What's happening
This bill prohibits individuals convicted of sex offenses who are on parole and civilly confined from voting during their confinement.
Why it matters
Narrows voting restrictions to a specific group. The bill would specifically bar individuals convicted of sex offenses under Article 130 of the Penal Law, who are both on parole and civilly confined, from voting while they remain in confinement, rather than imposing a blanket restriction on all individuals with felony convictions.
Targets post-sentence civil confinement. This addresses a relatively unique situation—civil confinement after release from prison—aiming to further restrict the civil rights of those considered dangerous enough to require continued confinement beyond their criminal sentence.
Reflects ongoing debate about rights after incarceration. By establishing this restriction, the bill highlights broader questions about what civil rights (including voting) people retain or forfeit after serving their time, especially when they are subject to ongoing civil, not criminal, detention.
Could impact recidivism and reintegration. Removing voting rights from this subset of former offenders may have implications for their sense of citizenship and reintegration prospects, potentially affecting both their rehabilitation and the broader community’s approach to justice and public safety.
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Who cares
Headline styles
Restrict Sex Offender Voting
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to finance
- Referred to finance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1837
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sens. TEDISCO, AMEDORE, FUNKE, HELMING, ORTT, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law and the election law, in relation to prohibiting sex offenders who are on parole and in civil confinement from voting in certain elections
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 18-a to read as follows:
§ 18-a. Restriction on voting rights. A person who has been convicted of an offense described in article one hundred thirty of the penal law who has been: (i) discharged from imprisonment, by virtue of any parole, conditional pardon or conditional commutation of his or her sentence; and (ii) is committed to civil imprisonment in a hospital or institution shall be prohibited from voting in any election held during the time of his or her confinement to such hospital or institution.
§ 2. Section 5-106 of the election law is amended by adding a new subdivision 4-a to read as follows:
4-a. Notwithstanding the provisions of subdivisions two, three and four of this section, a person who has been convicted of an offense described in article one hundred thirty of the penal law who has been: (i) discharged from imprisonment, by virtue of any parole, conditional pardon or conditional commutation of his or her sentence; and (ii) is committed to civil imprisonment in a hospital or institution shall be prohibited from voting in any election held during the time of his or her confinement to such hospital or institution.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06474-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law and the election law, in relation to prohibiting sex offenders who are on parole and in civil confinement from voting in certain elections
Purpose of the bill
To prohibit sex offenders who are on parole and in civil confinement from voting in certain elections
Summary of provisions
Section 1. The executive law is amended by adding a new section 18-a to read as follows:
§ 18-a. Restriction on voting rights. A person who has been convicted of an offense described in article one hundred thirty of the penal law who has been: (i) discharged from imprisonment, by virtue of any parole, conditional pardon or conditional commutation of his or her sentence; and (ii) is committed to civil imprisonment in a hospital or institution shall be prohibited from voting in any election held during the time of his or her confinement to such hospital or institution.
Section 2. Amends Section 5-106 of the election law by adding a new subdivision 4a with provisions similar to amendments in the executive law in section one of this legislation.
Section 3. establishes the effective date.
Justification
While as a society we can be compassionate for people who have made mistakes, done their time and are trying to turn their lives around, first and foremost, we need justice and compassion for crime victims.
Those who have inflicted both the physical and psychological harm asso- ciated with sexual assault to innocent civilians within our represen- tative democracy and deemed to be a danger if they return to society should not have a say on how those civilians are governed. This bill prohibits such individuals from casting a ballot in New York State.
Prior legislative history
07/27/18: S.9142 REFERRED TO RULES
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.