RETRIEVE Page I of 6 STATE OF NEW YORK 3185--a 2011-2012 Regular Sessions IN SENATE February 11, 2012 Introduced by Sen. GOLDEN -- (at request of the state Comptroller) -- ead twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions ~- committee discharged, bill amended, ordered reprinted as amended and reconmitted to said committee AN ACT to amend the retirement and social security law, in relation to the forfeiture of the pensions of certain public officers upon conviction of a felony related to public employment; to amend the penal law, in relation to the imposition of a mandatory fine upon certain public officers convicted of a designated felony offense related to his or her official duties; and to amend the penal law and the criminal procedure law, in relation to the crime of official misconduct and to abuse of public trust crimes of the State of New ¥ and_Agsen- bly, do enact as follows: 1 Section 1. The retirement and social security law is amended by adding 2 a new article 3-B to read as follows: 3 ARTICLE 3-B 4 5 6 3 8 9 $156. Definitions 10 article, shall have th sent meaning a1 a8 plainly requi: a2 (4) any felony, the 13 fazlure to perfora aa 15 conspiracy, or itabior 1s ny, the commission of which ie related to EXPLANAPION--Matter in itelics (underscored) is new; matter in brackets [+] is old law to be omitted UBDO8ELE-05-1 6/6/2011RETRIEVE Page 2 of 6 1 a wet) oF (iii) any 3 violation of federal law or the law of any 4 Sf committed within thie etate, would 5 subparagraph (1) or (41) of this. é > purpesss of paragraph (a) of this 7 nated felony offense i velated to the. per: 8 such nenber's or _retin 9 10 un or 3 nexber 12 | Anvolved Actions of conduct by saber 2ncicated or conveyed that he o: suthority of, of under color of the authority. 16 . aL 2 £ thy slaw and designated in the rules of the state civil service 25 conmiseion as requiring the performance of £1 26 ak the tine of 27 member of the at nm forty-two of the the appropriate muni. ab requiring the performance of ime of the commission of a desis 38 offense, (q) any momber of the serena poard 2 any oa other than e multi-state authority, (h)_ “ApBC 39. public benefit compor 25 section forty~tno of the service lav and designated in the rules of the state civil service 46 system on or after the efZective date of 475, SRetized_ 48 and who is. the _retizenent systen and who had first joined. = police and fire forfeiture of benefits 55 any other provssion of general, special 56 to the contrary, « member or xetired exber hittp://nyslrs.state.ny.us/NYSLBDC | /bstfime.cgi 6/6/2011RETRIEVE : Page 3 of 6 8. 3185--a 3 any decicnated felony offense jafite to which such person or retires member. § 188. Forfeiture proceeding: proceeding for the forfe:ture of person is er will be entiti commenced puzmuantto_and district attomey having torney general if the cto: charge othe underlying an vielation of federal law oz, Such proceeding shall be geipt of such notice, wplicability to the district ac the case may be. The notice of applicability shall contain 2 statement specizying_ whe ae been a member or retired, shall be upon the district attorney or the Be, to prove by a preponderance of the for which the meaber , the court shall issue en order se estired member's rights and. of the retirement system _.the _xetirement benefite pi l orders and findings made by the hitp://nyshrs.state.ny.us/NYSLBDC 1 /bstfime.cgi 61672011