| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 15, 2014 |
referred to codes |
Senate Bill S7531
2013-2014 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2013-S7531 (ACTIVE) - Details
2013-S7531 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7531
TITLE OF BILL: An act to amend the penal law, in relation to
undisclosed self-dealing
PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish the crime of undisclosed self-dealing in the
first and second degrees, respectively a class C and a class D felony.
This would serve to provide a criminal penalty for public servants who
knowingly steer public contracts or grants to certain institutions or
organizations in order to benefit themselves or their families.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill adds a new section 195.30 to the penal law
establishing the crime of undisclosed self-dealing in the second
degree, establishes the definition of the crime, and provides that it
shall be a class D felony.
Section 1 of the bill also adds a new section 195.35 establishing the
crime of undisclosed self-dealing in the first degree, establishes the
definition of the crime, and provides that it shall be a class C
felony.
Section 2 provides that the act shall take effect immediately upon its
2013-S7531 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7531
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to undisclosed self-dealing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding two new sections 195.30
and 195.35 to read as follows:
S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN THE SECOND-DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR A COURSE OF CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF OR A RELATIVE, AND
THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR
A RELATIVE WITH A VALUE IN EXCESS OF THREE THOUSAND DOLLARS. A BENEFIT
IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONG-
FUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS COMMISSION
OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO
HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A PARTICIPANT IN THE
ALLEGED WRONGFUL CONDUCT.
UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR A COURSE OF CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF OR A RELATIVE, AND
THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF, HERSELF OR
A RELATIVE WITH A VALUE IN EXCESS OF TEN THOUSAND DOLLARS. A BENEFIT IS
DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO THE ALLEGED WRONGFUL
CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL ETHICS COMMISSION OR
(II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERVANT'S APPOINTMENT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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