Relates to the prosecution of misconduct by public servants
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 07, 2014 |
referred to rules |
BILL NUMBER:S6774
TITLE OF BILL: An act to amend the criminal procedure law, in
relation to the prosecution of misconduct by public servants, and in
relation to including corrupting the government within the definition
of a designated offense; to amend the penal law, in relation to
establishing the crime of corrupting the government, requires the
intent to influence within the crime of bribery, and expands the crime
of bribe receiving; to amend the legislative law, in relation to
lobbying; to amend the state finance law, in relation to cancellation
and disqualification of certain contracts; to amend the civil practice
law and rules, in relation to including the crime of public corruption
within the term of preconviction forfeiture crime; to amend the public
officers law, in relation to persons deemed incapable of holding a
civil office; to amend the real property tax law, in relation to
certain exemption limitations; to amend the general municipal law, in
relation to limitations on empire zone designation; to amend the tax
law, in relation to certain tax credit limitations; to amend the
public officers law, in relation to financial disclosure and to repeal
section 195.20 of the penal law relating to defrauding the government
SUMMARY OF PROVISIONS:
Official Misconduct
This bill would make the crime of official misconduct (current
195.20 of the Penal Law) a class C, D, or E felony, depending on the severity of the misconduct, rather than a misdemeanor offense, as follows: * Official misconduct in the third degree, for any benefit, regardless of value: class E felony * Official misconduct in the second degree, where the benefit gained from such misconduct is valued in excess of $1000.00: class D felony * Official misconduct in the first degree, where the benefit gained from such misconduct is valued in excess of $3,000.00 class C felony Corrupting the Government, Enhancements When the State is the Victim of the Crime This bill would also create a new Article 496 of the Penal Law, "Corrupting the Government," which will include the crimes of "corrupting the government" and "public corruption " A person would be guilty of the lowest level crime of corrupting the government if he or she: engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or one or more political subdivisions of the state or one or more governmental instrumentalities within the state, or to obtain property, services or other resources from such state, political subdivision or governmental instrumentality by false or fraudulent pretenses, representations or promises. The degree of crimes depend on whether or not the person or persons obtain property and/or the value of property, services or other resources, and the amount of such gain: * Fourth degree, basic offense: class E felony * Third degree, in excess of $1,000.00: class D felony * Second degree, in excess of $5,000.00: class C felony * First degree, in excess of $10,000: class B felony The crime of "public corruption" would increase penalties for specific existing crimes in cases where the victim is a public entity. The crime would be deemed one category higher than the offense type or offense level of the specified offense. Thus, a class A misdemeanor would become an E felony, an E felony would become a D felony, and so on. These enhancements would apply whether or not the offender is a public official. The specific existing crimes affected are those defined by the following provisions of the Penal Law: * § 155.25 (petit larceny) * § 155.30 (grand larceny, fourth degree) * § 155.35 (grand larceny, third degree) * § 155.40 (grand larceny, second degree) * § 155.42 (grand larceny, first degree) * § 156.05 (unauthorized use of a computer) * § 165.05 (unauthorized use of a vehicle in the third degree) * § 165.06 (unauthorized use of a vehicle in the second degree) * § 165.08 (unauthorized use of a vehicle in the first degree) * § 470.05 (money laundering in the third degree) * § 470.15 (money laundering in the second degree) * § 470.20 (money laundering in the first degree) Non-Criminal Consequences In addition, the following penalties would be imposed on anybody convicted of corrupting the government, public corruption and official misconduct; * A court could impose a fine of up to three times the profit or other gain from the crime and forfeiture of proceeds from the crime. * The Tax Law would be amended to permit automatic offset by the State for any amount for which an individual is convicted of defrauding or stealing from a public entity. Establishment of New Crime: Failure to Report Bribery This bill would create the class A misdemeanor of "failure to report bribery," which would mandate that a public servant report attempts to bribe that individual, or any other bribery or attempted bribery of another public servant of which that individual is aware. Overhaul of Bribery Statute This bill would amend the statutory definition of bribery crimes-bribery, bribe receiving and bribe giving and receiving for public office. Thus, "a person is guilty of bribery in the first degree when he or she confers, or offers or agrees to confer: any benefit upon a public servant with the intent to influence such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant." The law would no longer require proof of an agreement or understanding between the parties, conforming New York's law to federal law. Severity of the crime of bribery would be as follows: * Third degree, an offer or agreement to confer a benefit in excess of $1,000.00: class D felony * Second degree, an offer or agreement to confer a benefit greater than $5,000.00: class C felony * First degree, an offer or agreement to confer a benefit greater than $10,000: class B felony The current structure of the law for accepting election contributions and payment of lobbying expenses will remain in place so that a public servant and a person could be convicted of bribery or bribe receiving if any election contribution or a lobbying expense was paid in agreement for the performance of an act by a public servant. Investigation 1. The legislation would impose the same statute of limitations, and related tolling provisions, on both public servants and those persons acting in concert with a public servant to commit misconduct in public office. Currently, the statute of limitations tolls for public officials but not those acting in concert them who are not public officials. 2. All offenses described in new Article 496 and official misconduct in the third, second and first degrees, as defined in §§ 195.00, 195.01, and 195.02 respectively of the Penal Law, would become designated offenses under Criminal Procedure Law § 700.05, "Eavesdropping and Video Surveillance Warrants." 3. For the first time, a witness who testifies before a grand jury investigating fraud on the government or misconduct, nonfeasance or neglect in public office by a public servant would receive "use" immunity, not "transactional" immunity for statements that witness gives under oath. This means that the witness, who may or may not also be part of the criminal transaction under investigation, may still be prosecuted for his or her role if the People develop evidence other than, and independent of, the evidence given by the witness This important tool in fighting crime would conform New York practice to federal practice. 4. The bill would add new offenses to the set of crimes that constitute a basis for enterprise corruption charges. 5. The bill would amend civil forfeiture pre-conviction provisions to permit forfeiture of gain when the new public corruption and official misconduct crimes are charged. Post-Conviction To further protect the public, the following collateral consequences would flow to an individual convicted of any of the bribery, official misconduct or public corruption crimes: 1. A convicted offender would be barred from registering as a lobbyist. 2. A convicted offender would be prohibited from serving in a civil office. 3. A convicted entity (or corporations which employ an individual convicted of such offense in fiduciary position) would be disqualified from receiving tax credits, real estate tax benefits, and other benefits, such as those associated with Empire Zone designation. 4. The State Finance Law would be amended to disqualify individual and corporate offenders from bidding on and obtaining State contracts and to allow specific consideration by the State of any other crimes when determining whether an entity is a "responsible" bidder, and to provide that a conviction for crimes set forth in the Public Trust Act would be grounds for cancellation of State contracts. 5. Convicted offenders would be automatically disqualified from participating as Medicaid, EI or Workers' Compensation providers. Under existing law. * For the crimes of petit larceny, grand larceny, unauthorized use of a computer, unauthorized use of a vehicle, and money laundering, the same penalties apply no matter who the victim of the crime is. * Conviction for crimes involving public corruption does not disqualify an offender from holding civil office or debarment from state contracting. * There is no crime of failure to report bribery. * New York's bribery laws require a prosecutor to establish evidence of an agreement or understanding between the parties to a bribe as a necessary element of any bribery related offense. * There is only one level of crime of defrauding the government regardless of the amount defrauded, an E felony, and such fraud must involve $1000.00 or more. This bill would amend Public Officers Law § 73-a. Legislators will now be required to disclose the names of all of their firm's clients who have business before the State. Reporting individuals will also be required to disclose what services they actually provide, so that the public can more clearly understand their outside employment activity. Finally, legislators will be required to disclose all direct referrals of business to their firms by lobbyists or clients of lobbyists to avoid even the appearance of a conflict of interest Statement in support of Subpart A: As the recent past and as the majority of the Moreland Commission has made clear, New York's regimen of Penal Law enforcement and public disclosure laws needs drastic revision to more effectively deter and punish official misconduct. This legislation will help accomplish that. LEGISLATIVE HISTORY: New Bill FISCAL IMPLICATIONS: Not determined EFFECTIVE DATE: This act shall take effect the thirtieth day after it shall have become law.
S T A T E O F N E W Y O R K
________________________________________________________________________
6774
I N S E N A T E
March 7, 2014
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law, in relation to the prose-
cution of misconduct by public servants, and in relation to including
corrupting the government within the definition of a designated
offense; to amend the penal law, in relation to establishing the crime
of corrupting the government, requires the intent to influence within
the crime of bribery, and expands the crime of bribe receiving; to
amend the legislative law, in relation to lobbying; to amend the state
finance law, in relation to cancellation and disqualification of
certain contracts; to amend the civil practice law and rules, in
relation to including the crime of public corruption within the term
of preconviction forfeiture crime; to amend the public officers law,
in relation to persons deemed incapable of holding a civil office; to
amend the real property tax law, in relation to certain exemption
limitations; to amend the general municipal law, in relation to limi-
tations on empire zone designation; to amend the tax law, in relation
to certain tax credit limitations; to amend the public officers law,
in relation to financial disclosure and to repeal section 195.20 of
the penal law relating to defrauding the government
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known as the "Public Trust Act".
S 2. Paragraph (b) of subdivision 3 of section 30.10 of the criminal
procedure law is amended to read as follows:
(b) A prosecution for any offense involving misconduct in public
office by a public servant INCLUDING, WITHOUT LIMITATION, AN OFFENSE
DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF THE PENAL LAW, may be
commenced AGAINST A PUBLIC SERVANT, OR ANY OTHER PERSON ACTING IN
CONCERT WITH SUCH PUBLIC SERVANT at any time during [the defendant's]
SUCH PUBLIC SERVANT'S service in such office or within five years after
the termination of such service; provided however, that in no event
shall the period of limitation be extended by more than five years
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14374-01-4
S. 6774 2
beyond the period otherwise applicable under subdivision two OF THIS
SECTION.
S 3. Section 50.10 of the criminal procedure law is amended to read as
follows:
S 50.10 Compulsion of evidence by offer of immunity; definitions of
terms.
The following definitions are applicable to this article:
1. "Immunity." BASED UPON THE SUBJECT MATTER OF THE LEGAL PROCEEDING
IN WHICH A PERSON GIVES EVIDENCE, SUCH PERSON MAY RECEIVE EITHER "TRAN-
SACTIONAL" OR "USE" IMMUNITY.
(A) "TRANSACTIONAL IMMUNITY." A person who has been a witness in a
legal proceeding, and who cannot, except as otherwise provided in this
subdivision, be convicted of any offense or subjected to any penalty or
forfeiture for or on account of any transaction, matter or thing
concerning which he gave evidence therein, possesses ["immunity"] "TRAN-
SACTIONAL IMMUNITY" from any such conviction, penalty or forfeiture.
(B) "USE IMMUNITY." A PERSON WHO HAS BEEN A WITNESS IN A LEGAL
PROCEEDING, AND NEITHER THE EVIDENCE GIVEN BY THAT WITNESS NOR ANY
EVIDENCE DERIVED DIRECTLY OR INDIRECTLY THEREFROM MAY BE USED AGAINST
THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING OR IN THE IMPO-
SITION OF ANY PENALTY OR FORFEITURE POSSESSES "USE IMMUNITY".
(C) A person who possesses [such] TRANSACTIONAL IMMUNITY OR USE immu-
nity may nevertheless be convicted of perjury as a result of having
given false testimony in such legal proceeding, and may be convicted of
or adjudged in contempt as a result of having contumaciously refused to
give evidence therein, AND THE EVIDENCE GIVEN BY THE PERSON AT THE
PROCEEDING AT WHICH THE PERSON POSSESSED EITHER TRANSACTIONAL IMMUNITY
OR USE IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY SUCH PROSECUTION
FOR PERJURY OR PROSECUTION OR JUDGMENT FOR CONTEMPT.
2. "Legal proceeding" means a proceeding in or before any court or
grand jury, or before any body, agency or person authorized by law to
conduct the same and to administer the oath or to cause it to be admin-
istered.
3. "Give evidence" means to testify or produce physical evidence.
S 4. Subdivision 3 of section 50.20 of the criminal procedure law is
amended to read as follows:
3. A witness who is ordered to give evidence pursuant to subdivision
two OF THIS SECTION and who complies with such order receives EITHER
TRANSACTIONAL IMMUNITY OR USE immunity. [Such] IN A LEGAL PROCEEDING
INVOLVING, IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR NEGLECT
IN PUBLIC OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR
ANY FRAUD UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR A
GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE SUCH WITNESS RECEIVES USE
IMMUNITY. A WITNESS IN A LEGAL PROCEEDING INVOLVING ANY OTHER SUBJECT
MATTER RECEIVES TRANSACTIONAL IMMUNITY. IN EITHER CASE, SUCH witness is
not deprived of such immunity because such competent authority did not
comply with statutory provisions requiring notice to a specified public
servant of intention to confer immunity.
S 5. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
procedure law is amended, and a new subdivision 4 is added to read as
follows:
(b) The defendant has received immunity from prosecution AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER for
the offense charged, pursuant to sections 50.20 or 190.40, OR ALLEGA-
TIONS IN THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S INFORMA-
TION OR MISDEMEANOR COMPLAINT ARE BASED ON EVIDENCE PROTECTED BY USE
S. 6774 3
IMMUNITY AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 50.10
OF THIS CHAPTER; or
4. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT USE IMMU-
NITY HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH,
BY A PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY WAS
CONFERRED.
S 6. Subdivision 2 of section 190.40 of the criminal procedure law,
paragraph (c) as added by chapter 454 of the laws of 1975, is amended to
read as follows:
2. A witness who gives evidence in a grand jury proceeding INVOLVING,
IN WHOLE OR IN PART, ANY MISCONDUCT, NONFEASANCE OR NEGLECT IN PUBLIC
OFFICE BY A PUBLIC SERVANT, WHETHER CRIMINAL OR OTHERWISE, OR ANY FRAUD
UPON THE STATE, A POLITICAL SUBDIVISION OF THE STATE OR A GOVERNMENTAL
INSTRUMENTALITY WITHIN THE STATE receives USE immunity. A WITNESS IN A
GRAND JURY PROCEEDING INVOLVING ANY OTHER SUBJECT MATTER RECEIVES TRAN-
SACTIONAL IMMUNITY. IN EITHER CASE, SUCH WITNESS RECEIVES SUCH IMMUNITY
unless:
(a) He OR SHE has effectively waived such immunity pursuant to
section 190.45; or
(b) Such evidence is not responsive to any inquiry and is gratuitous-
ly given or volunteered by the witness with knowledge that it is not
responsive[.] ; OR
(c) The evidence given by the witness consists only of books, papers,
records or other physical evidence of an enterprise, as defined in
subdivision one of section 175.00 of the penal law, the production of
which is required by a subpoena duces tecum, and the witness does not
possess a privilege against self-incrimination with respect to the
production of such evidence. Any further evidence given by the witness
entitles the witness to immunity except as provided in [subparagraph]
PARAGRAPHS (a) and (b) of this subdivision.
S 7. Paragraph (d) of subdivision 1 of section 210.20 of the criminal
procedure law is amended to read as follows:
(d) The defendant has TRANSACTIONAL immunity, AS DEFINED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER, with respect to
the offense charged, pursuant to section 50.20 or 190.40; or
S 7-a. Section 210.35 of the criminal procedure law is amended by
adding a new subdivision 4-a to read as follows:
4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
MENT; OR
S 8. The opening paragraph and subdivisions 6 and 7 of section 710.20
of the criminal procedure law, the opening paragraph and subdivision 6
as amended by chapter 8 of the laws of 1976, subdivision 7 as added by
chapter 744 of the laws of 1988, and subdivision 6 as renumbered by
chapter 481 of the laws of 1983, are amended and a new subdivision 8 is
added to read as follows:
Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him in a criminal action, or (b) claims that
improper identification testimony may be offered against him in a crimi-
nal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH HE OR SHE
POSSESSES IMMUNITY, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM IN A CRIMINAL
ACTION, a court may, under circumstances prescribed in this article,
order that such evidence be suppressed or excluded upon the ground that
it:
S. 6774 4
6. Consists of potential testimony regarding an observation of the
defendant either at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential testi-
mony would not be admissible upon the prospective trial of such charge
owing to an improperly made previous identification of the defendant by
the prospective witness[.]; OR
7. Consists of information obtained by means of a pen register or trap
and trace device installed or used in violation of the provisions of
article seven hundred five of this chapter[.]; OR
8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES THAT USE IMMUNITY
HAS BEEN CONFERRED UPON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY WAS
CONFERRED.
S 9. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (u) to read as follows:
(U) ANY OFFENSE DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF THE
PENAL LAW, OFFICIAL MISCONDUCT IN THE THIRD DEGREE AS DEFINED IN SECTION
195.00 OF THE PENAL LAW, OFFICIAL MISCONDUCT IN THE SECOND DEGREE AS
DEFINED IN SECTION 195.01 OF THE PENAL LAW, AND OFFICIAL MISCONDUCT IN
THE FIRST DEGREE AS DEFINED IN SECTION 195.02 OF THE PENAL LAW.
S 10. Paragraph (f) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 154 of the laws of 1990, is amended
to read as follows:
(f) Bribery in the third degree, bribery in the second degree, bribery
in the first degree, bribe receiving in the third degree, bribe receiv-
ing in the second degree, bribe receiving in the first degree, bribe
giving for public office, FAILURE TO REPORT BRIBERY, and bribe receiving
for public office, as defined in article two hundred of the penal law;
S 10-a. Subdivision 4 of section 710.60 of the criminal procedure law,
as amended by chapter 39 of the laws of 1975, is amended to read as
follows:
4. If the court does not determine the motion pursuant to [subdivi-
sions] SUBDIVISION two or three, it must conduct a hearing and make
findings of fact essential to the determination thereof. All persons
giving factual information at such hearing must testify under oath,
except that unsworn evidence pursuant to subdivision two of section
60.20 of this chapter may also be received. Upon such hearing, hearsay
evidence is admissible to establish any material fact. A HEARING GRANT-
ED UNDER THIS SUBDIVISION PURSUANT TO A MOTION TO SUPPRESS EVIDENCE
DESCRIBED IN SUBDIVISION EIGHT OF SECTION 710.20 OF THIS ARTICLE MAY, IN
THE DISCRETION OF THE COURT, BE CONDUCTED AFTER THE TRIAL OF THE MATTER.
S 11. Section 195.20 of the penal law is REPEALED.
S 12. Section 195.00 of the penal law, as amended by chapter 906 of
the laws of 1990, is amended to read as follows:
S 195.00 Official misconduct IN THE THIRD DEGREE.
A public servant is guilty of official misconduct IN THE THIRD DEGREE
when, with intent to obtain a benefit or deprive another person of a
benefit:
1. He OR SHE commits an act relating to his OR HER office but consti-
tuting an unauthorized exercise of his OR HER official functions, know-
ing that such act is unauthorized; or
2. He OR SHE knowingly refrains from performing a duty which is
imposed upon him OR HER by law or is clearly inherent in the nature of
his OR HER office.
S. 6774 5
Official misconduct IN THE THIRD DEGREE is a class [A misdemeanor] E
FELONY.
S 13. The penal law is amended by adding two new sections 195.01 and
195.02 to read as follows:
S 195.01 OFFICIAL MISCONDUCT IN THE SECOND DEGREE.
A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF ONE THOUSAND DOLLARS.
OFFICIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.02 OFFICIAL MISCONDUCT IN THE FIRST DEGREE.
A PUBLIC SERVANT IS GUILTY OF OFFICIAL MISCONDUCT IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF OFFICIAL MISCONDUCT IN THE THIRD
DEGREE AND HE OR SHE OBTAINS ANY BENEFIT OR DEPRIVES ANOTHER PERSON OF A
BENEFIT VALUED IN EXCESS OF THREE THOUSAND DOLLARS.
OFFICIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS C FELONY.
S 14. Part 4 of the penal law is amended by adding a new title Y-2 to
read as follows:
TITLE Y-2
CORRUPTING THE GOVERNMENT
ARTICLE 496
CORRUPTING THE GOVERNMENT
SECTION 496.01 DEFINITIONS.
496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
496.06 PUBLIC CORRUPTION.
496.07 SENTENCING.
S 496.01 DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE, "SCHEME" MEANS ANY PLAN, PATTERN,
DEVICE, CONTRIVANCE, OR COURSE OF ACTION.
S 496.02 CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES.
CORRUPTING THE GOVERNMENT IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 496.03 CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF ONE THOUSAND DOLLARS.
CORRUPTING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
S 496.04 CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE.
S. 6774 6
A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
CORRUPTING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
S 496.05 CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE
WHEN HE OR SHE ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
COURSE OF CONDUCT WITH INTENT TO DEFRAUD THE STATE OR ONE OR MORE POLI-
TICAL SUBDIVISIONS OF THE STATE OR ONE OR MORE GOVERNMENTAL INSTRUMEN-
TALITIES WITHIN THE STATE, OR TO OBTAIN PROPERTY, SERVICES OR OTHER
RESOURCES FROM ANY SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL
INSTRUMENTALITY BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR
PROMISES, AND SO OBTAINS PROPERTY, SERVICES OR OTHER RESOURCES WITH A
VALUE IN EXCESS OF TEN THOUSAND DOLLARS.
CORRUPTING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
S 496.06 PUBLIC CORRUPTION.
1. A PERSON COMMITS THE CRIME OF PUBLIC CORRUPTION WHEN HE OR SHE
COMMITS A SPECIFIED OFFENSE AND THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF OR ANY GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE IS THE
OWNER OF THE PROPERTY OR HAS CONTROL OVER THE SERVICES AT ISSUE OR
OTHERWISE HAS THE RIGHT TO POSSESSION OF THE PROPERTY OR BENEFIT TAKEN,
OBTAINED OR WITHHELD SUPERIOR TO THAT PERSON OR IS OTHERWISE THE VICTIM
OF SUCH OFFENSE.
2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER: SECTION 155.25 (PETIT LARCENY); SECTION
155.30 (GRAND LARCENY IN THE FOURTH DEGREE); SECTION 155.35 (GRAND
LARCENY IN THE THIRD DEGREE); SECTION 155.40 (GRAND LARCENY IN THE
SECOND DEGREE); SECTION 155.42 (GRAND LARCENY IN THE FIRST DEGREE);
SECTION 156.05 (UNAUTHORIZED USE OF A COMPUTER); SECTION 165.05 (UNAU-
THORIZED USE OF A VEHICLE IN THE THIRD DEGREE); 165.06 (UNAUTHORIZED USE
OF A VEHICLE IN THE SECOND DEGREE); 165.08 (UNAUTHORIZED USE OF A VEHI-
CLE IN THE FIRST DEGREE); 470.05 (MONEY LAUNDERING IN THE FOURTH
DEGREE); 470.10 (MONEY LAUNDERING IN THE THIRD DEGREE); 470.15 (MONEY
LAUNDERING IN THE SECOND DEGREE); 470.20 (MONEY LAUNDERING IN THE FIRST
DEGREE).
S 496.07 SENTENCING.
1. WHEN A PERSON IS CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSU-
ANT TO SECTION 496.06 OF THIS ARTICLE AND THE SPECIFIED OFFENSE IS A
MISDEMEANOR OR A CLASS C, D OR E FELONY, THE CRIME SHALL BE DEEMED TO BE
ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED,
OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFEND-
ANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A SPECIFIED
OFFENSE, WHICHEVER IS APPLICABLE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF THE CRIME OF PUBLIC CORRUPTION PURSUANT TO THIS ARTICLE AND
THE SPECIFIED OFFENSE IS A CLASS B FELONY:
(A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
THIS CHAPTER; AND
S. 6774 7
(B) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
TEN YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.06 OF
THIS CHAPTER.
S 15. Subdivision 4 of section 200.50 of the criminal procedure law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
4. A statement in each count that the grand jury, or, where the accu-
satory instrument is a superior court information, the district attor-
ney, accuses the defendant or defendants of a designated offense,
provided that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and provided further that in any prosecution under
section 130.91 of the penal law, the designated offense shall be the
specified offense, as defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated felony";
AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 496.06 OF THE
PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE SPECIFIED OFFENSE, AS
DEFINED IN SUBDIVISION TWO OF SUCH SECTION, FOLLOWED BY THE PHRASE "AS A
PUBLIC CORRUPTION CRIME"; and
S 16. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of prescription medications and prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 195.00, 195.01,
195.02, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections
187.10, 187.15, 187.20 and 187.25 relating to residential mortgage
fraud, sections 190.40 and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; ANY OFFENSE DEFINED IN ARTICLE
FOUR HUNDRED NINETY-SIX; sections 205.60 and 205.65 relating to hinder-
ing prosecution; sections 210.10, 210.15, and 215.51 relating to perjury
and contempt; section 215.40 relating to tampering with physical
evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
S. 6774 8
ing to controlled substances; sections 225.10 and 225.20 relating to
gambling; sections 230.25, 230.30, and 230.32 relating to promoting
prostitution; section 230.34 relating to sex trafficking; sections
235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
and 263.15 relating to promoting a sexual performance by a child;
sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10 which constitute a felony relating to
firearms and other dangerous weapons; [and] sections 265.14 and 265.16
relating to criminal sale of a firearm; [and] section 275.10, 275.20,
275.30, or 275.40 relating to unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
S 17. Section 200.00 of the penal law, as amended by chapter 833 of
the laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
A person is guilty of bribery in the third degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE, IN WHOLE OR IN PART, such public servant's vote, opinion, judg-
ment, action, decision or exercise of discretion as a public servant
[will thereby be influenced].
Bribery in the third degree is a class D felony.
S 18. Section 200.03 of the penal law, as amended by chapter 833 of
the laws of 1986, is amended to read as follows:
S 200.03 Bribery in the second degree.
A person is guilty of bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess of
[ten] FIVE thousand dollars upon a public servant [upon an agreement or
understanding that] WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART,
such public servant's vote, opinion, judgment, action, decision or exer-
cise of discretion as a public servant [will thereby be influenced].
Bribery in the second degree is a class C felony.
S 19. Section 200.04 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.04 Bribery in the first degree.
A person is guilty of bribery in the first degree when he OR SHE
confers, or offers or agrees to confer[,]: (A) any benefit upon a public
servant [upon an agreement or understanding that] WITH THE INTENT TO
INFLUENCE such public servant's vote, opinion, judgment, action, deci-
sion or exercise of discretion as a public servant [will thereby be
influenced] in the investigation, arrest, detention, prosecution or
incarceration of any person for the commission or alleged commission of
a class A felony defined in article two hundred twenty of [the penal
law] THIS PART or an attempt to commit any such class A felony; OR (B)
ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS UPON A PUBLIC SERV-
ANT WITH THE INTENT TO INFLUENCE, IN WHOLE OR IN PART, SUCH PUBLIC SERV-
ANT'S VOTE, OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF
DISCRETION AS A PUBLIC SERVANT.
Bribery in the first degree is a class B felony.
S 20. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense; LIMITATIONS.
1. In any prosecution for bribery, it is a defense that the defendant
conferred or agreed to confer the benefit involved upon the public serv-
ant involved as a result of conduct of the latter constituting larceny
committed by means of extortion, or an attempt to commit the same, or
coercion, or an attempt to commit coercion;
S. 6774 9
2. IN ANY PROSECUTION PURSUANT TO SECTION 200.00, 200.03, 200.04,
200.10, 200.11, 200.12, 200.45 OR 200.50 OF THIS ARTICLE, NO PERSON
SHALL BE HELD TO HAVE VIOLATED SUCH SECTIONS WHERE THE BENEFIT IS A
CAMPAIGN CONTRIBUTION THAT IS PERMISSIBLE UNDER ARTICLE FOURTEEN OF THE
ELECTION LAW OR A COMPARABLE APPLICABLE PROVISION OF FEDERAL LAW, IS A
LOBBYING EXPENSE THAT IS LEGAL UNDER ARTICLE ONE-A OF THE LEGISLATIVE
LAW OR, PURSUANT TO SUBDIVISION (J) OF SECTION ONE-C OF THE LEGISLATIVE
LAW IS EXCLUDABLE FROM THE DEFINITION OF A GIFT, UNLESS SUCH PERSON
CONFERS, OR OFFERS OR AGREES TO CONFER, SUCH BENEFIT UPON A PUBLIC SERV-
ANT UPON AN AGREEMENT OR UNDERSTANDING THAT SUCH PUBLIC SERVANT'S VOTE,
OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION AS A
PUBLIC SERVANT WILL THEREBY BE INFLUENCED.
S 21. Section 200.10 of the penal law, as amended by chapter 833 of
the laws of 1986, is amended to read as follows:
S 200.10 Bribe receiving in the third degree.
A public servant is guilty of bribe receiving in the third degree when
he OR SHE:
1. solicits, accepts or agrees to accept any benefit from another
person upon an agreement or understanding that his OR HER vote, opinion,
judgment, action, decision or exercise of discretion as a public servant
will thereby be influenced[.]; OR
2. SOLICITS, ACCEPTS OR AGREES TO ACCEPT A GIFT OF MORE THAN NOMINAL
VALUE FROM ANOTHER PERSON FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS
OR HER VOTE, OPINION, JUDGMENT, ACTION, DECISION OR EXERCISE OF
DISCRETION AS A PUBLIC SERVANT.
Bribe receiving in the third degree is a class D felony.
S 22. Section 200.11 of the penal law, as added by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.11 Bribe receiving in the second degree.
A public servant is guilty of bribe receiving in the second degree
when he OR SHE solicits, accepts or agrees to accept any benefit valued
in excess of [ten] FIVE thousand dollars from another person [upon an
agreement or understanding that], FOR, BECAUSE OF, OR AS CONSIDERATION
FOR his OR HER vote, opinion, judgment, action, decision or exercise of
discretion as a public servant [will thereby be influenced].
Bribe receiving in the second degree is a class C felony.
S 23. Section 200.12 of the penal law, as added by chapter 276 of the
laws of 1973, is amended to read as follows:
S 200.12 Bribe receiving in the first degree.
A public servant is guilty of bribe receiving in the first degree when
he OR SHE solicits, accepts or agrees to accept: (A) any benefit from
another person [upon an agreement or understanding that], FOR, BECAUSE
OF, OR AS CONSIDERATION FOR his OR HER vote, opinion, judgment, action,
decision or exercise of discretion as a public servant [will thereby be
influenced] in the investigation, arrest, detention, prosecution or
incarceration of any person for the commission or alleged commission of
a class A felony defined in article two hundred twenty of [the penal
law] THIS PART or an attempt to commit any such class A felony; OR (B)
ANY BENEFIT VALUED IN EXCESS OF TEN THOUSAND DOLLARS FROM ANOTHER
PERSON, FOR, BECAUSE OF, OR AS CONSIDERATION FOR HIS OR HER VOTE, OPIN-
ION, JUDGMENT, ACTION, DECISION OR EXERCISE OF DISCRETION AS A PUBLIC
SERVANT.
Bribe receiving in the first degree is a class B felony.
S 24. Section 200.45 of the penal law is amended to read as follows:
S 200.45 Bribe giving for public office.
S. 6774 10
A person is guilty of bribe giving for public office when he OR SHE
confers, or offers or agrees to confer, any money or other property upon
a public servant or a party officer [upon an agreement or understanding
that] , FOR, BECAUSE OF, OR AS CONSIDERATION THAT some person will or
may be appointed to a public office or designated or nominated as a
candidate for public office.
Bribe giving for public office is a class D felony.
S 25. Section 200.50 of the penal law is amended to read as follows:
S 200.50 Bribe receiving for public office.
A public servant or a party officer is guilty of bribe receiving for
public office when he OR SHE solicits, accepts or agrees to accept any
money or other property from another person [upon an agreement or under-
standing that], FOR, BECAUSE OF, OR AS CONSIDERATION THAT some person
will or may be appointed to a public office or designated or nominated
as a candidate for public office.
Bribe receiving for public office is a class D felony.
S 26. The penal law is amended by adding a new section 200.56 to read
as follows:
S 200.56 FAILURE TO REPORT BRIBERY.
1. A PUBLIC SERVANT IS GUILTY OF FAILURE TO REPORT BRIBERY WHEN:
(A) THE PUBLIC SERVANT KNOWS THAT ANOTHER PERSON HAS ATTEMPTED TO
BRIBE SUCH PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN THIS ARTICLE,
OR SUCH PUBLIC SERVANT HAS WITNESSED OR HAS KNOWLEDGE OF EITHER (I) A
PERSON COMMITTING ANY DEGREE OF THE CRIME OF BRIBERY OR ATTEMPTING TO
COMMIT BRIBERY OF ANOTHER PUBLIC SERVANT, AS SUCH CONDUCT IS DEFINED IN
THIS ARTICLE OR (II) ANOTHER PUBLIC SERVANT COMMITTING ANY DEGREE OF THE
CRIME OF BRIBE RECEIVING, AS DEFINED IN THIS ARTICLE; AND
(B) SUCH PUBLIC SERVANT DOES NOT, AS SOON AS REASONABLY PRACTICABLE,
REPORT SUCH CRIME TO A DISTRICT ATTORNEY.
2. ANY PUBLIC SERVANT WHO MAKES A REPORT AS REQUIRED BY THIS SECTION
SHALL NOT BE SUBJECT TO DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL
ACTION AS A RESULT OF MAKING SUCH REPORT.
FAILURE TO REPORT BRIBERY IS A CLASS A MISDEMEANOR.
S 27. Subdivision 1 of section 80.00 of the penal law, as amended by
chapter 338 of the laws of 1989, is amended to read as follows:
1. A sentence to pay a fine for a felony shall be a sentence to pay an
amount, fixed by the court, not exceeding the higher of
a. five thousand dollars; or
b. double the amount of the defendant's gain from the commission of
the crime OR, IF THE DEFENDANT IS CONVICTED OF A CRIME DEFINED IN ARTI-
CLE FOUR HUNDRED NINETY-SIX OF THIS CHAPTER, ANY HIGHER AMOUNT NOT
EXCEEDING THREE TIMES THE AMOUNT OF THE DEFENDANT'S GAIN FROM THE
COMMISSION OF SUCH OFFENSE; or
c. if the conviction is for any felony defined in article two hundred
twenty or two hundred twenty-one of this chapter, according to the
following schedule:
(i) for A-I felonies, one hundred thousand dollars;
(ii) for A-II felonies, fifty thousand dollars;
(iii) for B felonies, thirty thousand dollars;
(iv) for C felonies, fifteen thousand dollars.
When imposing a fine pursuant to the provisions of this paragraph, the
court shall consider the profit gained by defendant's conduct, whether
the amount of the fine is disproportionate to the conduct in which
defendant engaged, its impact on any victims, and defendant's economic
circumstances, including the defendant's ability to pay, the effect of
S. 6774 11
the fine upon his or her immediate family or any other persons to whom
the defendant owes an obligation of support.
S 28. Subdivision 1 of section 80.10 of the penal law is amended to
read as follows:
1. In general. A sentence to pay a fine, when imposed on a corporation
for an offense defined in this chapter or for an offense defined outside
this chapter for which no special corporate fine is specified, shall be
a sentence to pay an amount, fixed by the court, not exceeding:
(a) Ten thousand dollars, when the conviction is of a felony;
(b) Five thousand dollars, when the conviction is of a class A misde-
meanor or of an unclassified misdemeanor for which a term of imprison-
ment in excess of three months is authorized;
(c) Two thousand dollars, when the conviction is of a class B misde-
meanor or of an unclassified misdemeanor for which the authorized term
of imprisonment is not in excess of three months;
(d) Five hundred dollars, when the conviction is of a violation;
(e) Any higher amount not exceeding double the amount of the corpo-
ration's gain from the commission of the offense OR, IF THE CORPORATION
IS CONVICTED OF A CRIME DEFINED IN ARTICLE FOUR HUNDRED NINETY-SIX OF
THIS CHAPTER, ANY HIGHER AMOUNT NOT EXCEEDING THREE TIMES THE AMOUNT OF
THE CORPORATION'S GAIN FROM THE COMMISSION OF SUCH OFFENSE.
S 29. Subdivision (a) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
(a) The term "lobbyist" shall mean every person or organization
retained, employed or designated by any client to engage in lobbying.
The term "lobbyist" shall not include any officer, director, trustee,
employee, counsel or agent of the state, or any municipality or subdivi-
sion thereof of New York when discharging their official duties; except
those officers, directors, trustees, employees, counsels, or agents of
colleges, as defined by section two of the education law. PROVIDED THAT
ANY INDIVIDUAL WHO STANDS CONVICTED OF A CRIME DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02
OF THE PENAL LAW MAY NOT BE RETAINED, EMPLOYED OR DESIGNATED BY ANY
CLIENT TO ENGAGE IN LOBBYING.
S 30. Section 139-a of the state finance law, as amended by chapter
268 of the laws of 1971, is amended to read as follows:
S 139-a. Ground for cancellation of contract by state. A clause shall
be inserted in all specifications or contracts hereafter made or awarded
by the state or any public department, agency or official thereof, for
work or services performed or to be performed, or goods sold or to be
sold, to provide that: (A) upon the refusal by a person, when called
before a grand jury, head of a state department, temporary state commis-
sion or other state agency, or the organized crime task force in the
department of law, which is empowered to compel the attendance of
witnesses and examine them under oath, to testify in an investigation,
concerning any transaction or contract had with the state, any political
subdivision thereof, a public authority or with any public department,
agency or official of the state or of any political subdivision thereof
or of a public authority, to sign a waiver of immunity against subse-
quent criminal prosecution or to answer any relevant question concerning
such transaction or contract; OR (B) UPON THE CONVICTION OF ANY PERSON
OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX
OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW,
[(a)] (I) such person, and any firm, partnership or corporation of
which he is a member, partner, director or officer shall be disqualified
from thereafter selling to or submitting bids to or receiving awards
S. 6774 12
from or entering into any contracts with the state or any public depart-
ment, agency or official thereof, for goods, work or services, for a
period of five years after such refusal, OR UPON CONVICTION OF ANY
OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR
SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW, FOR LIFE, and to
provide also that
[(b)] (II) any and all contracts made with the state or any public
department, agency or official thereof, since the effective date of this
law, by such person, and by any firm, partnership or corporation of
which he is a member, partner, director or officer may be cancelled or
terminated by the state without incurring any penalty or damages on
account of such cancellation or termination, but any monies owing by the
state for goods delivered or work done prior to the cancellation or
termination shall be paid.
S 31. Section 139-b of the state finance law, as amended by chapter
268 of the laws of 1971, is amended to read as follows:
S 139-b. Disqualification to contract with state. 1. Any person who,
when called before a grand jury, head of a state department, temporary
state commission or other state agency, or the organized crime task
force in the department of law, which is empowered to compel the attend-
ance of witnesses and examine them under oath, to testify in an investi-
gation, concerning any transaction or contract had with the state, any
political subdivision thereof, a public authority or with a public
department, agency or official of the state or of any political subdivi-
sion thereof or of a public authority, refuses to sign a waiver of immu-
nity against subsequent criminal prosecution or to answer any relevant
question concerning such transaction or contract, and any firm, partner-
ship or corporation of which [he] ANY SUCH PERSON is a member, partner,
director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving awards from or entering into any
contracts with the state or any public department, agency or official
thereof, for goods, work or services, for a period of five years after
such refusal or until a disqualification shall be removed pursuant to
the provisions of section one hundred thirty-nine-c of this article.
It shall be the duty of the officer conducting the investigation
before the grand jury, the head of a state department, the [chairman]
CHAIR of the temporary state commission or other state agency, or the
organized crime task force in the department of law before which the
refusal occurs to send notice of such refusal, together with the names
of any firm, partnership or corporation of which the person so refusing
is known to be a member, partner, officer or director, to the state
commissioner of transportation, except in the event the investigation
concerns a public building transaction or contract said notice shall be
sent to the state commissioner of general services, and the appropriate
departments, agencies and officials of the state, political subdivisions
thereof or public authorities with whom the person so refusing and any
firm, partnership or corporation of which he is a member, partner,
director or officer, is known to have a contract. However, when such
refusal occurs before a body other than a grand jury, notice of refusal
shall not be sent for a period of ten days after such refusal occurs.
Prior to the expiration of this ten day period, any person, firm, part-
nership or corporation which has become liable to the cancellation or
termination of a contract or disqualification to contract on account of
such refusal may commence a special proceeding at a special term of the
supreme court, held within the judicial district in which the refusal
occurred, for an order determining whether the questions in response to
S. 6774 13
which the refusal occurred were relevant and material to the inquiry.
Upon the commencement of such proceeding, the sending of such notice of
refusal to answer shall be subject to order of the court in which the
proceeding was brought in a manner and on such terms as the court may
deem just. If a proceeding is not brought within ten days, notice of
refusal shall thereupon be sent as provided herein.
2. ANY PERSON WHO STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR
195.02 OF THE PENAL LAW, AND ANY FIRM, PARTNERSHIP OR CORPORATION OF
WHICH ANY SUCH PERSON IS A MEMBER, PARTNER, DIRECTOR OR OFFICER SHALL BE
DISQUALIFIED, FOR LIFE, FROM THEREAFTER SELLING TO OR SUBMITTING BIDS TO
OR RECEIVING AWARDS FROM OR ENTERING INTO ANY CONTRACTS WITH THE STATE
OR ANY PUBLIC DEPARTMENT, AGENCY OR OFFICIAL THEREOF, FOR GOODS, WORK OR
SERVICES. IN THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
SO CONVICTED, THE OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE SHALL
SEND NOTICE OF SUCH CONVICTION TOGETHER WITH THE NAMES OF ANY FIRM,
PARTNERSHIP OR CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A MEMBER,
PARTNER, OFFICER OR DIRECTOR, TO THE STATE COMMISSIONER OF GENERAL
SERVICES, AND SUCH APPROPRIATE DEPARTMENTS, AGENCIES AND OFFICIALS OF
THE STATE, POLITICAL SUBDIVISIONS THEREOF OR PUBLIC AUTHORITIES WITH
WHOM THE PERSON AND ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH HE IS
A MEMBER, PARTNER, DIRECTOR OR OFFICER, IS KNOWN TO HAVE A CONTRACT.
S 32. Subdivision 6 of section 1310 of the civil practice law and
rules, as added by chapter 669 of the laws of 1984, is amended to read
as follows:
6. "Pre-conviction forfeiture crime" means only a felony defined in
article two hundred twenty OR FOUR HUNDRED NINETY-SIX or section 195.00,
195.01, 195.02, 221.30 or 221.55 of the penal law.
S 33. Section 3 of the public officers law is amended by adding a new
subdivision 1-a to read as follows:
1-A. NO PERSON SHALL BE CAPABLE OF HOLDING A CIVIL OFFICE WHO SHALL
STAND CONVICTED OF A CRIME DEFINED IN ARTICLE TWO HUNDRED OR FOUR
HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW.
S 34. The real property tax law is amended by adding a new section 493
to read as follows:
S 493. LIMITATIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ANY REAL PROPERTY WHICH WOULD OTHERWISE BE ELIGIBLE FOR AN
EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER REDUCTION OR OFFSET OF
REAL PROPERTY TAX LIABILITY AUTHORIZED BY LAW SHALL NOT BE SO ELIGIBLE
IF ANY PERSON WHO STANDS TO BENEFIT FROM THE EXEMPTION, CREDIT, ABATE-
MENT, REBATE OR OTHER REDUCTION OR OFFSET STANDS CONVICTED OF AN OFFENSE
DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW.
2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED TO STAND TO
BENEFIT FROM AN EXEMPTION, CREDIT, ABATEMENT, REBATE OR OTHER REDUCTION
OR OFFSET OF REAL PROPERTY TAX LIABILITY IF THE PERSON IS:
(A) AN OWNER OR BENEFICIAL OWNER THEREOF, OR
(B) IN THE CASE OF RESIDENTIAL REAL PROPERTY OWNED BY A COOPERATIVE
APARTMENT CORPORATION, A TENANT-STOCKHOLDER RESIDING THEREIN, OR
(C) IN THE CASE OF A PARTNERSHIP THAT HAS LEGAL TITLE TO PROPERTY, OR
IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A PARTNER THERE-
OF, OR
(D) IN THE CASE OF A LIMITED LIABILITY COMPANY THAT HAS LEGAL TITLE TO
PROPERTY, OR IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A
MANAGER OR MEMBER THEREOF, OR
S. 6774 14
(E) IN THE CASE OF A CORPORATION THAT HAS LEGAL TITLE TO PROPERTY OR
IS OBLIGATED TO MAKE PAYMENTS IN LIEU OF TAXES THEREON, A DIRECTOR OR
OFFICER THEREOF.
3. IN THE EVENT A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS
CONVICTED OF AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED
NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE
OFFICE RESPONSIBLE FOR PROSECUTING SUCH OFFENSE SHALL SEND NOTICE OF
SUCH CONVICTION, TOGETHER WITH THE NAMES OF ANY FIRM, PARTNERSHIP OR
CORPORATION OF WHICH THE PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFI-
CER OR DIRECTOR, TO THE ASSESSOR OF ANY ASSESSING UNIT IN WHICH SUCH
PERSON OR SUCH FIRM, PARTNERSHIP OR CORPORATION IS KNOWN TO OWN PROPER-
TY.
S 35. Section 960 of the general municipal law is amended by adding a
new subdivision (f) to read as follows:
(F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A BUSINESS
ENTERPRISE SHALL NOT BE ELIGIBLE FOR ANY BENEFITS PURSUANT TO THIS ARTI-
CLE IF SUCH ENTERPRISE STANDS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR
195.02 OF THE PENAL LAW, OR IF ANY MEMBER, PARTNER, DIRECTOR OR OFFICER
OF SUCH ENTERPRISE STANDS CONVICTED OF ANY SUCH OFFENSE.
S 36. The tax law is amended by adding a new section 41 to read as
follows:
S 41. LIMITATIONS ON TAX CREDIT ELIGIBILITY. ANY TAXPAYER WHO STANDS
CONVICTED, OR WHO IS A SHAREHOLDER OF AN S CORPORATION OR PARTNER IN A
PARTNERSHIP WHICH IS CONVICTED, OF AN OFFENSE DEFINED IN ARTICLE TWO
HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION 195.00, 195.01 OR 195.02
OF THE PENAL LAW SHALL NOT BE ELIGIBLE FOR ANY TAX CREDIT ALLOWED UNDER
ARTICLE NINE, NINE-A, THIRTY-TWO OR THIRTY-THREE OF THIS CHAPTER OR ANY
BUSINESS TAX CREDIT ALLOWED UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
FOR PURPOSES OF THIS SECTION, A BUSINESS TAX CREDIT ALLOWED UNDER ARTI-
CLE TWENTY-TWO OF THIS CHAPTER IS A TAX CREDIT ALLOWED TO TAXPAYERS
UNDER ARTICLE TWENTY-TWO WHICH IS SUBSTANTIALLY SIMILAR TO A TAX CREDIT
ALLOWED TO TAXPAYERS UNDER ARTICLE NINE-A OF THIS CHAPTER. IN THE EVENT
A PERSON OR FIRM, PARTNERSHIP OR CORPORATION IS CONVICTED OF AN OFFENSE
DEFINED IN ARTICLE TWO HUNDRED OR FOUR HUNDRED NINETY-SIX OR SECTION
195.00, 195.01 OR 195.02 OF THE PENAL LAW, THE OFFICE RESPONSIBLE FOR
PROSECUTING SUCH OFFENSE SHALL SEND NOTICE OF SUCH CONVICTION, TOGETHER
WITH THE NAMES OF ANY FIRM, PARTNERSHIP OR CORPORATION OF WHICH THE
PERSON IS KNOWN TO BE A MEMBER, PARTNER, OFFICER OR DIRECTOR, TO THE
COMMISSIONER.
S 37. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
cers law, as amended by section 5 of part A of chapter 399 of the laws
of 2011, is amended to read as follows:
8. (a) If the reporting individual practices law, is licensed by the
department of state as a real estate broker or agent or practices a
profession licensed by the department of education, or works as a
member or employee of a firm required to register pursuant to
section one-e of the legislative law as a lobbyist, [give] DESCRIBE
THE SERVICES RENDERED FOR WHICH COMPENSATION WAS PAID, INCLUDING a
general description of the principal subject areas of matters under-
taken by such individual OR PRINCIPAL DUTIES PERFORMED. Addi-
tionally, if such an individual practices with a firm or corporation
and is a partner or shareholder of the firm or corporation, give a
general description of principal subject areas of matters undertaken
by such firm or corporation.
S. 6774 15
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(b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE, OR FOR NEW MATTERS
FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT
ARE PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE:
If the reporting individual personally provides services to any person
or entity, or works as a member or employee of a partnership or corpo-
ration that provides such services (referred to hereinafter as a
"firm"), then identify each client or customer to whom the reporting
individual personally AND KNOWINGLY provided DIRECT OR INDIRECT
services, or who was referred to the firm by the reporting individual,
and from whom the reporting individual or his or her firm earned fees in
excess of $10,000 during the reporting period for such services rendered
in direct connection with:
(i) A proposed bill or resolution in the senate or assembly during the
reporting period;
(ii) A contract in an amount totaling $50,000 or more from the state
or any state agency for services, materials, or property;
(iii) A grant of $25,000 or more from the state or any state agency
during the reporting period;
(iv) A grant obtained through a legislative initiative during the
reporting period; or
(v) A case, proceeding, application or other matter that is not a
ministerial matter before a state agency during the reporting period.
For purposes of this question, "referred to the firm" shall mean:
having intentionally and knowingly taken a specific act or series of
acts to intentionally procure for the reporting individual's firm or
knowingly solicit or direct to the reporting individual's firm in whole
or substantial part, a person or entity that becomes a client of that
firm for the purposes of representation for a matter as defined in
subparagraphs (i) through (v) of this paragraph, as the result of such
procurement, solicitation or direction of the reporting individual. A
reporting individual need not disclose activities performed while
lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
sion seven of section seventy-three of this article.
The disclosure requirement in this question shall not require disclo-
sure of clients or customers receiving medical or dental services,
mental health services, residential real estate brokering services, or
insurance brokering services from the reporting individual or his or her
firm. The reporting individual need not identify any client to whom he
or she or his or her firm provided legal representation with respect to
investigation or prosecution by law enforcement authorities, bankruptcy,
or domestic relations matters. With respect to clients represented in
other matters, where disclosure of a client's identity is likely to
cause harm, the reporting individual shall request an exemption from the
joint commission pursuant to paragraph (i) of subdivision nine of
section ninety-four of the executive law. Only a reporting individual
who first enters public office after July first, two thousand twelve,
need not report clients or customers with respect to matters for which
the reporting individual or his or her firm was retained prior to enter-
ing public office.
S. 6774 16
Client Nature of Services Provided
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(c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES ARE
PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, OR FOR NEW
MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES
THAT ARE PROVIDED ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN:
(I) IF THE REPORTING INDIVIDUAL RECEIVES INCOME OF $50,000 OR GREATER
FROM ANY EMPLOYMENT OR ACTIVITY REPORTABLE UNDER QUESTION 8(A), INCLUD-
ING THE PRACTICE OF LAW, IDENTIFY EACH CLIENT OR CUSTOMER TO WHOM THE
REPORTING INDIVIDUAL OR HIS OR HER FIRM EARNED FEES IN EXCESS OF $10,000
DURING THE REPORTING PERIOD FOR SUCH SERVICES RENDERED IF SUCH CLIENT OR
CUSTOMER HAS A PENDING MATTER WITH THE STATE, EVEN IF THE REPORTING
INDIVIDUAL PROVIDES NO SERVICES RELATED TO SUCH MATTER, IN DIRECT
CONNECTION WITH:
(A) A PROPOSED BILL OR RESOLUTION IN THE SENATE OR ASSEMBLY DURING THE
REPORTING PERIOD;
(B) A CONTRACT IN AN AMOUNT TOTALING $50,000 OR MORE FROM THE STATE OR
ANY STATE AGENCY FOR SERVICES, MATERIALS, OR PROPERTY;
(C) A GRANT OF $25,000 OR MORE FROM THE STATE OR ANY STATE AGENCY DURING
THE REPORTING PERIOD;
(D) A GRANT OBTAINED THROUGH A LEGISLATIVE INITIATIVE DURING THE REPORT-
ING PERIOD; OR
(E) A CASE, PROCEEDING, APPLICATION OR OTHER MATTER THAT IS NOT A MINIS-
TERIAL MATTER BEFORE A STATE AGENCY DURING THE REPORTING PERIOD.
(II) THE REPORTING INDIVIDUAL SHALL IDENTIFY EVERY CLIENT DIRECTLY
REFERRED TO SUCH INDIVIDUAL BY A REGISTERED LOBBYIST OR CLIENT OF A
LOBBYIST WHERE SUCH REFERRAL SHALL HAVE BEEN MADE BY DIRECT COMMUNI-
CATION FROM THE LOBBYIST OR CLIENT OF A LOBBYIST TO THE REPORTING INDI-
VIDUAL. WITH RESPECT TO EACH SUCH CLIENT, THE REPORTING INDIVIDUAL SHALL
IDENTIFY THE NAME OF THE CLIENT SO REFERRED, THE AMOUNT OF COMPENSATION
RECEIVED, AND THE NAME OF THE LOBBYIST OR CLIENT OF A LOBBYIST WHO
REFERRED SUCH CLIENT. THE DISCLOSURE REQUIREMENTS IN CLAUSES (I) AND
(II) OF THIS SUBPARAGRAPH SHALL NOT REQUIRE DISCLOSURE OF CLIENTS OR
CUSTOMERS RECEIVING MEDICAL OR DENTAL SERVICES, MENTAL HEALTH SERVICES,
RESIDENTIAL REAL ESTATE BROKERING SERVICES, OR INSURANCE BROKERING
SERVICES FROM THE REPORTING INDIVIDUAL OR HIS OR HER FIRM. THE REPORTING
INDIVIDUAL NEED NOT IDENTIFY ANY CLIENT TO WHOM HE OR SHE OR HIS OR HER
FIRM PROVIDED LEGAL REPRESENTATION WITH RESPECT TO INVESTIGATION OR
PROSECUTION BY LAW ENFORCEMENT AUTHORITIES, BANKRUPTCY, OR DOMESTIC
RELATIONS MATTERS. WITH RESPECT TO CLIENTS REPRESENTED IN OTHER MATTERS,
THE REPORTING INDIVIDUAL SHALL REQUEST AN EXEMPTION FROM THE JOINT
COMMISSION, WHICH SHALL BE GRANTED FOR GOOD CAUSE SHOWN. FOR THE
PURPOSES OF THIS QUESTION, GOOD CAUSE MAY BE SHOWN BY CIRCUMSTANCES
INCLUDING, BUT NOT LIMITED TO, WHERE DISCLOSURE OF A CLIENT'S IDENTITY
WOULD REVEAL TRADE SECRETS OR HAVE A NEGATIVE IMPACT ON THE CLIENT'S
BUSINESS INTERESTS, WOULD CAUSE EMBARRASSMENT FOR THE CLIENT, COULD
REASONABLY RESULT IN RETALIATION AGAINST THE CLIENT, OR WOULD TEND TO
REVEAL NON-PUBLIC MATTERS REGARDING A CRIMINAL INVESTIGATION. ONLY A
REPORTING INDIVIDUAL WHO FIRST ENTERS PUBLIC OFFICE AFTER JANUARY FIRST,
TWO THOUSAND FIFTEEN, NEED NOT REPORT CLIENTS OR CUSTOMERS WITH RESPECT
S. 6774 17
TO MATTERS FOR WHICH THE REPORTING INDIVIDUAL OR HIS OR HER FIRM WAS
RETAINED PRIOR TO ENTERING PUBLIC OFFICE.
CLIENT NATURE OF SERVICES PROVIDED
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(D) List the name, principal address and general description or the
nature of the business activity of any entity in which the reporting
individual or such individual's spouse had an investment in excess of
$1,000 excluding investments in securities and interests in real proper-
ty.
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S 38. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
S 39. This act shall take effect on the thirtieth day after it shall
have become a law and shall only apply to acts committed on or after
such date.
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