Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 31, 2013 |
signed chap.283 |
Jul 19, 2013 |
delivered to governor |
Jun 19, 2013 |
returned to senate passed assembly ordered to third reading rules cal.461 substituted for a7460 |
Jun 04, 2013 |
referred to codes delivered to assembly passed senate |
Jun 03, 2013 |
advanced to third reading |
May 30, 2013 |
2nd report cal. |
May 29, 2013 |
1st report cal.766 |
May 08, 2013 |
referred to judiciary |
Senate Bill S5078
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S5078 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7460
- Law Section:
- Judiciary Law
- Laws Affected:
- Amd §90, Judy L
2013-S5078 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5078 TITLE OF BILL: An act to amend the judiciary law, in relation to reporting an attorney's conviction of a crime to the appellate division This measure is being introduced at the request of the Administrative Board of the Courts{1}. This measure would amend section 90(4)(c) of the Judiciary Law to require that an attorney, upon his or her conviction of a crime in any court, file the record of his or her conviction with the Appellate Division within 30 days of that conviction. Under present section 90(4)(c), such filing requirement only applies where an attorney has been convicted of a crime in a court of record. It does not apply where an attorney is convicted of a crime in a court not of record{2}. This exception for convictions entered in courts not of record is anomalous. For example, an attorney convicted of a DUI in a City Court must report that conviction to the Appellate Division while an attorney convicted of the same offense in a neighboring Town Justice Court has no obligation to report that conviction. This makes no sense and certainly does not serve the larger public policy underlying the filing requirement, i.e., to facilitate discharge of the Appellate
2013-S5078 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5078 2013-2014 Regular Sessions I N S E N A T E May 8, 2013 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to reporting an attor- ney's conviction of a crime to the appellate division THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 4 of section 90 of the judiciary law, as added by chapter 674 of the laws of 1979, is amended to read as follows: c. Whenever an attorney shall be convicted of a crime in a court [of record] of the United States or of any state, territory or district, including this state, whether by a plea of guilty or nolo contendere or from a verdict after trial or otherwise, the attorney shall file, within thirty days thereafter, with the appellate division of the supreme court, the record of such conviction. The failure of the attorney to so file shall be deemed professional misconduct provided, however, that the appellate division may upon application of the attorney, grant an extension upon good cause shown. S 2. This act shall take effect immediately; provided, however, it shall apply only as to convictions that occur on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10004-01-3
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