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S6739Senate2019-2020 SessionSame asA8638

Remove Officials After Guilty Plea

Official title

“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”

Sponsor Jim GaughranSD-5+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Governmental Operations
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Governmental Operations

What's happening

This bill amends the law to create a vacancy in public office when an official pleads guilty in federal court to a felony or an oath-of-office crime.

Why it matters

  1. Expands grounds for automatic removal. By including guilty pleas in federal court for felonies or oath-of-office crimes, the bill ensures officials can't avoid losing their position simply by pleading guilty instead of being convicted at trial.

  2. Closes a legal loophole. Previously, only a "conviction" (often interpreted as a final judgment after trial) triggered vacancy. This change addresses situations where public officials admit guilt but technically avoid conviction, upholding higher ethical standards.

  3. Maintains due process for non-elected officials. The bill preserves the ability for non-elected officials to apply for reinstatement if their plea or conviction is overturned, balancing accountability with fairness.

  4. Signals a tougher stance on official misconduct. By broadening what triggers a vacancy, the law aims to deter unethical behavior and increase public trust in government by ensuring that those who admit to serious crimes cannot continue to serve.

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Who cares

Headline styles

Remove Officials After Guilty Plea

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jim Gaughran

Senator · Senate District 5

Chair, Local Government

History

  1. Referred to governmental operations
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.537
  7. Referred to investigations and government operations
  8. Referred to rules

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.

A8638Assembly

Remove Felons From Office

In Assembly Committee · Governmental Operations · Sponsor John T. McDonald III

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6739

2019-2020 Regular Sessions

IN SENATE

September 23, 2019

Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

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.

Sponsor's memo

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

To clarify that a vacancy in public office occurs when a public officer enters a guilty plea in federal court.

Summary of provisions

Section One clarifies that a vacancy in public office occurs when a public officer enters a guilty plea in federal court.

Section Two provides that this act shall take effect immediately.

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.