Bill S1498-2011

Prohibits candidates for public office to be voted upon in an election district from being a poll watcher in such district

Prohibits candidates for public office to be voted upon in an election district from being a poll watcher in such district; also prohibits the spouse, parent or child of such candidate from so serving.

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  • Jan 4, 2012: REFERRED TO ELECTIONS
  • Jan 7, 2011: REFERRED TO ELECTIONS

Memo

BILL NUMBER:S1498

TITLE OF BILL: An act to amend the penal law, in relation to criminally negligent homicide

SUMMARY OF PROVISIONS: Section 125.10 of the penal law is amended to increase the crime of criminally negligent homicide from a class E felony offense to a class D felony offense.

JUSTIFICATION: Judges have expressed the view, during sentencing and after, that the sentence which could be imposed under the limits of the criminally negligent homicide statute, often do not fit the seriousness of the crime committed.

First degree manslaughter is a class B felony and second degree manslaughter is a class C felony. Logically, the next successive or immediate lesser offense of criminally negligent homicide should be a class D felony. However, under current State penal law, criminally negligent homicide is actually a class E felony.

Unfortunately, the discrepancy in the classification of these crimes was all too recently illustrated in the tragic death of a police officer, who died in May of 1996 as a result of injuries sustained while responding to a domestic dispute. During the course of a struggle, the officer fell and was cut by a piece of glass from a mirror which the defendant had allegedly thrown at his wife. The officer subsequently died as result of a severed artery.

The Grand Jury indicted the defendant on charges of criminally negligent homicide, assault in the second degree, attempted assault in the second degree, reckless endangerment and resisting arrest. In this case the statutory discrepancy subjected the defendant to harsher treatment for injuring the officer (assault in the second degree, a maximum of seven years in prison) than for causing the death of the officer (criminally negligent homicide, a maximum sentence of four years in prison).

Obviously, this case and others like it are a complete travesty. Accordingly, this bill will amend current law to make the crime of criminally negligent homicide more compatible with the seriousness of the offense committed.

LEGISLATIVE HISTORY: Passed Senate: 1995-2008: Senate Codes Committee: 2009-10: Passed Senate: 2011-12

FISCAL IMPLICATIONS: None,

EFFECTIVE DATE: This act shall take effect on the first day of January next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1498 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to qualifications for poll watchers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 8-500 of the election law is amended by adding a new subdivision 5 to read as follows: 5. NO PERSON SHALL BE APPOINTED, CERTIFIED OR ACT AS A WATCHER WHO IS A CANDIDATE FOR ANY PUBLIC OFFICE TO BE VOTED FOR BY THE VOTERS OF THE ELECTION DISTRICT IN WHICH HE OR SHE IS TO SERVE, OR THE SPOUSE, PARENT OR CHILD OF SUCH A CANDIDATE. PROVIDED, THAT NO PROVISION OF THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT A CANDIDATE FOR PUBLIC OFFICE, OR HIS OR HER SPOUSE, PARENT OR CHILD, FROM BEING PRESENT AT A POLL PLACE AFTER THE POLLS HAVE CLOSED FOR THE PURPOSE OF DETERMINING THE ELECTION RESULTS FOR THE ELECTION. S 2. This act shall take effect immediately.

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