S1541A-2011 Actions

• Mar 5, 2012: referred to codes
• Mar 5, 2012: DELIVERED TO ASSEMBLY
• Mar 5, 2012: PASSED SENATE
• Feb 29, 2012: ADVANCED TO THIRD READING
• Feb 15, 2012: 2ND REPORT CAL.
• Feb 14, 2012: 1ST REPORT CAL.201
• Feb 8, 2012: PRINT NUMBER 1541A
• Feb 8, 2012: AMEND AND RECOMMIT TO CODES
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Mar 30, 2011: referred to codes
• Mar 30, 2011: DELIVERED TO ASSEMBLY
• Mar 30, 2011: PASSED SENATE
• Mar 3, 2011: ADVANCED TO THIRD READING
• Mar 2, 2011: 2ND REPORT CAL.
• Mar 1, 2011: 1ST REPORT CAL.112
• Jan 10, 2011: REFERRED TO CODES

S1541A-2011 Meetings

S1541A-2011 Calendars

S1541A-2011 Votes

S1541A-2011 Memo

BILL NUMBER:S1541

TITLE  OF  BILL:    An act to amend the election law, the municipal home
rule law and the administrative  code  of  the  city  of  New  York,  in
relation  to the determination of a winner of a primary election; and to
repeal certain provisions of the election  law  and  the  administrative
code of the city of New York relating thereto

PURPOSE:    The  bill  eliminates  the requirement for run-off voting in
certain primary elections.

SUMMARY OF PROVISIONS:

Section 1: Amends election law section 6-160 by adding a new subdivision
3, which provides that the individual who receives the most votes  shall
be deemed the winner of the primary election.

Section  2:  Repeals  election  law  section 6-162, which provides for a
run-off election if no candidate for mayor, comptroller or public  advo-
cate wins forty percent of the vote in the primary.

Sections  3-18: Amend provisions of the election law and the administra-
tive code of the City of New York to eliminate  provisions  for  run-off
voting in primary elections.

Section 19: Provides for the Act to take effect immediately.

EXISTING  LAW:    Pursuant  to  election  law  section  6-162, a run-off
election between the top two vote getters is required in New  York  City
whenever no candidate for mayor, comptroller or public advocate receives
over  forty  percent  of  the  primary  vote.  There  are  some  similar
provisions for run-off elections in local elections.

JUSTIFICATION:  Run-off voting has come to be regarded  as  a  waste  of
time and money, especially since the turnouts for such run-off elections
tend  to  be  extremely  low,  as  a result of which a small minority of
voters may end up selecting the candidate (and  ultimate  winner)  at  a
very  high  cost.  In  some  areas, like New York City, which is heavily
Democratic, the winner of that party's primary will also be  the  winner
in the general election.

In  the 2009 primary run-off elections for New York City comptroller and
public advocate, less than eight percent  of  the  City's  approximately
three  million  registered  Democrats voted at a cost to the City of $15
million, and millions more were Spent by the four candidates. Whether in
a fiscal crisis of not, such an expenditure for a process that  attracts
little Participatory public support and does not even bolster the legit-
imacy of the winner, seems to be money poorly spent that cannot continue
to be justified.

LEGISLATIVE HISTORY:  2009-10: Referred to Elections; Passed Senate

FISCAL IMPLICATIONS:  None.

LOCAL FISCAL IMPLICATIONS:  Cost savings.

EFFECTIVE DATE:  This bill is effective immediately.

S1541A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1541--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 10, 2011
 
 Introduced  by  Sens.  SKELOS, AVELLA, JOHNSON -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes -
 recommitted to the Committee on Codes in accordance with  Senate  Rule
 6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee
 

AN ACT to amend the penal law, in relation to sexual assault  against  a
 child by a person in a position of trust
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraphs (b) and (d) of subdivision 1 of section 70.02 of
 the penal law, paragraph (b) as amended by chapter 148 of  the  laws  of
 2011  and paragraph (d) as amended by chapter 7 of the laws of 2007, are
 amended to read as follows:

 (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra
 vated criminally negligent homicide as defined in section 125.11, aggra
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, SEXUAL ASSAULT AGAINST A CHILD BY A  PERSON  IN  A  POSITION  OF
 TRUST  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 130.97, assault on a
 peace officer, police officer, fireman  or  emergency  medical  services
 professional as defined in section 120.08, assault on a judge as defined
 in  section  120.09,  gang  assault  in  the second degree as defined in
 section 120.06, strangulation in the first degree as defined in  section
 121.13,  burglary  in  the  second  degree as defined in section 140.25,
 robbery in the second degree as  defined  in  section  160.10,  criminal
 possession  of  a  weapon  in  the  second  degree as defined in section
 265.03, criminal use of a firearm in the second  degree  as  defined  in
 section  265.08,  criminal  sale  of  a  firearm in the second degree as
 defined in section 265.12, criminal sale of a firearm with the aid of  a
 minor  as defined in section 265.14, soliciting or providing support for
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06192-02-2
 
       S. 1541--A                          2
 an act of terrorism in the first degree as defined  in  section  490.15,
 hindering  prosecution  of  terrorism in the second degree as defined in
 section 490.30, and criminal possession of a chemical weapon or  biolog
 ical weapon in the third degree as defined in section 490.37.
 (d)  Class  E violent felony offenses: an attempt to commit any of the
 felonies of criminal possession of a  weapon  in  the  third  degree  as
 defined  in subdivision five, six, seven or eight of section 265.02 as a
 lesser included offense of that section as defined in section 220.20  of
 the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
 section 130.53, aggravated sexual abuse in the fourth degree as  defined
 in  section 130.65-a, falsely reporting an incident in the second degree
 as defined in section 240.55 [and], placing a false  bomb  or  hazardous
 substance  in the second degree as defined in section 240.61, AND SEXUAL
 ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF TRUST IN THE SECOND
 DEGREE AS DEFINED IN SECTION 130.98.
 

S 2.

Section 130.00 of the penal law is amended by adding a new subdi
 vision 14 to read as follows:

 14. "PERSON IN A POSITION OF TRUST" MEANS ANY PERSON  WHO  IS  CHARGED
 WITH  ANY  DUTY  OR RESPONSIBILITY FOR THE HEALTH, EDUCATION, WELFARE OR
 SUPERVISION OF A CHILD, EITHER INDEPENDENTLY OR THROUGH ANOTHER  PERSON,
 NO MATTER HOW BRIEF.
 

S  3.  The  penal  law is amended by adding three new sections 130.97,
 130.98 and 130.99 to read as follows:

 

S 130.97 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON  IN  A  POSITION  OF
 TRUST IN THE FIRST DEGREE.
 A  PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A
 POSITION OF TRUST IN THE FIRST DEGREE WHEN HE OR SHE  SUBJECTS  A  CHILD
 LESS  THAN  ELEVEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
 PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
 THE FIRST DEGREE IS A CLASS C FELONY.
 

S 130.98 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
 TRUST IN THE SECOND DEGREE.
 A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
 POSITION  OF  TRUST IN THE SECOND DEGREE WHEN HE OR SHE SUBJECTS A CHILD
 LESS THAN FOURTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
 PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
 THE SECOND DEGREE IS A CLASS E FELONY.
 

S 130.99 SEXUAL  ASSAULT  AGAINST  A  CHILD BY A PERSON IN A POSITION OF
 TRUST IN THE THIRD DEGREE.
 A PERSON IS GUILTY OF SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN  A
 POSITION  OF  TRUST  IN THE THIRD DEGREE WHEN HE OR SHE SUBJECTS A CHILD
 LESS THAN EIGHTEEN YEARS OLD TO SEXUAL CONTACT AND WHEN SUCH PERSON IS A
 PERSON IN A POSITION OF TRUST WITH RESPECT TO SUCH CHILD.
 SEXUAL ASSAULT AGAINST A CHILD BY A PERSON IN A POSITION OF  TRUST  IN
 THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
 

S 4. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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