. McDONALD, FAHY -- read once and referred to the Committee on Governmental Operations
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 Assembly, do enact as follows:
Section 1. Paragraph e of subdivision 1 of section 30 of the public officers law, as amended by chapter 454 of the laws of 1987, is amended to read as follows:
e. His conviction of a felony, [or] conviction of a crime involving a violation of his oath of office or upon entering a guilty plea in federal court to a felony or crime involving a violation of his oath of office, provided, however, that a non-elected official may apply for reinstatement to the appointing authority upon reversal or the vacating of such conviction where the conviction is the sole basis for the vacancy. After receipt of such application, the appointing authority shall afford such applicant a hearing to determine whether reinstatement is warranted. The record of the hearing shall include the final judgment of the court which reversed or vacated such conviction and may also include the entire employment history of the applicant and any other submissions which may form the basis of the grant or denial of reinstatement notwithstanding the reversal or vacating of such conviction. Notwithstanding any law to the contrary, after review of such record, the appointing authority may, in its discretion, reappoint such non-elected official to his former office, or a similar office if his former office is no longer available. In the event of such reinstatement, the appointing authority may, in its discretion, award salary or compensation in full or in part for the period from the date such office became vacant to the date of reinstatement or any part thereof;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13732-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.