NY State Senate Bill 2015-S4250

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Mar 11, 2015	referred to codes

2015-S4250 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§200.00 - 200.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S46
2019-2020: S37
2021-2022: S4004

2015-S4250 (ACTIVE) - Summary

Makes technical corrections to the descriptions of certain bribery offenses and defenses.

2015-S4250 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4250

TITLE OF BILL:  An act to amend the penal law, in relation to making
technical corrections to the descriptions of certain bribery offenses
and defenses

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would amend the mens rea element of the public
official bribery statute to require only an intent to influence.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 200.00 of the penal law (Bribery
in the Third Degree) to add the intent to influence as an element to
the crime.

Section 2 of the bill amends section 200.03 of the penal law (Bribery
in the Second Degree) to add the intent to influence as an element to
the crime.

Section 3 of the bill amends section 200.04 of the penal law (Bribery
in the First Degree) to add the intent to influence as an element to
the crime.

Section 4 of the bill amends section 200.05 of the penal law (Bribery;

defense) to add as a defense to the crime of bribery that the benefit
a defendant conferred, or offered or agreed to confer, upon the public
servant was a legitimate campaign contribution.

Section 5 of the bill provides that the act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

JUSTIFICATION:

In 2013, the District Attorneys Association of the State of New York's
White Collar Crime Task Force issued a report noting that "the
statutes governing the bribery of public officials unnecessarily
heighten the burden for prosecuting such conduct."

Current law requires a mutual agreement between the bribe-giver and
the public official, or a unilateral belief by the bribe-giver that
the bribe will in fact influence the public official. New York's other
bribery laws, as with bribery laws in the vast majority of other
states, only require that the bribe-giver "intends to influence" the
bribe-receiver.

This legislation would amend the mens rea element of the
public-servant bribery statute to require only an intent to influence.
It also creates a defense to ensure that legitimate campaign
contributions are not criminalized.

PRIOR LEGISLATIVE HISTORY:

None, new bill.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2015-S4250 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4250

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

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  making  technical
  corrections  to  the  descriptions  of  certain  bribery  offenses and
  defenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. 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  such public servant's vote, opinion, judgment, 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 2. Section 200.03 of the penal law, as  amended  by  section  18  of
subpart  A  of  part  H of chapter 55 of the laws of 2014, 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
five thousand dollars upon a public servant [upon an agreement or under-
standing that] WITH THE INTENT TO INFLUENCE such public servant's  vote,
opinion,  judgment,  action,  decision  or  exercise  of discretion as a
public servant [will thereby be influenced].
  Bribery in the second degree is a class C felony.
  S 3. Section 200.04 of the penal law, as  amended  by  section  19  of
subpart  A  of  part  H of chapter 55 of the laws of 2014, is amended to
read as follows:
S 200.04 Bribery in the first degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09346-02-5

S. 4250                             2

  A person is guilty of bribery in the  first  degree  when  the  person
confers,  or  offers  or agrees to confer: (1) 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 this  part  or
an  attempt to commit any such class A felony; or (2) any benefit valued
in excess of one hundred thousand dollars upon a public servant [upon an
agreement or understanding that]  WITH  THE  INTENT  TO  INFLUENCE  such
public  servant's  vote, opinion, judgment, action, decision or exercise
of discretion as a public servant [will thereby be influenced].
  Bribery in the first degree is a class B felony.
  S 4. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense.
  In any prosecution for bribery[,]:  (1)  it  is  a  defense  that  the
defendant  conferred  or  agreed to confer the benefit involved upon the
public servant involved as a result of conduct of the latter  constitut-
ing larceny committed by means of extortion, or an attempt to commit the
same,  or  coercion,  or an attempt to commit coercion[.]; AND (2) IT IS
ALSO A DEFENSE THAT THE BENEFIT THAT THE DEFENDANT CONFERRED, OR OFFERED
OR AGREED TO CONFER, UPON THE PUBLIC SERVANT WAS A  LEGITIMATE  CAMPAIGN
CONTRIBUTION,  UNLESS  SUCH  CONTRIBUTION  WAS MADE UPON AN AGREEMENT OR
UNDERSTANDING  THAT  SUCH  PUBLIC  SERVANT'S  VOTE,  OPINION,  JUDGMENT,
ACTION,  DECISION  OR  EXERCISE  OF DISCRETION AS A PUBLIC SERVANT WOULD
THEREBY BE INFLUENCED.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S4250

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Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2015-S4250 (ACTIVE) - Details

2015-S4250 (ACTIVE) - Summary

2015-S4250 (ACTIVE) - Sponsor Memo

2015-S4250 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2015-S4250 (ACTIVE) - Details

2015-S4250 (ACTIVE) - Summary

2015-S4250 (ACTIVE) - Sponsor Memo

2015-S4250 (ACTIVE) - Bill Text download pdf

Comments