A 3447: Includes attempting to register as an elector knowing that they are not qualified due to lack of U.S. citizenship.

  
  STATE OF NEW YORK ________________________________________________________________________ 3447 2025-2026 Regular Sessions  IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. DURSO -- read once and referred to the Committee on Election Law AN ACT to amend the election law and the criminal procedure law, in relation to including attempting to register as an elector knowing that they are not qualified due to lack of U.S. citizenship The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 17-104 of the election law is amended to read as 2 follows: 3 § 17-104. False registration. Any person who: 4 1. Registers or attempts to register as an elector in more than one 5 election district for the same election, or more than once in the same 6 election district; or[,] 7 2. Registers or attempts to register as an elector, knowing that [he] 8 they will not be a qualified voter in the district at the election for 9 which such registration is made; or 10 3. Registers or attempts to register as an elector, when they are not 11 qualified due to lack of U.S. citizenship; or 12 4. Registers or attempts to register as an elector under any name but 13 [his] their own; or 14 [4.] 5. Knowingly gives a false residence within the election district 15 when registering as an elector; or 16 [5.] 6. Knowingly permits, aids, assists, abets, procures, commands or 17 advises another to commit any such act, is guilty of a class E felony. 18 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 19 criminal procedure law, paragraph (t) as amended and paragraph (u) as 20 added by section 2 of subpart B of part UU of chapter 56 of the laws of 21 2022, are amended and a new paragraph (v) is added to read as follows: 22 (t) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, or any charge of criminal possession of a 24 firearm as defined in section 265.01-b of the penal law, where such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01134-01-5 
 A. 3447 2 1 charge arose from conduct occurring while the defendant was released on 2 [his or her] their own recognizance, released under conditions, or had 3 yet to be arraigned after the issuance of a desk appearance ticket for a 4 separate felony or class A misdemeanor involving harm to an identifiable 5 person or property, or any charge of criminal possession of a firearm as 6 defined in section 265.01-b of the penal law, provided, however, that 7 the prosecutor must show reasonable cause to believe that the defendant 8 committed the instant crime and any underlying crime. For the purposes 9 of this subparagraph, any of the underlying crimes need not be a quali- 10 fying offense as defined in this subdivision. For the purposes of this 11 paragraph, "harm to an identifiable person or property" shall include 12 but not be limited to theft of or damage to property. However, based 13 upon a review of the facts alleged in the accusatory instrument, if the 14 court determines that such theft is negligible and does not appear to be 15 in furtherance of other criminal activity, the principal shall be 16 released on [his or her] their own recognizance or under appropriate 17 non-monetary conditions; [or] 18 (u) criminal possession of a weapon in the third degree as defined in 19 subdivision three of section 265.02 of the penal law or criminal sale of 20 a firearm to a minor as defined in section 265.16 of the penal law[.]; 21 or 22 (v) a violation of subdivision three of section 17-104 of the election 23 law. 24 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 25 section 530.20 of the criminal procedure law, subparagraph (xx) as 26 amended and subparagraph (xxi) as added by section 4 of subpart C of 27 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 28 agraph (xxii) is added to read as follows: 29 (xx) any felony or class A misdemeanor involving harm to an identifi- 30 able person or property, or any charge of criminal possession of a 31 firearm as defined in section 265.01-b of the penal law where such 32 charge arose from conduct occurring while the defendant was released on 33 [his or her] their own recognizance, released under conditions, or had 34 yet to be arraigned after the issuance of a desk appearance ticket for a 35 separate felony or class A misdemeanor involving harm to an identifiable 36 person or property, provided, however, that the prosecutor must show 37 reasonable cause to believe that the defendant committed the instant 38 crime and any underlying crime. For the purposes of this subparagraph, 39 any of the underlying crimes need not be a qualifying offense as defined 40 in this subdivision. For the purposes of this paragraph, "harm to an 41 identifiable person or property" shall include but not be limited to 42 theft of or damage to property. However, based upon a review of the 43 facts alleged in the accusatory instrument, if the court determines that 44 such theft is negligible and does not appear to be in furtherance of 45 other criminal activity, the principal shall be released on [his or her] 46 their own recognizance or under appropriate non-monetary conditions; 47 [or] 48 (xxi) criminal possession of a weapon in the third degree as defined 49 in subdivision three of section 265.02 of the penal law or criminal sale 50 of a firearm to a minor as defined in section 265.16 of the penal 51 law[.]; or 52 (xxii) a violation of subdivision three of section 17-104 of the 53 election law. 54 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 55 criminal procedure law, paragraph (t) as amended and paragraph (u) as 
 A. 3447 3 1 added by section 4 of subpart B of part UU of chapter 56 of the laws of 2 2022, are amended and a new paragraph (v) is added to read as follows: 3 (t) any felony or class A misdemeanor involving harm to an identifi- 4 able person or property, or any charge of criminal possession of a 5 firearm as defined in section 265.01-b of the penal law, where such 6 charge arose from conduct occurring while the defendant was released on 7 [his or her] their own recognizance, released under conditions, or had 8 yet to be arraigned after the issuance of a desk appearance ticket for a 9 separate felony or class A misdemeanor involving harm to an identifiable 10 person or property, or any charge of criminal possession of a firearm as 11 defined in section 265.01-b of the penal law, provided, however, that 12 the prosecutor must show reasonable cause to believe that the defendant 13 committed the instant crime and any underlying crime. For the purposes 14 of this subparagraph, any of the underlying crimes need not be a quali- 15 fying offense as defined in this subdivision. For the purposes of this 16 paragraph, "harm to an identifiable person or property" shall include 17 but not be limited to theft of or damage to property. However, based 18 upon a review of the facts alleged in the accusatory instrument, if the 19 court determines that such theft is negligible and does not appear to be 20 in furtherance of other criminal activity, the principal shall be 21 released on [his or her] their own recognizance or under appropriate 22 non-monetary conditions; [or] 23 (u) criminal possession of a weapon in the third degree as defined in 24 subdivision three of section 265.02 of the penal law or criminal sale of 25 a firearm to a minor as defined in section 265.16 of the penal law[.]; 26 or 27 (v) a violation of subdivision three of section 17-104 of the election 28 law. 29 § 5. This act shall take effect immediately.